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 9VAC20-60-273 - Adoption of 40 CFR Part 273 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 273 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 273
				  are also hereby incorporated as part of the Virginia Hazardous Waste Management
				  Regulations.
B. In all locations in
				  these regulations where 40 CFR Part 273 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 273.32(a)(3), the term
				  "EPA" shall mean the United States Environmental Protection Agency.
2. In addition to universal wastes included
				  in 40 CFR Part 273, other wastes are defined to be universal wastes in Part XVI
				  (9VAC20-60-1495
				  et seq.) of these regulations. Part XVI also contains waste specific
				  requirements associated with the waste defined to be universal waste therein.
				  In 40 CFR
				  273.1, the definitions in
				  40
				  CFR 273.9, and wherever elsewhere in Title 40
				  of the Code of Federal Regulations there is a listing of universal wastes or a
				  listing of hazardous waste 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." Any listing
				  of universal wastes in 40 CFR Part 273 shall incorporate the universal wastes
				  set out in Part XVI in a manner identical to those included in the federal
				  text; whether, for example, as in
				  40
				  CFR 273.32(b)(4), 40 CFR
				  273.32(b)(5),
				  40 CFR
				  273.39(b)(2), and 40 CFR
				  273.62(a)(20) or as items to be included in a calculation or requirement as in
				  the definitions of "Large Quantity Handler of Universal Waste" and "Small
				  Quantity Handler of Universal Waste."
3. In addition to the requirements contained
				  in 40 CFR 273, the following requirements shall apply:
a. A used lamp shall be considered to be
				  discarded and a waste on the date the generator permanently removes it from its
				  fixture. An unused lamp becomes a waste on the date the generator discards it
				  since that is the date on which he is deemed to have decided to discard it in
				  accordance with
				  40 CFR
				  273.5(c)(2).
b. A handler having a waste subject to the
				  requirements of
				  40 CFR
				  273.13(a)(3)(i) or 40 CFR
				  273.33(a)(3)(l) is also subject to
				  9VAC20-60-270
				  and Parts IV (9VAC20-60-305
				  et seq.), VII (9VAC20-60-420 et seq.),
				  and XII (9VAC20-60-1260
				  et seq.) of this chapter.
c. Small
				  and large quantity handlers of universal waste (i) may only crush
				  mercury-containing lamps for size reduction at the site of generation or under
				  the control of the generator as defined in
				  9VAC20-60-1505
				  B 4 and (ii) shall comply with the applicable mercury-containing lamps crushed
				  for size reduction requirements of
				  9VAC20-60-1505.
d. All large quantity handlers of universal
				  waste lamps (i.e., generators who accumulate 5000 kilograms or more of
				  universal waste lamps) must prepare and maintain a closure plan conforming to
				  the requirements of 40 CFR Part 264, Subpart G as adopted by reference in
				  9VAC20-60-264.
				  Financial assurance shall be provided to the department in accordance with 40
				  CFR Part 264, Subpart H as adopted by reference in
				  9VAC20-60-264.
e. The owner or operator of a destination
				  facility that recycles mercury-containing lamps with or without storing the
				  mercury-containing lamps before they are recycled must comply with all
				  applicable requirements of
				  9VAC20-60-264
				  B 34 and
				  9VAC20-60-265
				  B 21 for mercury-containing lamp recycling facilities.
4. In 40 CFR 273 Subpart F the term "EPA"
				  shall mean the United States Environmental Protection Agency, and the term
				  "Administrator" shall mean the Administrator of the United States Environmental
				  Protection Agency or his designee.
5. In 40 CFR 273 Subpart G, the term
				  "Administrator" shall mean the Administrator of United States Environmental
				  Protection Agency or his designee.