West Virginia Universal Wastes regulations & environmental compliance analysis

West Virginia Universal Wastes: What you need to know

Governing Law and Regulations

Universal waste rule: West Virginia Regulations (WV Reg.) 33-20-13

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Universal waste petition rule: WV Reg. 33-20-13.4

Exports of universal waste: WV Reg. 33-20-13.2

Regulatory Agency

West Virginia Department of Environmental Protection (DEP) Division of Water and Waste Management Hazardous Waste Management Program

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. West Virginia adopts by reference the federal regulations for the management of universal wastes. West Virginia adds its own state requirements for petitions and additional requirements for maintaining records associated with exports of universal wastes.

In addition, the state's adoption of the U.S. Environmental Protection Agency's (EPA) Hazardous Waste Generator Improvements Rule, effective in West Virginia as of June 1, 2018, affected the state's universal waste requirements primarily by changing the name of the smallest class of hazardous waste generator to "very small quantity generator" (VSQG).

Administration and enforcement. The Division of Water and Waste Management of the West Virginia Department of Environmental Protection (DEP) administers and enforces the universal waste rules in West Virginia.

State Requirements

PETITION PROCESS

WV Reg. 33-20-13.4

Persons petitioning the DEP to add additional wastes for management under the universal waste regulations must do so in accordance with the petition procedures set forth at WV Reg. 33-20-2.5.d.

EXPORTS

WV Reg. 33-20-13.2

Exports of universal waste from the state to a foreign destination must be done in accordance with the federal rules. In addition, exporters must provide the DEP with copies of all documentation, manifests, ...


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