West Virginia Land Disposal Restrictions regulations & environmental compliance analysis

West Virginia Land Disposal Restrictions: What you need to know

Governing Law and Regulations

Land disposal restrictions: West Virginia Regulations 33-20-10

Regulatory Agencies
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West Virginia Department of Environmental Protection (DEP) Division of Water and Waste Management Environmental Enforcement Branch Hazardous Waste Unit

U.S. Environmental Protection Agency (EPA) Region 3

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. West Virginia has adopted by reference most of the federal land disposal restrictions (LDRs) that were in effect as of June 1, 2008 as well as best demonstrated available technology (BDAT). Kansas, however, did not adopt the following federal LDRs because EPA has not delegated authority to states to implement these rules:

—Case-by-case extensions (40 CFR 268.5)

—No-migration variances (40 CFR 268.6)

—Equivalent method variances (40 CFR 268.42(b))

—Variances from treatment standards (40 CFR 268.44)

See LDR Exceptions in the national section LAND DISPOSAL RESTRICTIONS/LAND BAN for more information about these extensions and variances.

Administration and enforcement. DEP's Environmental Enforcement Branch is responsible for the administration and enforcement of the state's LDRs. However, the federal exemption rules that West Virginia did not incorporate by reference are implemented by EPA's Region 3 office. In addition, when new, more stringent regulations are issued under the Hazardous and Solid Waste Amendments (HSWA) to the Resource Conservation and Recovery Act (RCRA), EPA will administer these new regulations until the time that an equivalent or more stringent rule is adopted in West Virginia.

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West Virginia Land Disposal Restrictions Resources

Type Title
Checklists Treatment Facility LDR Checklist
See all Land Disposal Restrictions Resources