,

APPENDIXS

WV PUBLIC SERVICE COMMISSIONRULE

WV 150 CSR 11

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TITLE 150LEGISLATIVE RULE

PUBLIC SERVICE COMMISSION

SERIES 11RULES AND REGULATIONS GOVERNING THE TRANSPORTATION OF

HAZARDOUS WASTE BY RAIL

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§150-11-1. General.

1.1. Scope. -- These regulations apply to allrail transporters who transport hazardous waste,universal waste, or used oil within or through theState of West Virginia.

1.2. Authority. -- W. Va. Code §22-18-7(b).

1.3. Filing Date. -- September 8, 1999.

lA. Effective Date. -- November 8,1999.

1.5. The definition of terms used in theserules shall have the meaning ascribed to them in.the rules of the Division of EnvironmentalProtection's Office of Waste Managementimplementing the Hazardous Waste ManagementAct, 33 CSR 20.

1.6. These regulations do not apply to on-sitemovements of hazardous waste by generators orby owners and/or operations of authorizedhazardous waste management facilities.

1.7. Transportation of hazardous wasteshipments which originate, terminate or occurentirely within the State of West Virginia shallcomply with allof these rules. Transportation ofhazardous waste shipments originating andterminating outside of West Virginia shall complywith sections 1.8., 1.10.,2.,3.,4. and 5. of theserules while in West Virginia.

1.8. A transporter of hazardous waste whotransports hazardous waste into the United Statesfrom abroad or who mixes hazardous wastes ofdifferent DOT shipping descriptions by placingthem into a single container must also complywith the standards applicable to generators ofhazardous waste contained in Section 5 of therules of the West Virginia Division of

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Environmental Protection (DEP) implementingthe Hazardous Waste Management Act. Title 33of the Legislative Rules, Division ofEnvironmental Protection, Office of WasteManagement, Series 20.

1.9. These rules are promulgated by thePublic Service Commission of West Virginia andadministered by the Railroad Safety Division ofthe Public Service Commission of West Virginia.Questions regarding these rules may be addressedto the Railroad Safety Division, Public ServiceCommission of West Virginia, 201 Brooks Street,Post Office Box 812, Charleston, West Virginia25323; Telephone: (304)340-0474.

1.10. All transporters in the State mustcontact the Division of Environmental Protectionand obtain an EPA Identification Number fromthe State before they accept hazardous waste fortransport.

1.11. A transporter who stores manifestedshipments of hazardous waste in containersmeeting the requirements of Section 50f 33 CSR20 at a transfer facility as defined in Section 2 of33 CSR 20 for a period of ten days or less is notsubject to regulation under Sections 7,8, 10 and11 of 33 CSR 20 with respect to storage of thosewastes.

1.12. Transportation of universal wasteshipments shall comply with Section 8 of theserules.

1.13. Transportation of used oil shall complywith Section 9 of these rules.

1.14.

1.14.1. These regulations do not apply totransportation during an explosives or munitions

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emergency response, conducted in accordancewith 40 CFR 264. 1(g)(8)(i)(D) or (iv), asincorporated by reference in Section 7, or 40 CFR265.1(c)(lI)(i)(D) or (iv), as incorporated byreference in Section 8, and 40 CFR270.1(c)(3)(i)(D) or (iii), as incorporated byreference in Section 11 of the Division ofEnvironmental Protection's Office of WasteManagement rules implementing the HazardousWaste Management Act. (33 CSR 20).

1.14.2. Section 10 of these rulesidentifies how the requirements of Sections 1through 7 of these rules apply to militarymunitions classified as solid waste under 40 CFR266.202, as incorporated by reference in Section9 of 33 CSR 20.

§150-11-2. The Manifest System.

2.1.

2.1.1. A rail carner may not accepthazardous waste from a generator unless it is.accompanied by a manifest signed by thegenerator in accordance with Section 5 of therules of the West Virginia Division ofEnvironmental Protection implementing theHazardous Waste Management Act. (Title 33 ofthe Legislative Rules, Division of EnvironmentalProtection, Office of Waste Management, Series20.) .

