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 9VAC20-60-270 - Adoption of 40 CFR Part 270 by reference

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as otherwise provided, those
				  regulations of the United States Environmental Protection Agency set forth in
				  40 CFR Part 270 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 incorporated
				  sections of 40 CFR Part 270 are also hereby incorporated as part of the
				  Virginia Hazardous Waste Management Regulations.
B. In all locations in these regulations
				  where 40 CFR Part 270 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 Part 270 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."
2. In
				  40 CFR
				  270.5, the term "Administrator" shall mean
				  the Administrator of the United States Environmental Protection Agency or his
				  designee.
3. In
				  40 CFR
				  270.5, the term "Regional Administrator"
				  shall mean the Regional Administrator of Region III of the United States
				  Environmental Protection Agency or his designee.
4. The underground injection of hazardous
				  waste for treatment, storage or disposal shall be prohibited throughout the
				  Commonwealth of Virginia, and no permits shall be issued for underground
				  injection facilities.
5. Validity
				  of the federal HWM permits. This section replaces
				  40 CFR
				  270.51, which is not included in the
				  incorporation of 40 CFR Part 270 by reference and is not a part of the Virginia
				  Hazardous Waste Management Regulations.
a.
				  Hazardous waste management facilities located in Virginia which possess an
				  effective final RCRA permit issued by the United States Environmental
				  Protection Agency will be considered to possess a valid Virginia hazardous
				  waste management permit for the duration of the unexpired term of the federal
				  permit, provided that:
(1) The facility
				  remains in compliance with all of the conditions specified in the federal
				  permit;
(2) The operator submits a
				  complete copy of the federal permit to the department no later than the
				  effective date of the federal permit; and
(3) The owner and operator of the facility
				  submit a request to continue the federal permit addressed to the
				  department.
b. Federal
				  permits issued to hazardous waste management facilities located in Virginia by
				  the United States Environmental Protection Agency pursuant to HSWA requirements
				  which constitute the federal portion of the combined Virginia--United States
				  Environmental Protection Agency RCRA permits are considered, for the purposes
				  of this chapter, as addenda to the Virginia permits and will remain in effect
				  during the unexpired term of the Virginia permit.
6. All permit applications and reapplications
				  required by these regulations shall be accompanied by an appropriate permit
				  application fee as specified in Part XII (9VAC20-60-1260
				  et seq.) of this chapter. Applications or reapplications not accompanied by
				  such fees will not be considered complete. The director shall not issue a
				  permit before receiving a complete application except permits by rule,
				  emergency permits, or continued federal permits. In addition, an application
				  for a permit is not complete until the department receives an application form
				  and any supplemental information, which are completed to the department's
				  satisfaction. The completeness of any application for a permit shall be judged
				  independently of the status of any other permit application or permit for the
				  same facility or activity. In cases where Part A of the application was first
				  submitted to the United States Environmental Protection Agency Administrator, a
				  copy of such submission shall also be sent to the department.
7. Interim status.
a. The director may deny interim status to
				  any owner or operator if, at the time the Part A application is submitted, the
				  facility is in violation of any regulation of the board so as to pose a
				  substantial present or potential hazard to human health or
				  environment.
b. Unless subject of
				  an exception specified in
				  40 CFR
				  270.73, interim status terminates when final
				  disposition of a permit application is made or when interim status is
				  terminated by the director. Interim status may be terminated for any of the
				  following reasons:
(1) Failure to submit a
				  completed Part B application on time;
(2) Failure to furnish any information
				  required by this chapter;
(3)
				  Falsification, misrepresentation or failure to fully disclose any information
				  submitted or required to be kept under this chapter;
(4) Violation of this chapter; and
(5) A determination that the facility poses a
				  significant threat to public health or the environment.
c. The director may terminate the interim
				  status upon receiving a voluntary request for such an action from the owner and
				  the operator of the facility.
(1) To be
				  considered for voluntary termination such request shall:
(a) Be received by the department prior to
				  the issuance of the request to submit Part B of the permit application in
				  accordance with this section; and
(b) Be accompanied by a waiver of procedures
				  contained in this section.
(2) Termination under this part will not be
				  granted to the owner and operator of the facility:
(a) Which is not in compliance with the
				  standards contained in
				  9VAC20-60-265;
				  or
(b) When termination proceedings
				  have been instituted under this section.
d. The effective date of the termination of
				  the interim status will be determined by the director to allow for proper
				  closure of the facility in accordance with Subpart G of 40 CFR Part 264 and
				  Subpart G of 40 CFR Part 265, as applicable.
