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 268 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 268
are also hereby incorporated as part of the Virginia Hazardous Waste Management
Regulations.
B. In all locations in
these regulations where 40 CFR Part 268 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
268.1(e)(3), the term "EPA"
means the United States Environmental Protection Agency.
2. In
40 CFR
268.1(f) and wherever
elsewhere in Title 40 of the Code of Federal Regulations there is a listing of
universal wastes or a listing of hazardous wastes that are the subject of
provisions set out in 40 CFR Part 273 as universal wastes, it shall be amended
by addition of the following sentence: "In addition to the hazardous wastes
listed herein, the term "universal waste" and all lists of universal waste or
waste subject to provisions of 40 CFR Part 273 shall include those hazardous
wastes listed in Part XVI (9VAC20-60-1495
et seq.) of the Virginia Hazardous Waste Management Regulations as universal
wastes, under such terms and requirements as shall therein be
ascribed."
3. In
40 CFR
268.5, 40 CFR 268.6,
40 CFR
268.40(b), 40 CFR 268.42(b),
and
40 CFR
268.44(a) through (m), the
term "Administrator" shall mean the Administrator of the United States
Environmental Protection Agency or his designee, the term "Regional
Administrator" shall mean the Regional Administrator of the United States
Environmental Protection Agency for Region III or his designee, and the term
"EPA" shall mean the United States Environmental Protection Agency.
4. In
40
CFR 268.7(d), the term "EPA
Region or authorized State" shall mean the Commonwealth of Virginia.
5.
40
CFR 268.13 is not included in the
incorporation of 40 CFR Part 268 by reference and is not a part of the Virginia
Hazardous Waste Management Regulations.
6. Any applications or petitions made to the
director or the department in compliance with
40 CFR
268.44 shall comply with procedures of Part
XIV (9VAC20-60-1370 et seq.)
of these regulations.
7. In Subpart
C of 40 CFR Part 268 there are dates on which a provision is or was to begin
and dates on which national capacity variances expires or expired. None of
these dates prior to the effective date of these regulations shall be
incorporated by reference or be a part of the Virginia Hazardous Waste
Management Regulations. Requirements associated with these expired dates shall
be considered to be currently in effect. This exclusion from these regulations
shall not be considered to remove or diminish any responsibility a person has
or had regarding these dates under federal requirements related to the dates or
during the interim following these dates.
Statutory Authority: §
10.1-1402 of the Code of Virginia; 42 USC §
6921 et seq.; 40 CFR Parts 260 through
272.
