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                            Virginia Department of 
                             Environmental Quality
                                       
                              Program Description
                                  Revision VI
                                     2022
                                             

Section 1. Introduction	4
Section 2. Program Scope, Structure, Coverage, and Processes	5
A.	Scope and Coverage of Program	5
B.	Discussion of Each of the Six Statutory Tests	22
C.	General Correspondence between Virginia Regulations and Federal Regulations	32
Table 1.	32
Section 3. State Agency Responsibilities	32
A.	Organization and Structure of the Hazardous Waste Management Program	32
B.	Structure Virginia VDEQ of Environmental Quality	33
C.	Procedures for Coordination Among Agencies	33
D.	Description of Relevant Memorandums of Understanding (MOUs) Between Agencies	33
E.	Division of Responsibility between Virginia and EPA	33
Section 4. Staffing and Funding Resources	33
A.	Description of Staffing of VDEQ	33
Table 2	33
B.	Overall Changes to Existing Resources for Previously Authorized Program	35
C.	Itemization of Estimated Costs and Sources of Funding	35
Table 3	37
Section 5. State Procedures, Permitting, Programs and Coordination with other Agencies	39
A.	Regulatory Development - §271.6(c)	39
B.	Notification	44
C.	Coordination of Information regarding Interstate and International Shipments	44
D.	Permitting/Closure/Corrective Action Review Procedures - §271.6(c)	44
E.	Interim Status Facility	49
F.	Biennial Reports	49
G.	Enforcement General Inspections	49
H.	Waste Minimization/Pollution Prevention	49
I.	Availability of Information Procedures	50
J.	Appeal Procedures	50
Section 6. Compliance Tracking and Enforcement	50
A.	General  -  40 CFR 271.6(e)	50
B.	Identification of the Regulated Community	51
C.	Inspection and Workload Analysis	51
D.	Data Management	52
E.	Compliance Monitoring	52
F.	Enforcement Process	53
G.	Inspection Practices and Procedures	58
H.	Compliance/Enforcement Organization  -  40 CFR §§ 271.6(b), 271.6(e) and 271.15(b)	59
I.	Radioactive and Hazardous (Mixed) Waste Management Capabilities -  40 CFR §271.6(b)(1)	59
J.	Manifest System  -  40 CFR §271.6(f)	59
Section 7. Estimated Regulated Activities	60
A.	Estimated Types and Number of Regulated Activities - §271.6(g)-(h)	60
Table 4	61
*Based on 2019 RCRAInfo data	61
B.	Use of Federal Forms - §271.6(d)	62
Section 8. Copies of State Forms	62
Appendix A	63
Links to Online References	63
Section 9. List of Attachments	64
Attachment I -Organizational Charts: Virginia Department of Environmental Quality	64
Attachment II- Memorandum of Understanding Between EPA and DEQ	64
Attachment III- RCRAInfo Technical Document	64
                                             
                                             
                                             
            
                            Section 1. Introduction
            
The purpose of Section 1 is to introduce the Virginia Department of Environmental Quality (VDEQ), to explain its history as an agency, to provide a historical account of the United States Environmental Protection Agency (EPA) authorizations for the VDEQ program, and to indicate the nature of the remainder of the document. Section 2, in Part A, focuses on the changes to the regulation since base authorization in 1984 and indicates which elements of the current regulatory program of Virginia are more stringent or broader in scope that the federal program. Part B discusses, item by item, how Virginia's program is equivalent and no less stringent regarding key statutory tests of RCRA. Part C provides details on general correspondence between Virginia regulations and Federal regulations. Section 3 explains the structure and resources of the VDEQ that are available for conducting the hazardous waste management program and the relationship with the EPA. Section 4 lists the personnel and financial resources available for the program. Section 5 provides the twelve significant processes used by VDEQ to conduct the program, including regulatory development, permitting and corrective action. Section 6 explains what compliance means with the regulations, how it will be determined, and the procedures for enforcement action in case of non-compliance. Section 7 lists the estimates of regulated activities that will provide the caseload of the program. Section 8 would normally contain a list of forms used by the program; however, in this case, all the forms are a part of the federal program. Section 9 consists of the Attachments that support the other sections. These nine parts work together to describe in detail the program for which authorization is sought, to establish not only that the program is equivalent and consistent with the analogous federal program, but to demonstrate that VDEQ's program has developed systems and resources it must have to be the equivalent of the federal effort. 

Since the inception of the federal hazardous waste management program, Virginia has participated in the process created by EPA for states to assume their roles in this important national program. On December 18, 1984, the EPA Region III Administrator granted final authorization to the Virginia Department of Health to operate the base hazardous waste management program. The 1986 session of the Virginia General Assembly created the Department of Waste Management under the new cabinet-level Secretary of Natural Resources. The same action made the new Department the successor in interest to the Department of Health in authority, duty and responsibility for solid, hazardous, or radioactive waste. The Assembly also retained in force all the regulations that the Board of Health had issued in those areas. The 1992 General Assembly established the new Virginia Department of Environmental Quality consisting of the Department of Air Pollution Control, the Department of Waste Management, the State Water Control Board and the Council on the Environment. On September 29, 2000, the EPA Region III Administrator granted final authorization to VDEQ to operate the full hazardous waste management program. The Virginia Waste Management Act (VWMA) enacted by the 1986 session of the General Assembly and recodified in 1988 as Chapter 14, Title 10.1, Code of Virginia, forms the basis for the Virginia program. During the years it has operated the program, Virginia made all the changes that were necessary to keep it consistent with the federal program authorization requirements.