2.1.2. Before transporting the hazardouswaste, the rail carriers must sign and date themanifest acknowledging acceptance of thehazardous waste from the generator. Thetransporter must return a signed copy to thegenerator before leaving the generator's property.

2.2. When accepting hazardous waste from anon-rail transporter, the rail carrier must:

2.2.1. Sign and date the manifestacknowledging acceptance of the hazardouswaste.

2.2.2. Return a signed copy of themanifest to the non-rail transporter.

,2.2.3. Forward at least three (3) copies of

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the manifest to.,

a. The next non-rail transporter, ifany; or

b. The designated facility, if theshipment is to be delivered to that facility by rail;or

c. The last rail carrier to handle thewaste in the United States.

2.2.4. Retain one copy of the manifestand rail shipping papers in accordance withSection 3. below.

2.3. Rail carriers must ensure that a shippingpaper containing all information required on themanifest including the "EPA Acknowledgment ofConsent" for waste being exported from the U.S.(excluding the EPA identification number,generator certification, and signatures)accompanies the hazardous waste at all times.

2.4. When delivering hazardous waste to thedesignated facility, a rail carrier must:

2.4.1. Obtain the date of delivery andhandwritten signatures of the owner or operator ofthe designated facility on the manifest, or theshipping paper if the manifest has not yet beenreceived by the facility; and

2.4.2. Retain a copy of the manifest orsigned shipping paper in accordance with Section3. below.

2.5. When delivering hazardous waste to anon-rail transporter a rail carrier must:

2.5.1. Obtain the date of delivery and thehandwritten signature of the non-rail transporteron the manifest; and

2.5.2. Retain a copy of the manifest In

accordance with Section 3. below.

2.6.

2.6.1. The rail carrier must deliver theentire quantity of hazardous waste which he has

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accepted from a generator or another transporterto:

a. The designated facility listed onthe manifest; or

b. The alternate designated facility, ifthe hazardous waste cannot be delivered to thedesignated facility because an emergency preventsdelivery; or

2.8.2. The transporter records, on a log orshipping paper, the following information for eachshipment:

a. The name, address, and U.S. EPAIdentification Number of the generator of thewaste;

b. The quantity of waste accepted;

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c. The next designated transporter.c.

information;All DOT-required shipping

d. The place outside the United Statesdesignated by the generator.

2.6.2. If the hazardous waste cannot bedelivered in accordance with paragraph 2.6.1.above, the rail carrier must contact the generatorfor further directions and must revise the manifestaccording to the generator's instructions.

2.7. Transporters who transport hazardouswaste out of the United States must:

2.7.1. Indicate on the manifest the datethe hazardous waste left the United States;

2.7.2. Sign the manifest and retain onecopy in accordance with Section 3.1.;

2.7.3. Return a signed copy of themanifest to the generator; and

2.7.4. Provide a copy of the requiredmanifest to the U.S. Customs Office at the pointof departure from the United States.

2.8. A transporter transporting hazardouswaste from a generator who generates greater than100 kilograms but less than 1000 kilograms ofhazardous waste in a calendar month need notcomply with the requirements of 2.1 through 2.5and 2.7 of this section or those of section 150-11­3 provided that:

2.8.1. The waste is being transportedpursuant to a reclamation agreement as providedin 40 CFR §262.20(e) as incorporated byreference in Section 5 of the West VirginiaDivision of Environmental Protection (DEP).

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d. The date the waste is accepted.

2.8.3. The transporter carries this recordwhen transporting waste to the reclamationfacility.

2.8.4. The transporter retains theserecords for a period of at least three years aftertermination or expiration of the agreement.

§150-11-3. Recordkeeping.

3.1. For shipments by rail within the UnitedStates, the initial transporter of hazardous wastemust keep a copy of the manifest and shippingpaper containing all information required mSection 2.3. for a period of three years from thedate the hazardous waste was accepted by theinitial transporter.

3.2. For shipments by rail within the UnitedStates, the final rail transporter must keep a copyof the signed manifest, or the shipping paper Ifsigned by the designated facility in lieu of themanifest, for a period of three years from the datethe hazardous waste was accepted by the initialtransporter.

