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 9VAC20-60-261 - Adoption of 40 CFR Part 261 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 261 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 261
				  are also hereby incorporated as part of the Virginia Hazardous Waste Management
				  Regulations.
B. In all locations in
				  these regulations where 40 CFR Part 261 is incorporated by reference, the
				  following additions, modifications, and exceptions shall amend the incorporated
				  text for the purpose of its incorporation into this chapter:
1. Any agreements required by
				  40 CFR
				  261.4(b)(11)(ii) shall be
				  sent to the United States Environmental Protection Agency at Waste
				  Identification Branch (5304), U.S. Environmental Protection Agency, 1200
				  Pennsylvania Ave., NW., Washington, DC 20460 and to the Department of
				  Environmental Quality, P.O. Box 1105, Richmond, Virginia 23218.
2. In
				  40 CFR
				  261.4(e)(3)(iii), the text
				  "in the Region where the sample is collected" shall be deleted.
3. In
				  40 CFR
				  261.4(f)(1), the term
				  "Regional Administrator" shall mean the Regional Administrator of Region III of
				  the United States Environmental Protection Agency or his designee.
4. In
				  40 CFR
				  261.6(a)(2), recyclable
				  materials shall be subject to the requirements of 9VAC20-60-270 and Part XII
				  (9VAC20-60-1260 et seq.) of this chapter.
5. Reserved.
6. In
				  40 CFR
				  261.9 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 here, 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, in accordance with the terms and requirements
				  described."
7. In Subparts B and D
				  of 40 CFR Part 261, the term "Administrator" shall mean the Administrator of
				  the United States Environmental Protection Agency, and the term "Director"
				  shall not supplant "Administrator" throughout Subparts B and D.
8. For the purpose of this chapter, any solid
				  waste is a hazardous waste if it is defined to be hazardous waste under the
				  laws or regulations of the state in which it first became a solid
				  waste.
9. In
				  40 CFR
				  261.6(c)(1) and 40 CFR
				  261.6(c)(2) mercury-containing lamp recycling facilities must also comply with
				  all applicable requirements of 9VAC20-60-264 B 34 and 9VAC20-60-265
				  B21.
10. In Subpart E of 40 CFR
				  Part 261, the term "EPA" shall have the meaning originally intended by the Code
				  of Federal Regulations and not be supplanted by "Department of Environmental
				  Quality."
11. In
				  40 CFR
				  261.2(a), reference to
				  40
				  CFR 260.30, 40 CFR 260.31, and
				  40 CFR
				  260.34 are replaced by analogous provisions
				  of Part XIV (9VAC20-60-1370 et seq.) of this chapter.
12. In
				  40 CFR
				  261.3(a)(2), reference to
				  exclusion under
				  40 CFR
				  260.20 and 40 CFR 260.22 are not incorporated
				  by reference.
13. In
				  40 CFR
				  261.21(f)(6)(i), the term
				  "EPA" shall be retained and shall mean the United States Environmental
				  Protection Agency. The term "EPA" shall not be supplanted with "Department of
				  Environmental Quality" as instructed in 9VAC20-60-14 B2.
14. The United States Environmental
				  Protection Agency's (EPA's) amendments to 40 CFR 261 by the Response to Vacatur
				  of Certain Provisions of the Definition of Solid Waste Rule (83 FR 24664, May
				  30, 2018) shall not be included in the incorporation by reference of 40 CFR 261
				  and are not part of this chapter, 9VAC20-60; therefore, the incorporation of 40
				  CFR 261 is modified as follows:
a. Retain
				  40 CFR
				  261.4(a)(23) as it appears
				  in EPA's Definition of Solid Waste rule (80 FR 1694, January 13,
				  2015).
b. Retain
				  40 CFR
				  261.4(a)(24) as it appears
				  in EPA's Definition of Solid Waste rule (80 FR 1694, January 13,
				  2015).
c. Reserve
				  40 CFR
				  261.4(a)(25) as it appears
				  in EPA's Definition of Solid Waste rule (80 FR 1694, January 13,
				  2015).