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 9VAC20-60-266 - Adoption of 40 CFR Part 266 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 266 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 266
				  are also hereby incorporated as part of the Virginia Hazardous Waste Management
				  Regulations.
B. In all locations in
				  these regulations where 40 CFR Part 266 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 addition to the requirements of Subpart
				  C of 40 CFR Part 266, those who generate or transport recyclable materials or
				  those who own or operate facilities that use or store recyclable materials are
				  also subject to applicable requirements of Parts IV (9VAC20-60-305 et seq.),
				  VII (9VAC20-60-420 et seq.), and XII (9VAC20-60-1260 et seq.) of these
				  regulations if the materials are used in a manner constituting
				  disposal.
2. In addition to the
				  requirements of Subpart C of 40 CFR Part 266, those who generate or transport
				  recyclable materials or those who own or operate facilities that use or store
				  recyclable materials are also subject to applicable requirements of Parts IV,
				  VII and XII of these regulations if the recyclable materials are for precious
				  metals recovery.
3. In addition to
				  the requirements of Subpart G of 40 CFR Part 266, those who store lead-acid
				  batteries subject to
				  40 CFR
				  266.80(b) are also subject
				  to the requirements of Parts IV, VII and XII of these regulations.
4. In 40 CFR Part 266, references to 49 CFR
				  Parts 171 through 180 shall be as 49 CFR Parts 171 through 180 are incorporated
				  by reference in 9VAC20-110-110.
5.
				  In
				  40
				  CFR 266.506(b)(3)(i),
				  reference to (i) 40 CFR Part 62, Subpart FFF shall be replaced by 40 CFR Part
				  62, Subpart VV, which incorporates Article 54 (9VAC5-40-7950 et seq.) of
				  9VAC5-40; and (ii) 40 CFR Part 60, Subpart Eb shall be as it is incorporated by
				  reference in Article 5 (9VAC5-50-400 et seq.) of 9VAC5-50.
6. In
				  40
				  CFR 266.506(b)(3)(ii),
				  reference to (i) 40 CFR Part 62, Subpart JJJ shall be replaced by 40 CFR Part
				  62, Subpart VV, which incorporates Article 46 (9VAC5-40-6550 et seq.) of
				  9VAC5-40; and (ii) 40 CFR Part 60, Subpart AAAA shall be as it is incorporated
				  by reference in Article 5 (9VAC5-50-400 et seq.) of 9VAC5-50.
7. In
				  40
				  CFR 266.506(b)(3)(iii),
				  reference to (i) 40 CFR Part 62, Subpart HHH is not applicable in the
				  Commonwealth of Virginia as there are no affected facilities and a negative
				  declaration was made in 40 CFR Part 62, Subpart VV; and (ii) 40 CFR Part 60,
				  Subpart Ec shall be as Subpart Ec is incorporated by reference in Article 5
				  (9VAC5-50-400 et seq.) of 9VAC5-50.
8. In
				  40
				  CFR 266.506(b)(3)(iv),
				  reference to 40 CFR Part 62, Subpart III shall be replaced by 40 CFR Part 62,
				  Subpart VV, which incorporates Article 45 (9VAC5-40-6250 et seq.) of 9VAC5-40;
				  and (ii) 40 CFR Part 60, Subpart CCCC shall be as Subpart CCCC is incorporated
				  by reference in Article 5 (9VAC5-50-400 et seq.) of 9VAC5-50.
9. In
				  40
				  CFR 266.506(b)(3)(v),
				  reference to 40 CFR Part 63, Subpart EEE shall be as Subpart EEE is
				  incorporated by reference in Article 2 (9VAC5-60-90 et seq.) of
				  9VAC5-60.