3.3. A rail carrier who transports hazardouswaste out of the United States must keep a copyof the manifest indicating that the hazardouswaste left the United States for a period of threeyears from the date the hazardous waste wasaccepted by the initial transporter.

3.4. The periods ofrecord retention referredto above are extended automatically during thecourse of any unresolved enforcement action

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regarding the regulated activity or as required bythe Commission. .

§150-11-4. Labeling.

4.1. All rail cars transporting hazardouswaste shall be so marked in accordance with theapplicable provisions of the hazardous materialregulations contained in 49 CFR 172.

4.2. A rail transporter shall not acceptpackaged containers of hazardous waste forshipment unless all labeling and packagingrequirements of these regulations have been met.

§150-11-5. Discharges.

5.1. In the event of a discharge of hazardouswaste during transportation, the rail transportermust take appropriate immediate action to protecthuman health and the environment. (e.g. notifylocal authorities, in the discharge area). Anydischarges shall be primarily the responsibility ofthe rail carriers.

5.2. .Ifa discharge of hazardous waste occursduring rail.transportation, and an official (State orFederal Agency) acting within the scope of hisofficial responsibilities determines that theimmediate removal, of the waste is necessary toprotect human health or the environment, thatofficial may authorize removal of the waste bytransporters who do not have EPA identificationnumbers and without the preparation of amanifest.

5.3.

5.3.1. At the earliest practical moment, arail transporter must give notice of a discharge to:

a. The Railroad Safety Division ofthe Public Service Commission of West Virginia,201 Brooks Street, Post Office Box 812,Charleston, West Virginia, 25323; Telephone(304)340-0474.

b. The West Virginia Division ofEnvironmental Protection, EnvironmentalEnforcement at 1-800-642-3074.

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c. The National Response Center, 1­800-424-8802 or 1-202-426-2675, but only if:

A. A person is killed; or

B. A person receives injuriesrequiring hospitalization; or

C. Total property damage fromthe discharge exceeds fifty thousand dollars($50,000); or

D. The discharge involvesradioactive waste and/or materials; or

E. The discharge involvesshipment of etiologic agents; or

F. An evacuation of the generalpublic occurs lasting one or more hours; or .

G. One or more majortransportation arteries or facilities are closed orshut down for one hour or more; or

H. The operational flight patternor routine of an aircraft is altered; or

I. Fire breakage, spillage orsuspected radioactive contamination occursinvolving shipment of radioactive material; or

J. Fire breakage, spillage orsuspected contamination occurs involvingshipment of etiologic agents; or

K. There has been a release of amarine pollutant in a quantity exceeding 450 L(119 gallons) for liquids or 400 Kg (882 pounds)for solids; or

L. The situation, in the judgmentof the carrier, should be reported. (e.g., acontinuing danger to life exists at the scene of theincident).

5.3.2. The notice shall contain thefollowing information:

a. Name of reporter;

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§150-11-7, Variances.

7.1. The Commission may grant a variancefrom one or more of the specific provisions of (these regulations upon written application fromany person who IS subject to these regulations.

6.3. Persons desiring to call to the attentionof the Commission amendments to the federalSolid Waste Disposal Act, as amended,regulations promulgated pursuant thereto, oramendments to the rules and regulations of otherState agencies promulgated pursuant to theprovisions of the state Hazardous WasteManagement Act, may do so by filing a noticewith the Commission identifying the amendmentwhich has been made to the federal Solid WasteDisposal Act, as amended, regulationspromulgated pursuant thereto, or rules andregulations of other State agencies pursuant to thestate Hazardous Waste Management Act. andidentifying the provisions of these regulationswhich such person believes should be amended.

6.2. Whenever there shall be an amendmentof the federal Solid Waste Disposal Act, asamended, or the adoption or revision of rules andregulations required to be promulgated by thefederal Solid Waste Disposal Act, as amended, oramendments to the rules and regulations of otherState agencies promulgated pursuant to theprovisions of the : state Hazardous WasteManagement Act, which amendments create aneed for the revision of these regulationsconsistent with the discussion set forth in Section6.1 of these regulations, the Commission shallwithin 30 days of the effective date of suchamendment initiate such action as may benecessary under the provisions of Chapter 24,Article 1, and Chapter 22, Article 18 of the West (Virginia Code, to amend these regulations at the "-earliest practicable date.

