TITLE 9. ENVIRONMENT
REGISTRAR'S NOTICE: The following regulatory action is exempt from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 c of the Code of Virginia, which excludes regulations that are necessary to meet the requirements of federal law or regulation provided such regulations do not differ materially from those required by federal law or regulation. The Virginia Waste Management Board is also claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 3 of the Code of Virginia, which excludes regulations that consist only of changes in style or form or corrections of technical errors. The board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 9VAC20-60. Virginia Hazardous Waste Management Regulations (amending 9VAC20-60-18).
Statutory Authority: § 10.1-1402 of the Code of Virginia; 42 USC § 6921; 40 CFR Parts 260 through 272.
Effective Date: December 22, 2021.
Agency Contact: Lisa A. Ellis, Hazardous Waste Compliance Program Coordinator, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105 , Richmond, VA 23218, telephone (804) 698-4237, FAX (804) 698-4178, or email lisa.ellis@deq.virginia.gov.
Summary:
The amendments (i) update the citation to Title 40 of the Code of Federal Regulations incorporated by reference in the regulation to that published July 1, 2021, excluding the provisions of the U.S. Environmental Protection Agency's Increasing Recycling: Adding Aerosol Cans to the Universal Waste Regulations, which will be added in a future regulatory update; and (ii) make other technical changes.
9VAC20-60-18. Applicability of incorporated references based on the dates on which they became effective.
A. Except as noted, when a regulation of the United States U.S. Environmental Protection Agency (EPA) set forth in Title 40 of the Code of Federal Regulations is referenced and incorporated into this chapter, that regulation shall be as it exists and has been published in the July 1, 2018 2021, annual edition; however, the incorporation by reference of Title 40 of the Code of Federal Regulations shall not include the requirements of EPA's Response to Vacatur of Certain Provisions of the Definition of Solid Waste Rule (83 FR 24664, May 30, 2018) or Increasing Recycling: Adding Aerosol Cans to the Universal Waste Regulations (84 FR 67202, December 9, 2019).
B. The references and incorporation of Title 40 of the Code of Federal Regulations into this chapter also includes the following rules promulgated by the United States Environmental Protection Agency after publication of the July 1, 2018, annual edition of Title 40 of the Code of Federal Regulations:
1. Safe Management of Recalled Air Bags (83 FR 61552, November 30, 2018); and
2. Management of Hazardous Waste Pharmaceuticals Rule and Amendment to the P075 Listing for Nicotine (84 FR 5816, February 22, 2019).
VA.R. Doc. No. R22-6908; Filed October 26, 2021