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 9VAC20-60-260 - Adoption of 40 CFR Part 260 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 260 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 260
				  are also hereby incorporated as part of the Virginia Hazardous Waste Management
				  Regulations.
B. In all locations in
				  these regulations where 40 CFR Part 260 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 260.10, the term "Administrator" shall
				  mean the Administrator of the United States Environmental Protection Agency or
				  his designee.
2. In
				  40
				  CFR 260.10, the term "contained" shall be
				  appended by adding the following: (5) Hazardous secondary materials managed
				  under the exclusion provided in
				  40 CFR
				  261.4(a)(23) or (a)(24)
				  shall not be managed in a land-based unit unless the land-based unit meets the
				  applicable standards of 40 CFR Parts 260 through 270, as incorporated by
				  reference, for management of hazardous waste.
3. In
				  40
				  CFR 260.10, the term "EPA" shall mean the
				  United States Environmental Protection Agency.
4. In
				  40
				  CFR 260.10 the term "new tank system" and
				  "existing tank system," the reference to July 14, 1986, applies only to tank
				  regulations promulgated pursuant to federal Hazardous and Solid Waste Amendment
				  (HSWA) requirements. HSWA requirement categories include:
a. Interim status and permitting requirements
				  applicable to tank systems owned and operated by small quantity
				  generators;
b. Leak detection
				  requirements for all underground tank systems for which construction commenced
				  after July 14, 1986; and
c.
				  Permitting standards for underground tanks that cannot be entered for
				  inspection.
For non-HSWA regulations, the reference date shall be
					 January 1, 1998.
5. In
				  40
				  CFR 260.10, the term "Regional Administrator"
				  shall mean the Regional Administrator of Region III of the United States
				  Environmental Protection Agency or his designee.
6. In
				  40
				  CFR 260.10 definitions of the terms "Person,"
				  "State," and "United States," the term "state" shall have the meaning
				  originally intended by the Code of Federal Regulations and not be supplanted by
				  "Commonwealth of Virginia."
7. In
				  40
				  CFR 260.10 and wherever elsewhere in Title 40
				  of the Code of Federal Regulations the term "universal waste" appears, it shall
				  be amended by addition of the following sentence: "In addition to the hazardous
				  wastes listed herein, the term "universal waste" 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."
8. Throughout
				  40 CFR
				  260.11(a), the terms "EPA"
				  and "U.S. Environmental Protection Agency" shall not be supplanted with the
				  term "Commonwealth of Virginia."
9.
				  In Part XIV (9VAC20-60-1370 et seq.), the Virginia Hazardous Waste Management
				  Regulations contain provisions analogous to
				  40
				  CFR 260.30, 40 CFR 260.31,
				  40 CFR
				  260.32, 40 CFR 260.33,
				  40 CFR
				  260.34, 40 CFR 260.40, and
				  40
				  CFR 260.41. These sections of 40 CFR Part 260
				  are not incorporated by reference and are not a part of the Virginia Hazardous
				  Waste Management Regulations.
10.
				  Sections
				  40 CFR
				  260.2, 40 CFR 260.20,
				  40 CFR
				  260.21, 40 CFR 260.22, and
				  40
				  CFR 260.23 are not included in the
				  incorporation of 40 CFR Part 260 by reference and are not a part of the
				  Virginia Hazardous Waste Management Regulations.
11. Appendix I to 40 CFR Part 260 is not
				  incorporated by reference and is not a part of the Virginia Hazardous Waste
				  Management Regulations.
12. In the
				  40
				  CFR 260.10 definitions of the terms "AES
				  filing compliance date," and "Electronic import-export reporting compliance
				  date," the term "EPA" shall have the meaning originally intended by the Code of
				  Federal Regulations and not be supplanted by "Department of Environmental
				  Quality."
13. In
				  40
				  CFR 260.4(a)(4) and 40 CFR
				  260.5(b)(2), 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 amendments to 40 CFR 260 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 260 and are not part of this chapter, 9VAC20-60; therefore, the
				  incorporation of 40 CFR 260 is modified as follows:
a. Retain
				  40 CFR
				  260.42 as it appears in EPA's Definition of
				  Solid Waste rule (80 FR 1694, January 13, 2015).
b. Retain
				  40 CFR
				  260.43 as it appears in EPA's Definition of
				  Solid Waste rule (80 FR 1694, January 13, 2015).