(regulations are.properly placed into effect underState law; and

6.1.4. the requirements of the stateHazardous Waste Management Act are otherwisesatisfied, the Commission shall revise theseregulations in accordance with the procedures setforth in Section 6.2., as necessary.

b. Name and address of transporter;

d. Date, time and location of

e. Extent of injuries, if any;

c. Phone number where reporter canbe reached;

discharge;

5.4. Within thirty (30) calendar days of thedate of discovery of the discharge of any quantityof hazardous waste, the rail transporter shall filea written report, as specified in 49 CFR 171.16 theUnited States Department of Transportation.

6.1. For the purpose ofassuring that:

6.1.1. these regulations are consistentwith the regulations of the United StatesEnvironmental Protection Agency adoptedpursuant to the federal Solid Waste Disposal Act,as amended; .

f. Type and quantity of hazardouswaste involved, if available; and

6.1.3. changes in the regulations of theUnited States Environmental Protection Agencywhich have been adopted by reference in these

g. Description of incident andwhether a continuing danger to life exists at thescene.

5.5. A rail transporter shall clean up any.hazardous waste discharge that occurs duringtransportation or take such action as may berequired or approved by Federal, State or localofficials so that the hazardous waste discharge nolonger presents a hazard to human health or theenvironment.

6.1.2. the State Hazardous WasteManagement Program is equivalent to andconsistent with the federal Hazardous WasteManagement Program adopted pursuant toSubtitle C of the federal Solid Waste DisposalAct, as amended;

§150-11-6. Revisions to Regulations.

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7.3. The Commission may not grant anyvariance which would result in requirementswhich are any less strict than the applicablefederal law or regulations.

§150-11-8. Standards for Universal WasteTransporters.

8.3.2. Some universal waste materials areregulated by the Department of Transportation ashazardous materials because they meet the criteriafor one or more hazard classes specified in 49CFR 173.2. As universal waste shipments do notrequire a manifest under 40 CFR 262, they maynot be described by the DOT proper shippingname "hazardous waste, (1) or (s), n.o.s.", nor maythe hazardous material's proper shipping name bemodified by adding the word "waste".

8.4. Storage time limits.

8.4.1. A universal waste transporter mayonly store the universal waste at a universal wastetransfer facility for ten days or less

8.3. Waste Management

8~2.1 Prohibited from disposing ofuniversal waste; and

8.2.2 Prohibited from diluting or treatinguniversal waste, except- by responding to releasesas provided in 40 CFR 273.54, as incorporated byreference in Section 13 of 33 CSR 20.

8.1. Applicability. This Section applies topersons engaged in the off-site transportation byrail of universal waste (as defined in 40 CFR273.6, as incorporated by reference in Section 13of 33 CSR 20).

8.5.2. A universal waste transporter mustdetermine whether any material resulting from therelease is hazardous waste, and if so, it is subjectto all applicable requirements of Sections 1through 7 of these regulations and the WestVirginia Division of Environmental ProtectionRules implementing the Hazardous WasteManagement Act (33 CSR 20). If the waste IS

determined to be a hazardous waste, the trnsporteris subject to Section 5 of 33 CSR 20.

8.6.2. If the universal waste beingshipped off-site meets the Department of

8.6.1. A universal waste transporter isprohibited from transporting the universal wasteto a place other than a universal waste handler. adestination facility, or a foreign destination.

8.6. Off-site shipments.

8.5.1. A universal waste transporter mustimmediately contain all releases of universalwastes and other residues from universal wastes.

8.5. Response to releases.

8.4.2. If a universal waste transporterstores universal waste for more than ten days, thetransporter becomes a universal waste handler andmust comply with the applicable requirements of40 CFR Part 273, Subparts Band C, asincorporated by reference in Section 13 of 33 CSR20 while storing the universal waste.A universal waste.8.2. Prohibitions.

transporter is:

8.3.1. A universal waste transporter mustcomply with all applicable U.S. Department ofTransportation regulations in 49 CFR Part 171through 180 for transport of any universal wastethat meets the definition of hazardous material in49 CFR 171.8. For purposes of the Department ofTransportation regulations, a material IS

considered a hazardous waste if it is subject to theHazardous Waste Manifest Requirements of theU.S. Environmental Protection Agency specifiedin 40 CFR Part 262. Because universal wastedoes not require a hazardous waste manifest, it isnot considered a hazardous waste under theDepartment of Transportation regulations.

