Title of Regulation: 18VAC155-20. Waste Management Facility Operators Regulations (amending 18VAC155-20-10, 18VAC155-20-110).

Statutory Authority: §§ 54.1-201 and 54.1-2211 of the Code of Virginia.

Public Hearing Information:

December 17, 2015 - 10 a.m. - Department of Professional and Occupational Regulation, Perimeter Center, Second Floor Training Room 1, 9960 Mayland Drive, Richmond, VA 23233

Public Comment Deadline: January 15, 2016.

Agency Contact: Eric L. Olson, Executive Director, Board for Waste Management Facility Operators, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8511, FAX (866) 430-1033, or email wastemgt@dpor.virginia.gov.

Basis: Subsection A of § 54.1-2211 of the Code of Virginia states, "The Board shall promulgate regulations and standards for the training and licensing of waste management facility operators."

Purpose: The proposed amendments will consolidate all composting requirements from being separated between Class I and Class II licenses into only the Class I license. Currently a Class II license is for composting municipal solid waste as well as all types of landfills. The Class I license is for composting yard waste in addition to transfer stations. The board has determined that it would be less burdensome to regulants for all composting to be put together under the Class I license. These amendments will ensure that operators of those types of facilities are adequately trained and meet the minimum competency requirements, ultimately producing updated regulations that will effectively protect the health, safety, and welfare of the public.

Substance: 18VAC155-20-10 is amended to clarify definitions of the Class I and II license types.

18VAC155-20-110 is amended to clarify license classifications for Class I and Class II licensees.

Issues: The proposed amendments are to consolidate composting requirements into one license type. The changes would be advantageous to public and to the waste management facilities as they would not need to know the differences between composting types to determine which class of license is required. In amending the regulations, the Board for Waste Management Facility Operators is continuing to provide necessary public protection tasked to them through existing statutes.

Department of Planning and Budget's Economic Impact Analysis: Summary of the Proposed Amendments to Regulation. The proposed change will consolidate all composting requirements that exist in Class I and II licenses into only the Class I license.

Result of Analysis. There is insufficient data to accurately compare the magnitude of the benefits versus the costs. Detailed analysis of the benefits and costs can be found in the next section.

Estimated Economic Impact. The proposed change will consolidate all composting requirements that exist in Class I and II licenses into only the Class I license. Currently, a Class I license is for composting yard waste in addition to transfer stations. A Class II license is for composting municipal solid waste as well as all types of landfills. A Class I licensee is required to obtain a Class II license to be able to compost municipal waste. With the proposed change, a Class I licensee will be allowed to compost municipal waste. The Board plans to pull out all composting questions currently in the Class II exam and put them in the Class I exam to ensure competency of the operators.

Under the proposed change, Class I licensees will not be required to obtain a Class II license to compost municipal waste. These individuals will save the $75 application fee, $225 exam fee, and time and travel costs associated with taking the Class II exam. Municipalities generally pay for the application fee and exam fee for their operators. There may also be a small expense from the examination vendor to make adjustments to the examinations for Class I and Class II licenses. The Board staff estimates that there are approximately 10 individual applicants per year performing composting. However, there is no accurate data to estimate the number of individuals who only have a Class I license and who would perform municipal waste composting.

Since the Board will test for municipal composting competency in the Class I license, no adverse environmental risks are expected from future applicants due to this change. However, since all current Class I licenses will be allowed to perform municipal waste composting and will not be tested for their competency, there exists a slight possibility that an incompetent operator may perform municipal waste composting. The Board staff points out that the current Class I license exam covers the basics of all types of composting; the industry is self regulating to avoid citations; and continuing education is required. Thus, the Board staff believes that any adverse environmental risk that may be posed by this change is negligible and that the proposed regulation will effectively protect the health, safety, and welfare of the public.

Businesses and Entities Affected. The Board staff estimates that there are 162 individuals who currently hold only a Class I license and approximately 10 individual applicants per year performing composting. However, there is no accurate data to estimate the number of individuals who only have Class I license and who would perform municipal waste composting. In addition, there are only 3 landfills composting municipal waste in the Commonwealth.

Localities Particularly Affected. The proposed regulation applies throughout the Commonwealth.

Projected Impact on Employment. The proposed change is unlikely to significantly affect employment.

Effects on the Use and Value of Private Property. The proposed change is unlikely to significantly affect the use and value of private property.

Small Businesses: Costs and Other Effects. Facilities composting waste are either large businesses or governmental entities. Thus, the proposed amendment is unlikely to affect small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendment is unlikely to adversely affect small businesses.

Real Estate Development Costs. The proposed amendment is unlikely to affect real estate development costs.

Agency's Response to Economic Impact Analysis: The agency concurs with the analysis of the Department of Planning and Budget.

Summary:

The proposed amendments consolidate all composting requirements of Class I and Class II licenses into the Class I license.

Part I
General

18VAC155-20-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

*"Board" means the Board for Waste Management Facility Operators.