8. Each permit shall include permit
				  conditions necessary to achieve compliance with the Virginia Waste Management
				  Act (§
											10.1-1400 et seq. of
				  the Code of Virginia) and regulations, including each of the applicable
				  requirements specified in this part (Part III) of these regulations. In
				  satisfying this provision, the director may incorporate applicable requirements
				  of Part III directly into the permit or establish other permit conditions that
				  are based on these requirements.
9.
				  In addition to the other general information requirements to be part of the
				  contents of any Part B in
				  40 CFR
				  270.14(b), the following
				  information is required for all hazardous waste management facilities, except
				  as provided otherwise:
a. A copy of the
				  general inspection schedule required by
				  40 CFR
				  264.15(b). Include, where
				  applicable, as part of the inspection schedule, specific requirements in
				  40
				  CFR 264.174, 40 CFR 264.193(i),
				  40
				  CFR 264.195, 40 CFR 264.226,
				  40 CFR
				  264.254, 40 CFR 264.273,
				  40 CFR
				  264.303, 40 CFR 264.573,
				  40
				  CFR 264.574, 40 CFR 264.602,
				  40 CFR
				  264.1033, 40 CFR 264.1052,
				  40 CFR
				  264.1053, and 40 CFR 264.1058.
b. Traffic pattern, estimated volume (number,
				  types of vehicles) and control; describe access road surfacing and load bearing
				  capacity; show traffic control signals.
10. A period of 30 days shall elapse between
				  the date of public notice and the date of a public hearing under
				  40 CFR
				  270.42(b)(4) and 40 CFR
				  270.42(c)(4).
11. Notices given
				  under
				  40 CFR
				  270.30(l)(1) shall be
				  written.
12. Reserved.
13. The agencies of the Commonwealth publish
				  notices of regulatory activity, permit hearings and other official notices in
				  the Virginia Register. Any references in incorporated federal text that
				  indicate a publication is to be made in the Federal Register shall be construed
				  to mean the Virginia Register when such publication is to be made by an agency
				  of the Commonwealth.
14. Appeal
				  rights and procedures related to a remedial action plan (RAP) included in
				  40
				  CFR 270.155, especially appeals to the EPA
				  Environmental Appeals Board, are not incorporated into these regulations.
				  Appeals of actions related to the content or process of developing a RAP will
				  be governed by the Administrative Process Act, Chapter 40 (§
											2.2-4000 et
				  seq.) of Title 2.2 of the Code of Virginia.
15. The conditions of an expired permit
				  continue in force until the effective date of the new permit if the permittee
				  has submitted a timely reapplication that is a complete application for a new
				  permit and the director, through no fault of the permittee, does not issue a
				  new permit with an effective date on or before the expiration date of the
				  previous permit. Permits that are continued remain fully effective and
				  enforceable.
When the permittee is not in compliance with the conditions
					 of the expiring or expired permit, the director may choose to do any or all of
					 the following:
a. Initiate enforcement
				  action based on the permit that has been continued;
b. Issue a notice of intent to deny the new
				  permit. If the permit is denied, the owner or operator would then be required
				  to cease activities authorized by the continued permit or be subject to
				  enforcement action for operating without a permit;
c. Issue a new permit with appropriate
				  conditions; or
d. Take other
				  actions authorized by this chapter.
16. Part XII (9VAC20-60-1260
				  through
				  9VAC20-60-1286
				  ) of this chapter applies to all permitted facilities, to facilities operating
				  under interim status, to facilities subject to an order or agreement, and to
				  all large quantity generators. In addition to permit application fees, a
				  permitted treatment, storage, and disposal facility is assessed an annual fee.
				  A facility that operates under interim status, a facility that is subject to an
				  order or agreement, and a large quantity generator are also assessed annual
				  fees.
17. Regardless of the
				  provisions of
				  9VAC20-60-18,
				  the revisions to 40 CFR Part 270 as promulgated by U.S. EPA on October 30,
				  2008, (73 FR 64757-64788) (definition of solid waste rule) are not adopted
				  herein.
18. In
				  40 CFR
				  270.5, the term "Director" and "State
				  Director" shall mean the Director of the Department of Environmental Quality or
				  his designee.