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Transportation's definition ofhazardous materialsunder 49 CFR 171.8, the shipment must beproperly described on a shipping paper inaccordance with the applicable Department ofTransportation regulations under 49 CFR Part172.

8.7. Exports. A universal waste transportertransporting a shipment of universal waste to aforeign destination other than to those OECDcountries specified in 40 CFR 262.58(a)(1) (inwhich case the transporter is subject to therequirements of 40 CFR Part 262, Subpart H) maynot accept a shipment if the transporter knows theshipment does not conform to the EPAAcknowledgment of Consent. In addition thetransporter must ensure that:

8.7.1. A copy of the. EPAAcknowledgment of Consent accompanies theshipment; and

8.7.2. The shipment is delivered to thefacility designated by the person initiating the.shipment.

§150-11-9. Standards for Used OilTransporters.

9.1. Applicability

9.1.1. General. Except as provided inparagraphs 9. 1.La through 9.1.1.d, this sectionapplies to all used oil rail transporters.

a. This section does not apply to on­site transportation.

b. This section does not apply togenerators who transport shipments of used oiltotaling 55 gallons or less from the generator to aused oil collection center as specified in 40 CFR279.24(a), as incorporated by reference at Section14 of 33 CSR 20.

c. This section does not apply togenerators who transport shipments of used oiltotaling 55 gallons or less from the generator to aused oil aggregation point owned or operated bythe same generator as specified in 40 CFR279.24(b), as incorporated by reference in Section

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14 of 33 CSR 2.0.

d. This section does not apply totransportation of used oil from household do-it­yourse1fers to a regulated used oil generator,collection center, aggregation point, processor/re­refiner, or burner subject to the requirements ofSection 14 of33 CSR 20. Except as provided inparagraphs 9.1.1.a through 9.1.1.c, this sectiondoes, however, apply to transportation ofcollected household do-it-yourselfer used oil fromregulated used oil generators, collection centers,aggregation points, or other facilities wherehousehold do-it-yourselfer used oil is collected.

9.2. Imports and exports. Transporters whoimport used oil from abroad or export used oiloutside of the United States are subject to therequirements of this section from the time theused oil enters and until the time it exits theUnited States.

9.3. Other applicable provisions. Used oiltransporters who conduct the following activitiesare also subject to applicable provisions ofSection 14 of 33 CSR 20 as indicated in rules9.3.1. through 9.3.5. below:

9.3.1. Transporters who generate used oilmust also comply with 40 CFR Part 279. SubpartC, as incorporated by reference in Section 14 of33 CSR 20.

9.3.2. Transporters who process or re­refine used oil, except as provided in Section 9.4.must also comply with 40 CFR Part 279, SubpartF, as incorporated by reference in Section 14 of33 CSR 20.

9.3.3. Transporters who bum off-specification used oil for energy recovery mustalso comply with 40 CFR Part 279, Subpart G. asincorporated by reference in Section 14 of 33 CSR20.

9.3.4. Transporters who direct shipmentsof off-specification used oil from their facility toa used oil burner or first claim that used oil that IS

to be burned for energy recovery meets the usedoil fuel specifications set forth in 40 CFR 279.11.as incorporated by reference in Section 14 0 f 33

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CSR must also comply with 40 CFR Part 279,Subpart H, as incorporated by reference in Section14 of 33 CSR 20.

9.3.5. Transporters who dispose of usedoil, including the use of used oil as a dustsuppressant must also comply with 40 CFR Part279, Subpart I, as incorporated by reference inSection 14 of 33 CSR 20.

, 9.4. Restrictions on transporters who are notalso processors or re-refiners.

