Current through Register Vol. 41, No. 3, September 23, 2024
A. General.
1. Each application for a new or renewed
permit and each application for a modification to a permit is a separate action
and shall be assessed a separate fee. The amount of such fees is determined on
the basis of this section.
2. The
amount of the permit application fee is based on the costs directly associated
with the permitting program required by Parts III (9VAC20-60-270 et seq.) and VII
(9VAC20-60-420 et seq.) of this
chapter and includes costs for personnel and contractual effort and the
prorated costs of supplies, equipment, communications and office space. The fee
schedules are shown in
9VAC20-60-1285.
B. New HWM facility permits.
1. All applicants for new or renewed
hazardous waste treatment, storage, and disposal facility permits are assessed
a base fee shown in
9VAC20-60-1285 A.
2. Applicants for a facility permit that
includes one or more of the hazardous waste treatment, storage or disposal
units or processes that require groundwater protection or corrective action for
solid waste management units in accordance with Subpart F of 40 CFR Part 264,
Subpart K of 40 CFR Part 264, Subpart L of 40 CFR Part 264, Subpart M of 40 CFR
Part 264, and Subpart N of 40 CFR Part 264, as applicable, ("land-based TSD
units") are assessed a supplementary fee shown in
9VAC20-60-1285 A, in addition to
the base fee specified in subdivision 1 of this subsection and any other
supplementary fee that may be appropriate.
3. Applicants for a facility permit that
includes one or more hazardous waste incineration, boiler, or industrial
furnace units or processes regulated in accordance with Subpart O of 40 CFR
Part 264 are assessed a supplementary fee shown in
9VAC20-60-1285 A, in addition to
the base fee specified in subdivision 1 of this subsection and any other
supplementary fee that may be appropriate.
4. Applicants for a facility permit for
storage of hazardous wastes in containers, tanks or drip pads, or both, subject
to Subpart I of 40 CFR Part 264, Subpart J of 40 CFR Part 264, and Subpart W of
40 CFR Part 264 will not be assessed any supplementary fees unless required to
close and perform post-closure care as landfills as provided for in
40 CFR
264.197(b) and
40 CFR
264.571(b).
C. Modifications to existing HWM
facility permits.
1. Except as provided for in
subsection E of this section, all applicants for a modification of an existing
HWM facility permit are assessed a modification base fee shown in
9VAC20-60-1285 B.
2. Applicants for a modification that
includes or involves the addition of hazardous wastes not currently in the
permit are assessed a supplementary modification fee shown in
9VAC20-60-1285 B, in addition to
the base fee specified in subdivision 1 of this subsection and any other
supplementary fee that may be appropriate.
3. Applicants for a major (Class 3)
modification that includes or involves corrective action for solid waste
management units under 40
CFR 264.101 and Title 40, Subpart S shall be
assessed a supplementary modification fee shown in
9VAC20-60-1285 B in addition to
supplementary fees specified in subdivision 1 of this subsection and any other
supplementary fee that may be appropriate.
4. Applicants for a major (Class 3)
modification that includes or involves the addition of one or more new
hazardous waste land-based TSD units or processes, or requires a substantive
change in the design of the existing land-based TSD units or processes, are
assessed a supplementary modification fee shown in
9VAC20-60-1285 B in addition to the
base fee specified in subdivision 1 of this subsection and any other
supplementary fee that may be appropriate. For the purpose of this subsection,
it will be deemed that a major change is required whenever a change in the
design of the groundwater protection system or whenever a new land treatment
demonstration permit specified in
9VAC20-60-270 is
necessary.
5. Applicants for a
major (Class 3) modification that includes or involves the addition of one or
more hazardous waste incineration units or processes, or requires a substantive
change in the design of an existing incineration unit or process, are assessed
a supplementary modification fee shown in
9VAC20-60-1285 B, in addition to
the base fee specified in subdivision 1 of this subsection and any other
supplementary fee that may be appropriate. For the purposes of this subsection,
it will be deemed that a major change is required whenever a change occurs that
necessitates the performance of a trial burn in accordance with
9VAC20-60-270.
6. Applicants for a major (Class 3)
modification that includes or involves new treatment, storage or disposal
units, processes or areas, or requires a substantive change in the design of
any existing hazardous waste treatment, storage or disposal units, processes or
areas, neither of which is a hazardous waste land-based TSD or incineration
unit, are assessed a supplementary modification fee shown in
9VAC20-60-1285 B, in addition to
the base fee specified in subdivision 1 of this subsection and any other
supplementary fee that may be appropriate. For the purposes of this subsection,
expansion of an existing container storage facility is not considered to be a
major change.
7. Applicants for a
modification that is not a minor modification and is a substantive (Class 2) as
specified in
9VAC20-60-270 and that is not
subject to the requirements of subdivisions 2 through 6 of this subsection are
assessed a supplementary modification fee shown in
9VAC20-60-1285 B, in addition to
the base fee specified in subdivision 1 of this subsection.
8. Applicants for numerous modifications
subject to several supplementary fees will not be assessed a permit application
fee in excess to the one required for a new permit for a comparable HWM
facility.
D. Minor
modifications of existing HWM facility permits. All applicants for minor (Class
1) modification of an existing HWM facility permit provided for in
9VAC20-60-270 are not assessed a
fee.
E. Emergency permits.
Applicants for an emergency hazardous waste treatment, storage or disposal
permit as provided for in
9VAC20-60-270 are assessed a fee
shown in 9VAC20-60-1285 D, unless the
director shall determine that a lesser fee is appropriate at the time the
permit is issued. No permit fee will be assessed for emergency treatment,
storage, or disposal necessary for the remediation of abandoned or orphaned
hazardous waste by the U.S. Environmental Protection Agency, the Virginia
Department of Environmental Quality, the Virginia Department of Emergency
Management, the Virginia State Police, the Virginia Department of
Transportation, a U.S. Department of Defense Explosive Ordnance Disposal Team,
a U.S. Army Technical Escort Unit or other federal government entities trained
in explosive or munitions emergency response. No permit fee will be assessed
for emergency treatment, storage, or disposal when a determination has been
made by the Commonwealth that circumstances dictate expedient action to protect
human health and environmental quality.
Statutory Authority: § 10.1-1402 of the Code of
Virginia; 42 USC § 6921 et seq.; 40 CFR Parts 260 through
272.
