Hazardous Waste Activity
The WVDEP has joined the EPA and is now accepting RCRA Subtitle C Applications online.
To sign up please visit MyRCRAID.
Revisions to the Definition of Solid Waste
On October 7, 2008, EPA’s Administrator signed the Revisions to the Definition of Solid Waste (DSW) final rule (73 FR
64668, October 30, 2008), which excludes certain hazardous secondary materials that are reclaimed from the RCRA
Subtitle C hazardous waste regulations, provided certain conditions and requirements are met. Under RCRA, to be
considered a hazardous waste, a hazardous secondary material must first be determined to be a solid waste.
At this time, West Virginia is not authorized for this rule.
If a company generates enough waste in a given month to classify the generation in a higher category (e.g., small
quantity generator to large quantity generator), this is referred to as episodic generation. A company generating
enough waste to be placed in a higher category must notify the DEP in writing and comply with all other regulatory
requirements of that category until the waste is removed from the generator’s site. For more information on episodic
generation, please click here.
Notification of One-Time Event (Short Term/Temporary Generator)
Per 8700-12 EPA Application 10.A.2. Short-Term Generators are described as follows:
- If the site is normally not a generator of hazardous waste, but is currently generating hazardous waste only as
the result of a one-time, non-recurring, temporary event that is not related to normal production processes. In
other words, short-term generators produce hazardous waste from a particular activity for a limited time and
then cease conducting activity. Short-term generators are not considered episodic generators because episodic
generators regularly generate hazardous waste as part of their operations but elevate to a higher generator
category as a result of a planned or unplanned event.
Examples of short-term generators include:
- one-time highway bridge generation
- underground storage tank removals
- generation of off-specification or out-of-date checmials at a site that normally doesn't generate hazardous
- remediation or spill clean-up at sites with no previous EPA ID number
- site or production process decommissions by a new operator
If the short-term generation box is checked "Y", then an explanation of your short-term generation event MUST be
listed in the comment section.
Upon completion of the one-time, non-recurring, temporary event, the facility must re-notify WVDEP of the completion
in order to document that it is no longer generating hazardous waste. A copy of the hazardous waste manifest(s)
associated with waste removal shall be included with this subsequent notification. A facility may be assessed an
Annual Hazardous Waste Certification Fee, in accordance with WV 33CSR24, if subsequent notification and the
completed/signed manifest(s) is not received within 90 days of the initial notification.
Short-Term Generator Request Form
For additional questions about notification requirements please contact:
Marjorie Skeens, Environmental Resources Specialist 3
West Virginia Department of Environmental Protection
Division of Water and Waste Management
601 57th St. SE
Charleston, WV 25304
Phone: (304) 926-0499 x43835