Hazardous Waste Management (Air)

This section regulates air emissions from facilities that treat, store and dispose of solid and hazardous waste from hazardous waste combustion, thermal treatment, and air emission standards for equipment vents, equipment leaks, and for tanks, containers and surface impoundments. This is accomplished by evaluating permit applications for approval or denial, conducting site inspections to confirm compliance, observing facility's compliance stack test performance, and initiating enforcement actions when facilities are found in violation of the conditions of their permits or state and federal rules. Air emissions from hazardous waste combustion facilities are regulated under the Resource Conservation and Recovery Act (RCRA) and Clean Air Act (CAA). Air emissions from solid waste facilities, such as municipal solid waste landfills, hospital/medical/infectious waste incinerators and commercial industrial waste incineration units, are regulated under the Clean Air Act Amendments of 1990 (CAAA).

The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Hazardous Waste Combustors (HWC) Phase I and Phase II were promulgated on October 12, 2005. Hazardous waste burning incinerators, cement kilns, lightweight aggregate kilns, industrial/commercial/institutional boilers and process heaters and hydrochloric acid production furnaces were promulgated under the joint authority of the CAA and RCRA. Permit transition is only for the air emissions regulated under the HWC-MACT rule. All other components of the RCRA permit applicable to the combustion unit and to other hazardous waste management units, such as thermal treatment and air emissions standards for process vents, equipment leaks, tanks, containers, and surface impoundments, operating under current 45CSR25 requirements remain in the RCRA permit. Staff will continue to monitor the compliance of the hazardous waste combustion sources to ensure compliance with the facility's existing permit, RCRA and CAA regulations. The federal rules promulgated under the authority of these two acts have been adopted by the state in 45CSR16, 45CSR18, 45CSR23, 45CSR25, and 45CSR34.

Staff is also responsible for drafting rules and state plans for adopting changes and new requirements to maintain consistency with federal regulatory programs and in keeping with state goals, to protect human health and the environment.

  • Part A Application*
    • Date: May 31, 2020
    • Description: The Part A application is submitted on a designated form, EPA form 8700-23, and requires basic information about the facility.
  • Certification*
    • Date: November, 1997
    • Description: All permit applications, reports, and other information requested by the Chiefshall be accompanied by the Certification.
  • General Requirements*
    • Date: November, 1997
    • Description: GENERAL REQUIREMENTS. (270.14(b)(19)) The applicant must provide the following information in accordance with 40 CFR Part270.14(b)(19).
  • Hazardous Waste Incinerators
    • Date: November, 1997
    • Description: Waste is a hazardous waste solely because it possesses thecharacteristic of ignitability, corrosivity, or both, as determined by thetests for characteristics of hazardous wastes.
  • BIF - Waivers and Exemptions
    • Date: November, 1997
    • Description: A boiler that is not burning hazardous waste containing F020, F021, F022, F023, F026,and F027 and submits documentation that it operates under the following conditions isconsidered in compliance with the 266.104(a) DRE Standard and a DRE trial burn iswaived.
  • BIF - Requirements for New BIFs
    • Date: November, 1997
    • Description: Time required to bring the new boiler or industrial furnace to a point ofoperational readiness for the trial burn must be the minimum necessary andcannot exceed 720 hours, or up to 1,440 hours if the applicant shows goodcause for requiring an extension.
  • BIF - Direct Transfer
    • Date: November, 1997
    • Description: BIFs that directly feed hazardous waste from a transport vehicle to a BIF without theuse of a storage unit.
  • Miscellaneous Units
    • Date: November, 1997
    • Description: Identify all miscellaneous units that treat, store or dispose of hazardous waste at thefacility, but do not fit the current definition of container, tank surface impoundment,waste pile, land treatment unit, landfill, incinerator, boiler, industrial furnace orunderground injection well.
  • Hazardous Waste Piles
    • Date: November, 1997
    • Description: Information on what to provide with Hazardous Waste Piles.
  • Subpart AA - Process Vents
    • Date: November, 1997
    • Description: Information and data identifying all affected process vents, annualthroughput and operating hours of each affected unit, estimatedemission rates for each affected vent and for the overall facility.
  • Subpart BB - Equipment
    • Date: November, 1997
    • Description: Equipment identification number and hazardous waste management unit identification.
  • Emergency Permit
    • Date: November, 1997
    • Description: Application for an emergency permit to construct and operate a hazardous waste treatment, storage, and disposal facility.

* Required for all permit applications.

Contact Information

Richard Boehm, Engineer
West Virginia Department of Environmental Protection
Division of Air Quality
601 57th St. SE
Charleston, WV 25304
Phone: (304) 926-0499 x41246
Email: Richard.A.Boehm@wv.gov

Joshua Woody, Engineer
West Virginia Department of Environmental Protection
Division of Air Quality
601 57th St. SE
Charleston, WV 25304
Phone: (304) 926-0499 x41914
Email: Joshua.M.Woody@wv.gov