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 266 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 a part of 40 CFR Part 266
are also hereby incorporated as part of the Virginia Hazardous Waste Management
Regulations.
B. In all locations in
these regulations where 40 CFR Part 266 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 addition to the requirements of Subpart
C of 40 CFR Part 266, those who generate or transport recyclable materials or
those who own or operate facilities that use or store recyclable materials are
also subject to applicable requirements of Parts IV (9VAC20-60-305 et seq.),
VII (9VAC20-60-420 et seq.), and XII (9VAC20-60-1260 et seq.) of these
regulations if the materials are used in a manner constituting
disposal.
2. In addition to the
requirements of Subpart C of 40 CFR Part 266, those who generate or transport
recyclable materials or those who own or operate facilities that use or store
recyclable materials are also subject to applicable requirements of Parts IV,
VII and XII of these regulations if the recyclable materials are for precious
metals recovery.
3. In addition to
the requirements of Subpart G of 40 CFR Part 266, those who store lead-acid
batteries subject to
40 CFR
266.80(b) are also subject
to the requirements of Parts IV, VII and XII of these regulations.
4. In 40 CFR Part 266, references to 49 CFR
Parts 171 through 180 shall be as 49 CFR Parts 171 through 180 are incorporated
by reference in 9VAC20-110-110.
5.
In
40
CFR 266.506(b)(3)(i),
reference to (i) 40 CFR Part 62, Subpart FFF shall be replaced by 40 CFR Part
62, Subpart VV, which incorporates Article 54 (9VAC5-40-7950 et seq.) of
9VAC5-40; and (ii) 40 CFR Part 60, Subpart Eb shall be as it is incorporated by
reference in Article 5 (9VAC5-50-400 et seq.) of 9VAC5-50.
6. In
40
CFR 266.506(b)(3)(ii),
reference to (i) 40 CFR Part 62, Subpart JJJ shall be replaced by 40 CFR Part
62, Subpart VV, which incorporates Article 46 (9VAC5-40-6550 et seq.) of
9VAC5-40; and (ii) 40 CFR Part 60, Subpart AAAA shall be as it is incorporated
by reference in Article 5 (9VAC5-50-400 et seq.) of 9VAC5-50.
7. In
40
CFR 266.506(b)(3)(iii),
reference to (i) 40 CFR Part 62, Subpart HHH is not applicable in the
Commonwealth of Virginia as there are no affected facilities and a negative
declaration was made in 40 CFR Part 62, Subpart VV; and (ii) 40 CFR Part 60,
Subpart Ec shall be as Subpart Ec is incorporated by reference in Article 5
(9VAC5-50-400 et seq.) of 9VAC5-50.
8. In
40
CFR 266.506(b)(3)(iv),
reference to 40 CFR Part 62, Subpart III shall be replaced by 40 CFR Part 62,
Subpart VV, which incorporates Article 45 (9VAC5-40-6250 et seq.) of 9VAC5-40;
and (ii) 40 CFR Part 60, Subpart CCCC shall be as Subpart CCCC is incorporated
by reference in Article 5 (9VAC5-50-400 et seq.) of 9VAC5-50.
9. In
40
CFR 266.506(b)(3)(v),
reference to 40 CFR Part 63, Subpart EEE shall be as Subpart EEE is
incorporated by reference in Article 2 (9VAC5-60-90 et seq.) of
9VAC5-60.
Statutory Authority: §
10.1-1402 of the Code of Virginia; 42 USC §
6921 et seq.; 40 CFR Parts 260 through
272.
