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 9VAC20-60-124 - Adoption of 40 CFR Part 124 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
				  Subparts A and B of 40 CFR Part 124, wherein they relate to RCRA programs, are
				  hereby incorporated as part of the VHWMR. Except as otherwise provided, all
				  material definitions, reference materials and other ancillaries that are a part
				  of incorporated sections of 40 CFR Part 124 are also hereby incorporated as
				  part of the Virginia Hazardous Waste Management Regulations.
B. In all locations in these regulations
				  where text from 40 CFR Part 124 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. Other sections of these regulations,
				  particularly in
				  9VAC20-60-270 and Part XIV
				  (9VAC20-60-1370 et seq.) of this
				  chapter, describe processes or procedures wherein items from 40 CFR Part 124
				  are applied as a part of more complete and detailed requirements. The
				  incorporations of portions of 40 CFR Part 124 in this part shall not be
				  construed so as to contradict or interfere with the operations of other parts
				  of these regulations.
2. In
				  addition to the citations in 40 CFR 124.5(a),
				  permits may be modified, revoked and reissued, or terminated for reasons stated
				  in 9VAC20-60-270 B and Part XIV
				  (9VAC20-60-1370 et seq.) of this
				  chapter.
3. Text of
				  40 CFR
				  124.5(b) is not incorporated
				  into these regulations. Administrative appeal shall be conducted in accordance
				  the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of
				  Virginia).
4. In
				  40 CFR
				  124.5(d),
				  40 CFR
				  124.6(e), and
				  40 CFR
				  124.10(b), the term
				  "Regional Administrator" shall mean the regional administrator of Region III of
				  the United States Environmental Protection Agency or his designee.
5. In
				  40 CFR
				  124.5(d),
				  40 CFR
				  124.6(e), and
				  40 CFR
				  124.10(b), the term "EPA"
				  shall mean the United States Environmental Protection Agency.
6. In
				  40 CFR
				  124.10(c)(1)(ii), the term
				  "EPA" shall mean the United States Environmental Protection Agency.
7. In
				  40 CFR
				  124.10 procedures are described for giving
				  public notice in newspapers and radio broadcast when a draft permit has been
				  prepared ( 40 CFR
				  124.10(a)(1)(ii) ) or when a
				  public hearing will be held on the draft permit (
				  40 CFR
				  124.10(b)(2) ). The
				  applicant for a permit shall arrange for the newspaper publication and radio
				  broadcast and bear the cost of the publication and broadcast. The department
				  shall send notification to the applicant that the publication and broadcast are
				  required and the notification shall include the text of the notice, dates of
				  publication and broadcast, and acceptable newspapers and radio stations wherein
				  the notice may be published. The department may arrange for the newspaper
				  publication and radio broadcast and require the applicant to remit the cost of
				  such publication and broadcast.
8.
				  In 40 CFR
				  124.19 an appeal process is established that
				  includes certain appeals procedures that apply to the federal hazardous waste
				  program, including the establishment of an EPA Environmental Appeals Board.
				  These Virginia regulations do not incorporate this federal process. Appeals
				  under these regulations will be in accordance with the Administrative Process
				  Act, Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
				  All federal regulatory references to the appeal process or the EPA
				  Environmental Appeals Board, such as in
				  40 CFR
				  124.5, shall be construed to mean the
				  administrative processes and appeals processes as specified by Virginia's
				  Administrative Process Act.
9. The
				  petitioner for a variance from any regulation shall arrange for any newspaper
				  publication and radio broadcast required under this chapter and to bear the
				  cost of such publication and broadcast. The department shall send notification
				  to the applicant that the publication and broadcast are required and the
				  notification shall include the text of the notice, dates of publication and
				  broadcast, and acceptable newspapers and radio stations wherein the notice may
				  be published. The department may arrange for the newspaper publication and
				  radio broadcast and require the applicant to remit the cost of such publication
				  and broadcast.