9.4.1. Used oil transporters mayconsolidate or aggregate loads of used oil forpurposes of transportation. However, except asprovided in Rule 9.4:2, used oil transporters maynot process used oil unless they also comply withthe requirements for processors/re-refiners in 40CFR Part 279, Subpart F, as incorporated byreference in Section 14 of 33 CSR 20.

9.4.2. Transporters may conductincidental processing operations that occur in thenormal course of used oil transportation (e.g.;settling and water separation), but that are notdesigned to produce' (or make more amenable forproduction of) used oil derived products unlessthey also comply with the processor/re-refinerrequirements in 40 CFR Part 279, Subpart F, asincorporated by reference in Section 14 of33 CSR20.

9.4.3. Transporters of used oil that isremoved from oil bearing electrical transformersand turbines and filtered by the transporter priorto being returned to its original use are not subjectto the processor/re-refiner requirements in 40CFR Part 279, Subpart F, as incorporated byreference in Section 14 or 33 CSR 20.

9.5. Notification

9.5.1. Identification numbers. Used oiltransporters who have not previously compliedwith the notification requirements of Section 4 of33 CSR 20 must comply with those requirementsand obtain an EPA identification number

9.5.2. Mechanics of notification. A used

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oil transporter.who has not received an EPAidentification number may obtain one by notifyingthe Chief of the Office of Waste Management oftheir used oil activity by submitting either:

a. A completed EPA Form 8700-12(To obtain ordering information for EPA Form8700-12 call RCRAISuperfund Hotline at 1-800­424-9346 or 703-920-9810); or

b. A letter requesting an EPAidentification number. The letter should includethe following information:

A. Transporter company name;

B. Owner of the transportercompany;

C. Mailing address for thetransporter;

D. Name and telephone numberfor the transporter point of contact;

E. Type of transport activity (i.e.,transport only, transport and transfer facility,transfer facility only);

F. Location of all transferfacilities at which used oil is stored;

G. Name and telephone numberfor a contact at each transfer facility.

9.6. Used oil transportation

9.6.1. Deliveries. A used oiltransporter must deliver all used oil received to:

a.. Another used oil transporter,provided that the transporter has obtained an EPAidentification number;

b. A used oil processing/re-refinerfacility who has obtained an EPA identificationnumber;

c. An off-specification used oilburner facility who has obtained an EPAidentification number; or

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d. An on-specification used oilburner facility.

9.7. Rebuttable presumption for used oil. (

9.6.2. DOT Requirements. Used oiltransporters must comply with all applicablerequirements under the U.S. Department ofTransportation regulations in 49 CFR Parts 171through 180. Persons transporting used oil thatmeets the definition of a hazardous material in 49CFR 171.8 must comply with all applicableregulations in 49 CFR Parts 171 through 180.

9.6.3. Used oil discharges.

a. In the event of a discharge of usedoil during transportation, the transporter must takeappropriate immediate action to protect humanhealth and the environment (e.g., notify localauthorities, dike the discharge area).

b. If a discharge of used oil occursduring transportation and an official (State orlocal government or a Federal Agency) actingwithin ;the scope of official responsibilities.determines that immediate removal of the used oilis necessary to protect human health or theenvironment, that official may authorize theremoval of the used oil by transporters who do nothave EPA identification numbers.

c. A rail transporter who hasdischarged used oil must:

A. Give notice, if required by 49CFR 171.15 to the National Response Center(800-424-8802 or 202-426-2675); and

B. Report in writing as requiredby 49 CFR 171.16 to the Director, Office ofHazardous Materials Regulations, MaterialsTransportation Bureau, Department ofTrnsportation, Washington, DC 20590.

d. A transporter must clean up anyused oil discharged that occurs duringtransportation or take such action as may berequired or approved by 'federal, state, or localofficials so that the used oil discharge no longerpresents a hazard to human health or theenvironment.

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9.7.1. To ensure that used oil is not ahazardous waste under the rebuttable presumptionof 40 CFR 279.1O(b)(1)(ii), as incorporated byreference in Section 14 of 33 CSR 20, the used oiltransporter must determine whether the totalhalogen content of used oil being transported isabove or below r,OOOppm.

9.7.2. The transporter must make thisdetermination by:

a. Testing the used oil; or

b. Applying knowledge of thehalogen content of the used oil in light of thematerials or processes used.

