Notification Requirements

Overview

Section 3010 of Subtitle C of the Resource Conservation and Recovery Act (RCRA) requires any person who generates, transports, or recycles regulated wastes or who owns or operates a facility for the treatment, storage or disposal of regulated wastes to notify EPA of their activities, including the location and general description of the activities and the regulated wastes handled. Respondents must submit the information required by completing the RCRA Subtitle C Site Identification form. Please mail this completed form to the contact person listed on ths page.

Resources

• EPA Form 8700-12: RCRA Subtitle C Site Identification Instructions
• EPA Form 8700-12: Notification of RCRA Subtitle C Form
• RCRA Subtitle C Site Identification Form
• EPA Form 8700-23: Hazardous Waste Part A Permit Instructions
• EPA Form 8700-23: Hazardous Waste Permit A Form
• EPA Form 8700-13: Hazardous Waste Report Form

myRCRAID

The WVDEP has joined the EPA and is now accepting RCRA Subtitle C Applications online. You must first create a MyRCRAID account. Refer to the User's Guide for MyRCRA for more information.

Getting Started with myRCRAID

1. Register to obtain a MyRCRAID Account using the EPA's CDX System.
2. Add the MyRCRAID service to your CDX account.
3. Create a new submission and sign your submission via electronic signature.
4. You will receive a confirmation email when your submission is approved.

myRCRAID Resources

• User's Guide for MyRCRA
• EPA's CDX System

Episodic Generation

A company generating enough waste to be placed in a higher category must notify the DEP via 8700-12 EPA’s Episodic Generator Form (can submit by mail or via MyRCRAInfo and comply with all other regulatory requirements of that category until the waste is removed from the generator’s site.

Examples

Planned episodic event means an episodic event that the generator planned and prepared for, including regular maintenance, tank cleanouts, short-term projects, and removal of excess chemical inventory.

Unplanned episodic event means an episodic event that the generator did not plan or reasonably did not expect to occur, including production process upsets, product recalls, accidental spills, or “acts of nature,” such as tornado, hurricane, or flood.

Learn more about episodic generation...

​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.

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:

1. One-time highway bridge generation
2. Underground storage tank removals
3. Generation of off-specification or out-of-date checmials at a site that normally doesn't generate hazardous waste
4. Remediation or spill clean-up at sites with no previous EPA ID number
5. 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 Resources

• Short-Term Generator Request Form
• dephwnotificaton@wv.gov

  To request short term HW EPA ID number, email dephwnotificaton@wv.gov. ​