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07.17.2013 Virginia Environmental Regulatory Developments (May - June 2013)

BY:  LYNNE C. RHODE, JOHN W. DANIEL II & CHANNING J. MARTIN

VIRGINIA WASTE MANAGEMENT BOARD

A. Final Regulations

1. Administrative Procedures for Hazardous Waste Facility Site Certification, 9 VAC 20-40 (amending 9 VAC 20-40-60, 9 VAC 20-40-80, 9 VAC 20-40-130, 9 VAC 20-40-140).

Statutory Authority: §§ 10.1-1434 and 10.1-1436 of the Code of Virginia.

Effective Date: July 17, 2013.

Summary:   The amendments allow notifications associated with siting of new hazardous waste facilities to be sent via postal or electronic mail. The amendments allow for electronic or postal mail notifications to interested individuals regarding (i) any notice of intent to file an application for a certification of site approval, (ii) a briefing meeting to discuss such an application, (iii) the public hearing associated with such an application, (iii) the decision of the Director of the Department of Environmental Quality to allow a petitioner to become a party to such a hearing regarding an application, and (iv) the final decision of approval or denial of the application. The amendments are required by statutory changes to § 10.1-1183 of the Code of Virginia by Chapter 348 of the 2013 Acts of Assembly.

Volume 29, Issue 21 Virginia Register of Regulations 2555 (June 17, 2013).

2. Regulations Governing the Transportation of Hazardous Materials,  9 VAC 20-110 (amending 9 VAC 20-110-110).

Statutory Authority: §§ 10.1-1450 and 44-146.30 of the Code of Virginia; 49 USC § 1809-1810; 49 CFR Parts 107, 170-180, 383, and 390-397.

Effective Date: July 17, 2013.

Summary:   The amendment incorporates certain federal amendments to regulations governing the transportation of hazardous materials promulgated by the U.S. Secretary of Transportation as of October 1, 2012.

Volume 29, Issue 21 Virginia Register of Regulations 2565 (June 17, 2013).

B. Fast-Track Regulations

1. Financial Assurance Regulations for Solid Waste Disposal, Transfer and Treatment Facilities, 9 VAC 20-70 (amending 9 VAC 20-70-210).

Statutory Authority: §§ 10.1-1402 and 10.1-1410 of the Code of Virginia; 40 CFR Part 258.

Effective Date: August 1, 2013.

Summary:    The amendment allows local governments to use certain financial tests to ensure environmental costs for solid waste management facilities up to 43% of the total annual revenue without submission of an additional mechanism to cover any amount over 20% of revenues.

Volume 29, Issue 21 Virginia Register of Regulations 2558 (June 17, 2013).

2. Solid Waste Management Permit Action Fees and Annual Fees, 9 VAC 20-90 (amending  9 VAC 20-90-120).

Statutory Authority: § 10.1-1402 of the Code of Virginia.

Effective Date: August 1, 2013.

Summary:    This regulatory action decreases the fee for a corrective action (Module XIV) permit at a solid waste landfill to $3,000.

Volume 29, Issue 21 Virginia Register of Regulations 2562 (June 17, 2013).

3. Regulations Governing the Transportation of Hazardous Materials, 9 VAC 20-110 (amending 9 VAC 20-110-110).

Statutory Authority: §§ 10.1-1450 and 44-146.30 of the Code of Virginia; 49 USC § 1809-1810; 49 CFR Parts 107, 170-180, 383, and 390-397.

Effective Date: July 17, 2013.

Summary:   The amendment incorporates certain federal amendments to regulations governing the transportation of hazardous materials promulgated by the U.S. Secretary of Transportation as of October 1, 2012.

Volume 29, Issue 21 Virginia Register of Regulations 2565 (June 17, 2013).

4. Virginia Hazardous Waste Management Regulations, 9 VAC 20-60 (amending 9 VAC 20-60-430).

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.

Effective Date: July 4, 2013.

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

Volume 29, Issue 19 Virginia Register of Regulations 2324 (May 20, 2013).

5. Regulated Medical Waste Management Regulations, 9 VAC 20-120 (amending 9 VAC 20-120-280, 9 VAC 20-120-490; repealing 9 VAC 20-120-480).

Statutory Authority: § 10.1-1402 of the Code of Virginia.

Effective Date: July 4, 2013.

Summary:   The state registration requirements for transporters of medical waste are duplicative of the federal registration requirements and unnecessary as the information received from the registration under 9VAC20-120 can be obtained from the federal registration. Therefore, this action repeals the registration requirements under 9VAC20-120-480 and amends 9VAC20-120-280 and 9VAC20-120-490 to conform.

Volume 29, Issue 19 Virginia Register of Regulations 2326 (May 20, 2013).

STATE WATER CONTROL BOARD

A. Fast-Track Regulations

1. Procedural Rule No. 3 - Certification Pursuant to 33 USC § 1341 ("401" Certification): Procedures for Applications, for Issuance, and for Requests for Modification or Revocation, 9 VAC 25-240 (repealing 9VAC25-240-10 through 9VAC25-240-70).

Statutory Authority: § 62.1-44.15 of the Code of Virginia; § 401 of the federal Clean Water Act.

Effective Date: July 4, 2013.

Summary:  The State Water Control Board is repealing this regulation, which provides for the issuance of a certification by the board that a proposed activity that may result in a discharge to state waters meets the requirements of the federal Clean Water Act. This regulation has been superseded by the Virginia Water Protection Permit Regulation (9VAC25-210) and is no longer necessary.

Volume 29, Issue 19 Virginia Register of Regulations 2328 (May 20, 2013).