9.7.3. If the used oil contains greater thanor equal to 1,000 ppm total halogens, it ispresumed to be a hazardous waste because it hasbeen mixed with halogenated hazardous wastelisted in 40 CFR Part 261, Subpart 0, asincorporated by reference in Section 3 of 33 CSR20. The owner or operator may rebut thepresumption by demonstrating that the used oildoes not contain hazardous waste (for example,by using an analytical method from SW-846,Edition III, to show that the used oil does notcontain significant concentrations of halogenatedhazardous constituents listed in Appendix VIII of49 CFR Part 261, as incorporated by reference inSection 3 of 33 CSR 20). EPA Publication SW­846, Third Edition, is available from theGovernment Printing Office, Superintendent ofDocuments, P.O. Box 371954, Pittsburgh, PA15250-7954. (202) 512-1800 (document number955-00 1-00000-1 ).

a.The rebuttable presumption doesnot apply to metalworking oils/fluids containingchlorinated paraffins, if they are processed,through a tolling arrangement as described in 40CFR 279.24(c), as incorporated by reference inSection 14 of 33 CSR 20, to reclaimmetalworking oils/fluids. The presumption doesapply to metalworking oils/fluids if suchoilsltluids are recycled in any other manner, ordisposed.

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b. The rebuttable presumption doesnot apply to used oils contaminated withchlorofluorocarbons (CFCs) removed fromrefrigeration units if the CFC care destined forreclamation. The rebuttable presumption doesapply to used oils contaminated with CFCs thathave been mixed with used oil from sources otherthan refrigeration units.

9.7.4. Record retention. Records ofanalyses conducted or information used to complywith Rules 9.7.1, 9.7.2, and 9.7.3 must bemaintained by the transporter for at least 3 years.

9.8. Tracking.

9.8.1. Acceptance. Used oil transportersmust keep a record of each used oil shipmentaccepted for transport. Records for each shipmentmust include:

a. The name and address of thegenerator, transporter, or processor/re-refiner whoprovided the used oil for transport;

b. The EPA identification number (ifapplicable) of the generator, transporter, orprocessor/re-refiner who provided the used oil fortransport;

c. The quantity of used oil accepted;

d. The date of acceptance; and

e. A. Except as provided In

paragraph 9.8.1.e.B., the signature, dated uponreceipt of the used oil, of a representative of thegenerator, transporter, or processor/re-refiner whoprovided the used oil for transport.

B. Intermediate rail transportersare not required to sign the record of acceptance.

9.8.2. Deliveries. Used oil transportersmust keep a record of each shipment of used oilthat is delivered to another used oil transporter, orto a used oil burner, processor/re-refiner, ordisposal facility. Records of each delivery mustinclude:

a. The name and address of the

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receiving facility or transporter;

b. The EPA identification number ofthe receiving facility or transporter;

c. The quantity of used oil delivered;

d. The date of delivery;

e. A Except as provided in paragraph9.8.2.e.B, the signature, dated upon receipt of theused oil, of a representative of the receivingfacility or transporter.

B. Intermediate rail transportersare not required to sign the record of delivery.

9.8.3. Exports of used oil. Used oiltransporters must maintain the records describedin paragraphs 9.8.2.a through 9.8.2.d for eachshipment of used oil exported to any foreigncountry.

9.9.4. Record retention. The recordsdescribed in Rules 9.8.1, 9.8.2, and 9.8.3 must bemaintained for at least three years.

9.9. Management of residues. Transporterswho generate residues from the storage ortransport of used oil must manage the residues asspecified in 40 CFR 279.10(e), as incorporated byreference in Section 14 or 33 CSR 20.

§150-11-10. Standards Applicable to theTransportation of Solid Waste MilitaryMunitions.

10.1. Unless otherwise specified in thissection, all applicable requirements in Sections 1through 7 of these regulations and the WestVirginia Division 'of Environmental ProtectionsRules implementing the Hazardous WasteManagement Act (33 CSR 20) apply to wastemilitary munitions.

10.2. Criteria for hazardous waste regulationof waste non-chemical military munitions In

transportation.

