Current through Register Vol. 41, No. 3, September 23, 2024
A. Except as otherwise provided, the
regulations of the United States Environmental Protection Agency set forth in
40 CFR Part 262 are hereby incorporated as part of the Virginia Hazardous Waste
Management Regulations. Except as otherwise provided, all material definitions,
reference materials, and other ancillaries that are parts of 40 CFR Part 262
are also hereby incorporated as parts of the Virginia Hazardous Waste
Management Regulations.
B. In all
locations in these regulations where 40 CFR Part 262 is incorporated by
reference, the following additions, modifications, and exceptions shall amend
the incorporated text for the purpose of its incorporation into these
regulations:
1. In
40 CFR
262.42(a)(2), the words "for
the Region in which the generator is located" is deleted from the incorporated
text and is not a part of these regulations.
2. In
40
CFR 262.18 and 40 CFR 262 Subpart H, the term
"Administrator" shall mean the Administrator of the United States Environmental
Protection Agency or his designee.
3. In
40
CFR 262.18 and 40 CFR 262 Subpart H, the term
"Regional Administrator" shall mean the Regional Administrator of Region III of
the United States Environmental Protection Agency or his designee.
4. For accumulation areas established after
March 1, 1988, a large quantity generator shall notify the department and
document in the operating record that he intends to accumulate hazardous waste
in accordance with
40
CFR 262.17 prior to or immediately upon the
establishment of each 90-day accumulation area. In the case of a new large
quantity generator who creates such accumulation areas after March 1, 1988, he
shall notify the department at the time the generator files the Notification of
Hazardous Waste Activity EPA Form 8700-12 that he intends to accumulate
hazardous waste in accordance with
40
CFR 262.18. This notification shall specify
the exact location of the 90-day accumulation area at the site.
5. In addition to the requirements in 40 CFR
Part 262, management of hazardous wastes is required to comply with the
Regulations Governing the Transportation of Hazardous Materials (9VAC20-110),
including packaging and labeling for transport.
6. A generator shall not offer his hazardous
waste to a transporter that has not received an EPA identification number or to
a facility that has not received a permit and an EPA identification
number.
7. In
40 CFR
262.24, 40 CFR 262.25, and 40 CFR Part 262,
Subpart H, the terms "EPA" and "Environmental Protection Agency" shall mean the
United States Environmental Protection Agency.
8. In addition to the requirements of this
section, large quantity generators are required to pay an annual fee. The fee
schedule and fee regulations are contained in Part XII (9VAC20-60-1260
through
9VAC20-60-1286
) of this chapter.
9. Within
40 CFR
262.24, the reference to "system" means the
United States Environmental Protection Agency's national electronic manifest
system.
10. Regardless of the
provisions of
9VAC20-60-18,
the requirements of
40 CFR
262.24(g) are not
incorporated into this chapter.
11.
In
40 CFR
262.11(c) and 40 CFR
262.11(d), the term "Administrator" shall mean the Administrator of the United
States Environmental Protection Agency.
12. No hazardous waste from a very small
quantity generator shall be managed as described in
40 CFR
262.14(a)(5)(iv) or 40 CFR
262.14(a)(5)(v) unless such waste management is in full compliance with all
requirements of the Solid Waste Management Regulations (9VAC20-81).
13. In 40 CFR 262 Subpart H, the term
"Administrator" shall mean the Administrator of the United States Environmental
Protection Agency.
Statutory Authority: §
10.1-1402 of the Code of Virginia; 42 USC §
6921 et seq.; 40 CFR Parts 260 through
272.
