Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part III - Incorporation of Federal Regulations by Reference › Section 9VAC20-60-262 - Adoption of 40 CFR Part 262 by reference

Current through Register Vol. 40, No. 24, July 15, 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.