10.2.1. Waste military munitions that arebeing transported and that exhibit a hazardous

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waste cha~acteristic or are listed as hazardouswaste under Section 3 of 33 CSR 20, are listed oridentified as a hazardous waste (and thus aresubject to regulation under Sections 1 through 7of these regulations and West Virginia Division ofEnvironmental Protection Rules implementing theHazardous Management Act (33 CSR 20), unlessall the following conditions are met:

a. The waste military munitions arenot chemical agents or chemical munitions;

b. The waste military munitions mustbe transported in accordance with the Departmentof Defense shipping controls applicable to thetransport of military munitions;

c. The waste military munitions mustbe transported from a military owned or operatedinstallation to a military owned or operatedtreatment, storage, or disposal facility; and

d. The transporter of the waste mustprovide oral notice to the Railroad Safety Section.of the Public Service Commission of WestVirginia within 24 hours from the time thetransporter becomes aware of any loss or theft ofthe waste military munitions, or any failure tomeet a condition of Rule 10.2.1 that mayendanger health or the environment. In addition,a written submission describing the circumstancesshall be provided within 5 days from the time thetransporter becomes aware of any loss or theft ofthe waste military munitions or any failure tomeet a condition of Rule 10.2.1.'

10.2.2. If any waste military munitionsshipped under Rule 10.2.1. are not received by thereceiving facility within 45 days of the day thewaste was shipped, the owner or operator of thereceiving facility must report this non receipt tothe Director within 5 days.

10.2.3. The exemption in Rule 10.2.1from regulation as hazardous waste shall applyonly to the transportation of non-chemical wastemilitary munitions. It does not affect theregulatory status of waste military munitions ashazardous wastes with regard to storage, treatmentor disposal.

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10.2.4. The conditional exemption in ('Rule 10.2.1 applies only so long as all of theconditions in Rule 10.2.1 are met.

10.3. Reinstatement of exemption. If anywaste military munition loses its exemption underRule 10.2.1, an application may be filed with theRailroad Safety Section of the Public ServiceCommission ofWest Virginia for reinstatement ofthe exemption from hazardous wastetransportation regulation with respect to suchmunition as soon as the munition is returned tocompliance with the conditions of Rule 10.2.1. Ifthe Railroad Safety Section finds thatreinstatement of the exemption is appropriatebased on factors such as the transporter'sprovision of a satisfactory explanation of thecircumstances of the violation, or a demonstrationthat the violations are not likely to recur, theRailroad Safety Section may reinstate the.exemption under Rule 10.2.1. If the RailroadSafety Section does not take action on thereinstatement application within 60 days afterreceipt of the application, then reinstatement shallbe deemed granted, retroactive to the date of the (.application. However, the Railroad SafetySection may terminate a conditional exemptionreinstated by default in the preceding sentence ifthe Railroad Safety Section finds thatreinstatement is inappropriate based on Jactorssuch as the transporter's failure to provide asatisfactory explanation of the circumstances ofthe violation, or failure to demonstrate that theviolations are not likely to recur. In reinstatingthe exemption under Rule 10.2.1, the RailroadSafety Section may specify additional conditionsas are necessary to ensure and document propertransportation to protect human health and theenvironment.

10.4. Amendment to DOD shipping controls.The Department of Defense shipping controlsapplicable to the transport of military munitionsreferenced in paragraph 10.2.1.b. are GovernmentBill of Lading (GBL) (GSA Standard Form 1109),requisition tracking form DO Form 1348. theSignature and Talley Record (DO Form 1907),Special Instructions for Motor Vehicle Drivers(DO Form 836), and the Motor Vehicle Inspection (Report (DD Form 626) in effect on November 8.1995, except as provided in the following

(

(

150CSRll

sentence. Any amendments to the Department ofDefense shipping controls shall become effectivefor purposes of Rule 10.2.1 on the date theDepartment of Defense publishes notice in theFEDERAL REGISTER that the shipping controlsreferenced in paragraph 10.2.1b have beenamended.

10.5. Standards applicable to emergencyresponses. Explosives and munitions emergenciesinvolving military munitions or explosives aresubject to Rule 1.13.1 of these regulations.

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