Sec. 33-20-1 - General

§ 33-20-1. General

1.1. Scope. - This rule establishes and adopts a program of regulation for the generation, treatment, storage, and disposal of hazardous waste to the extent necessary for the protection of the public health and safety and the environment.

1.2. Authority. - W. Va. Code § 22-18-6.

1.3. Filing Date. - April 19, 2021.

1.4. Effective Date. - July 1, 2021.

1.5. Incorporation by Reference. - Whenever either federal statutes or regulations or State statutes or rules are incorporated by reference into this rule, the reference is to that statute or regulation in effect on September 8, 2020 unless otherwise noted in the text of this rule. This incorporation by reference is not intended to replace or abrogate federal authorities granted the Resource Conservation and Recovery Act.

1.5.a. In applying the federal requirements incorporated by reference throughout this rule, the following exceptions or substitutions apply, unless the context clearly requires otherwise or the referenced rule cannot be delegated to the State:

1.5.a.1. "West Virginia Department of Environmental Protection" will be substituted for "Environmental Protection Agency".

1.5.a.2. "Secretary of the West Virginia Department of Environmental Protection" will be substituted for "Administrator", "Regional Administrator", and "Director". In those sections that are not adopted by reference or that are not delegable to the State, "Administrator", "Regional Administrator", and "Director" will have the meaning defined in 40 C.F.R. § 260.10

1.5.a.3. Whenever the regulations require publication in the "Federal Register" compliance will be accomplished by publication in the "West Virginia Register", a part of the "State Register" created pursuant to the provisions of W. Va. Code § 29A-2-2 for those areas applicable and delegable to the state.

1.5.a.4. Whenever in the federal regulation reference is made to the Resource Conservation and Recovery Act (42 U.S.C. § 6930), the reference is to section 4 of this rule. The notification requirements of the Resource Conservation and Recovery (42 U.S.C. § 3010) remain in effect and will be satisfied by compliance with section 4 of this rule.

1.6. This rule references the provisions of the West Virginia Department of Environmental Protection, Division of Air Quality rule, 45CSR25, "Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities" that is in effect on the date that this rule becomes effective.

The following state regulations pages link to this page.