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 9VAC20-60-268 - Adoption of 40 CFR Part 268 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 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.