"Board-approved training course" means a course that has been approved by the board to provide appropriate training to an applicant in accordance with this chapter.

"Class I license" means the authorization from the board to act as a waste management facility operator of a transfer station, a material recovery facility receiving mixed waste, an experimental facility, or a composting facility receiving yard waste.

"Class II license" means the authorization from the board to act as a waste management facility operator of a facility that composts municipal solid waste, a sanitary landfill, an industrial landfill, a construction landfill, or a debris landfill.

"Class III license" means the authorization from the board to act as a waste management facility operator of an infectious waste incinerator or autoclave.

"Class IV license" means the authorization from the board to act as a waste management facility operator of a municipal waste combustor.

"Closed facility" means a solid waste management facility that has been properly secured in accordance with an approved facility closure plan.

"Closure" means an act of securing a solid waste management facility pursuant to the requirements established by the Virginia Department of Environmental Quality or appropriate regulatory authority.

"Contact hour" means 50 minutes of participation in a group program or 60 minutes of completion time for a project.

"Continuing professional education/training (CPE/T)" or "CPE/T" means an integral part of the lifelong learning process that enables a licensed solid waste management facility operator to maintain and increase the competence required to assure the public's protection, which shall be pursued through an organized program or project in compliance with this chapter.

"Department" means the Department of Professional and Occupational Regulation.

"Full-time employment" means 1,760 hours per year or 220 work days per year.

"In charge" means the designation of any person by the owner to have duty and authority to operate or modify the operation of a waste management facility.

"License" means an authorization issued by the board to an individual to practice as a waste management facility operator who meets the provisions of this chapter.

"Municipal solid waste (MSW)" means that waste that is defined as "municipal solid waste" in 9VAC20-80-10 9VAC20-81-10.

"Municipal waste combustor" means a mass burn or a refuse derived fuel incinerator or facility designed or modified for the purpose of noninfectious solid waste combustion.

"Operation" means any waste management facility that is under construction, treating, processing, storing, or disposing of solid waste, or in the act of securing a facility for closure.

"Organized program" means a formal learning process designed to permit a participant to learn a given subject or subjects through interaction with an instructor in a formal course, seminar, or conference.

"Owner" means the person who owns a solid waste management facility or part of a solid waste management facility.

*"Person" means an individual, corporation, partnership, association, governmental body, municipal corporation, or any other legal entity, as defined in § 54.1-2209 of the Code of Virginia.

"Project" means a learning process designed to permit a participant to perform work assigned by the owner, operator, or manager of a waste management facility under the supervision of a knowledgeable person that results in a specific, predetermined end result and that increases the participant's competence to practice as a waste management facility operator.

"Site" means within the vicinity of all land and structures, other appurtenances, and improvements thereon used for treating, storing, and disposing of solid waste. This term includes adjacent land within the property boundary used for the utility systems such as repair, storage, shipping, or processing areas, or other areas incident to the management of solid waste.

"Solid waste" means any of those materials defined as nonhazardous solid waste in regulations promulgated by the Virginia Department of Environmental Quality.

"Storage" means housing a solid waste as consistent with the regulations of the Virginia Waste Management Board.

"Substantial change" means a deviation from a specific course that decreases the approved time of the course by more than 30 minutes or modifies the topics of the approved course to below the target levels of knowledge, as stated in the course application.

*"Waste management facility" means a site used for planned treatment, storage, or disposal of nonhazardous solid waste, as defined in § 54.1-2209 of the Code of Virginia.

*"Waste management facility operator" means any person, including an owner, who is in charge of the actual, on-site operation of a waste management facility during any period of operation, as defined in § 54.1-2209 of the Code of Virginia.

*As defined by Chapter 22.1 (§ 54.1-2209 et seq.) of Title 54.1 of the Code of Virginia.

18VAC155-20-110. License classification.

A. The applicant shall apply for at least one classification of license as outlined below:

1. An individual operating a facility that is defined by the Department of Environmental Quality as a transfer station, a material recovery facility receiving mixed waste, an experimental facility, or a composting facility receiving yard waste shall hold a Class I license. An individual who has obtained a Class II, III or IV license may also operate a facility listed under Class I, if the individual has completed the board-approved basic training course.

2. An individual operating a facility that composts municipal solid waste, or is defined by the Department of Environmental Quality as a sanitary, industrial, construction, or debris landfill, shall hold a Class II license.

3. An individual operating a facility defined by the Department of Environmental Quality as an infectious waste incinerator or an autoclave shall hold a Class III license.

4. An individual operating a facility defined by the Department of Environmental Quality as a municipal waste combustor shall hold a Class IV license.

B. A licensee may not operate a facility outside of his classification other than that defined by subdivision A 1 of this section.

C. An individual operating a solid waste management facility that has been issued a permit by the Department of Environmental Quality but for which the board has not established training and licensure requirements shall hold a Class I license until the board establishes the training and licensing requirements by regulation.