Treatment, storage and disposal (TSD) of hazardous waste are the only activities that require a hazardous waste management permit under RCRA. The Hazardous
and Solid Waste Section of the Division of Air Quality (DAQ) regulates combustion sources and those TSD facilities whose activities result in air emissions,
under WV 45CSR25 - "Control of Air Pollution From Hazardous Waste Treatment, Storage and Disposal Facilities." Other TSD facilities such as landfills and
hazardous waste storage areas are permitted and regulated under 33CSR20 - "Hazardous Waste Management System" by the Division of Water and Waste
The processing time for the issuance of a TSD permit varies with the complexity of the facility and the amount of public comment received. On average the
processing time takes approximately 20 to 24 months for combustion units if all steps in the permit application process flowchart are followed correctly.
Permit Modification and Renewals
Hazardous waste air permits expire within 10 years of issuance. Therefore, facilities must submit permit renewal applications in order to continue operating.
These renewal applications ensure continued compliance with the changes in regulatory requirements and technical standards. Renewal applications follow the
same basic procedure as TSD permits.
During the life of the permit, the facility may need to modify their permit due to process changes, technical upgrades to procedures or testing methods, or
changes in the type of equipment. Permit modifications are divided into three classes. Class 1 modifications are for simple changes to the permit, such as
increasing frequency of procedures or reporting. Administrative and informational changes do not require administrative approval. Class 2 and 3 permit
modifications are for more drastic changes, such as increasing emission limits or burning different wastes, and require the Director's prior approval. The
specific definitions and requirements of the permit modification classes are contained in 40CFR270.42.