Title of Regulation: 9VAC20-60. Virginia Hazardous Waste Management Regulations (amending 9VAC20-60-430).

Statutory Authority: § 10.1-1402 and Article 4 (§ 10.1-1426 et seq.) of Chapter 14 of Title 10.1 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: June 19, 2013.

Effective Date: July 4, 2013.

Agency Contact: Debra A. Harris, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4206, FAX (804) 698-4346, TTY (804) 698-4021, or email debra.harris@deq.virginia.gov.

Basis: Section 10.1-1402 of the Virginia Waste Management Act, Chapter 14 (§ 10.1-1400 et seq.) of Title 10.1 of the Code of Virginia, authorizes the Virginia Waste Management Board to promulgate and enforce regulations necessary to carry out its powers and duties and the intent of the chapter and federal law.

Purpose: The rationale for the removal of the annual report for hazardous waste transporters is that the report provides minimal information and the information reported is not used to determine compliance. The report is not necessary for overall program performance.

Rationale for Using Fast-Track Process: The proposed amendment is expected to be noncontroversial because the report provides minimal information and the information reported is not used to determine compliance.

Substance: Subsection F of 9VAC20-60-430 is deleted to remove the requirement for submittal of an annual report for hazardous waste transporting activities.

Issues: There are no disadvantages to the public, the agency, or the Commonwealth.

Department of Planning and Budget Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Virginia Waste Management Board (board) proposes to eliminate the annual report requirement for transporters of hazardous waste.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. According to the Department of Environmental Quality, the report provides minimal information and the information reported is not used to determine compliance with these regulations. Thus there is no disadvantage to eliminating the report. Currently the 250 hazardous waste transporter firms in the Commonwealth spend cumulatively approximately 200 hours annually on preparing and sending the report.¹ The proposed amendment would eliminate these staff time costs (just under an hour per firm). The proposed amendment clearly produces a net benefit.

Businesses and Entities Affected. The amendment affects the estimated 250 hazardous waste transporter firms in the Commonwealth.²

Localities Particularly Affected. The proposed amendment does not disproportionately affect any particular localities.

Projected Impact on Employment. The proposed amendments will not significantly affect employment.

Effects on the Use and Value of Private Property. The proposed amendment is estimated to reduce required staff time by just under an hour for each hazardous waste transporter firm in the Commonwealth.

Small Businesses: Costs and Other Effects. The proposed amendment is estimated to reduce required staff time by just under an hour for each small hazardous waste transporter firm in the Commonwealth.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendments do not adversely affect small businesses.

Real Estate Development Costs. The proposed amendments will not significantly affect real estate development costs.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, a determination of the public benefit, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPBs best estimate of these economic impacts.

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¹ Source: Department of Environmental Quality

² Data source: Department of Environmental Quality

Agency's Response to Economic Impact Analysis: The department has reviewed the economic impact analysis prepared by the Department of Planning and Budget and has no comment.

Summary:

The amendment removes the annual report requirement for transporters of hazardous waste.

9VAC20-60-430. Recordkeeping and reporting requirements.

A. Except as provided in 9VAC20-60-430 B and 9VAC20-60-430 C, all transporters shall retain one signed copy of all manifests in their records for not less than three years from the date of acceptance for shipment by the initial transporter. The retained copy shall show his signature as well as those of the generator and the designated facility owner or operator, or next designated transporter.

B. For shipments delivered to the designated facility by water (bulk shipment), each water (bulk shipment) transporter shall retain a copy of the shipping paper containing all the information required in 40 CFR 263.20(e)(2) for a period of three years from the date of acceptance by the initial transporter.

C. For shipments of hazardous waste by rail within the United States:

1. The initial rail transporter shall keep a copy of the manifest and shipping paper with all the information required in 40 CFR 263.20(f)(2) for a period of three years from the date the hazardous waste was accepted by the initial transporter.

2. The final rail transporter shall keep a copy of the signed and dated manifest (or the shipping paper if signed by the designated facility in lieu of the manifest) for a period of three years from the date the hazardous waste was accepted by the initial transporter.

3. Intermediate rail transporters are not required to keep records pursuant to this chapter.

D. A transporter who transports hazardous waste out of the United States shall keep a copy of the manifest, indicating that the hazardous waste left the United States, for a period of three years from the date the waste was accepted by the initial transporter.

E. The periods of retention referred to in this part are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the director.

F. All transporters permitted by the director under 9VAC20-60-450 are required to submit an annual report of hazardous waste transporting activities. The annual report shall be a summary of activities and shall be submitted on and include the information required by the Transporter Annual Report form (Form 7.2-1). The annual report shall be submitted within 90 days of the close of the reporting year. The reporting year ends December 31 of each calendar year.

FORMS (9VAC20-60)

Application for a Transporter Permit, Form 7.1 (rev. 12/01).

Transporter Annual Report, Form 7.2-1 (rev. 12/01).

Intra-Commonwealth Shipments, Form 7.2-2 (rev. 12/01).

Shipments to Other States, Form 7.2-3 (rev. 12/01).

Shipments into the Commonwealth, Form 7.2-4 (rev. 12/01).

Shipments to Foreign Facilities, Form 7.2-5 (rev. 12/01).