In 2000, the VDEQ submitted a Program Description and other documents known as Revision I, that was the basis on which the EPA Region III Administrator granted final authorization on September 29, 2000; Revision II was approved by EPA on June 20, 2003. Revision I included a full Program Description and Revision II included a supplement to the Program Description that replaced several sections, reflecting program changes between 2000 and 2002.  In 2004, the VDEQ submitted a supplement to the Program Description known as Revision III, which describes the program changes between 2002 and 2004. 

Revision IV and Revision V did not include updates to the Program Descriptions but did contain supplements that described the changes to the program in the applicable years for each revision. In 2007, VDEQ submitted Revision IV that contained a supplement describing the program changes to include federal regulatory changes occurring between July 1, 2004, and June 19, 2006. VDEQ submitted Revision V in 2012 that contained a supplement describing the program changes between 2006 and 2011. Amendments in statutory authority made by the General Assembly for 2008 and 2010 were noted in the supplement submitted with Revision V. VDEQ is seeking to continue all previously authorized program elements and extend our authorization for additional elements as detailed in the 2022 authorization package known as Revision VI.

         Section 2. Program Scope, Structure, Coverage, and Processes

    Scope and Coverage of Program

   The Virginia Hazardous Waste Management Program provides the coverage of program elements corresponding to 40 CFR  Parts 124, 261-266, 268, 270, 273, and 279 and 49 CFR Part 172, 173, 178, and 179 as required by the regulations of the federal program in 40 CFR 271. This coverage was achieved through a series of regulatory and program-related actions. Virginia has adopted the "incorporation by reference" method for developing its hazardous waste management regulations. 9VAC 20-60-18, establishes the date of final federal regulations adopted by incorporation into the Virginia Hazardous Waste Management Regulations (VHWMR). This incorporation is subject to several specific exceptions to the federal regulations that are set out in detail in the regulation and discussed later in this document. This practice of annual immediate final rules to update the date of federal amendments incorporated into the VHWMR is established and expected to continue into the foreseeable future.
   
 Amendment 1, effective October 1, 1981, represented Virginia's first step toward assuring continuing conformity with the federal program by amending its penalties to the levels required by 40 CFR 271.16.

 The Virginia Board of Health adopted Amendment 2 to the VHWMR on July 21, 1982. This Amendment contained all changes to the federal regulations as of June 30, 1981, and included final facility regulations as of that date. The Amendment became effective on December 1, 1982. It greatly changed the method used to describe the listing of hazardous wastes. The regulations initially adopted the federal listings by reference. At the urging of the regulated community, Virginia switched to duplicating all federal listings as they appeared in 40 CFR 261.	

 On March 16, 1983, the Board of Health adopted Amendment 3. It contained regulations addressing financial assurance, liability, closure and post-closure plans and cost estimates. The regulations became effective July 1, 1983. The Amendment set up the state financial assurance requirements, mirroring those contained in 40 CFR Parts 264 and 265 -- with one significant exception. At that time, § 32.1-182 of the Code of Virginia exempted local governmental agencies from the financial assurance requirements. The Attorney General addressed this discrepancy in the Phase II A and B Interim Authorization. At that time, Virginia had to commit itself to assume financial responsibility for a facility that was owned and operated by a local governmental agency before a permit could be issued. Facilities, owned by local governments but operated by private entrepreneurs or non - governmental agencies, were not exempt from the financial assurance requirements. In response to EPA comments on the Attorney General's Statement, VDEQ altered the Memorandum of Agreement. The Agreement assured that if local government found itself in need of interim status, the State would call in the permit application. This would make the application incomplete and VDEQ would not issue the permit. While this arrangement was acceptable under Interim Authorization, EPA would not accept this solution for Final Authorization. Consequently, amendments to the State's basic legislation were introduced and passed to bring the State's program into conformance with the federal requirements.

 The Board of Health promulgated Amendment 4 on July 13, 1983. This Amendment included all changes to federal regulations issued by EPA on or before July 26, 1982. The effective date of these regulations was November 1, 1983.

 Amendment 5 contained all changes in the federal regulations between August 1, 1982, and August 1, 1983. The effective date of the amendment was September 20, 1984. The Virginia Department of Health received final authorization to conduct the Virginia Hazardous Waste Management program on December 18, 1984.

 By amending the Virginia Code, the 1983 General Assembly authorized the Board of Health to charge permit application fees to provide support to the hazardous waste management facility permitting program. The Assembly also set up a special fund for this purpose. Amendment 6 detailed the fee system and fee schedule.

 Amendment 7 contained all the changes in the federal regulations promulgated between August 1, 1983, and July 1, 1985. The effective date of the amendment was April 1, 1986. It included the major redefinition of solid wastes and Hazardous and Solid Waste Amendments (HSWA) requirements that appeared in final form before July 1, 1985.

 The 1986 session of the General Assembly created the Department of Waste Management under the supervision of the new Secretary of Natural Resources. The Assembly also transferred the responsibility for the Hazardous Waste Management Program from the Department of Health to the Department of Waste Management and created the Virginia Waste Management Board as the governing body. The Virginia Waste Management Act was recodified in 1988 and amended since that date, to include amendments made by the 1999 session of the General Assembly. This Act empowered the newly created VDEQ to conduct the existing program.

 On September 22, 1987, the Virginia Waste Management Board approved Amendment 8 with an effective date of January 1, 1988. The amendment contained changes in the federal regulations promulgated between July 1, 1985, and October 24, 1986. It included the HSWA codification rule, small quantity generator requirements, settlement agreement, liability coverage, and the tank storage and treatment standards, as well as other minor changes issued by the EPA during that period.

 On October 18, 1988, the Virginia Waste Management Board promulgated Amendment 9 to the VHWMR with an effective date of January 1, 1989. The amendment contained all the changes in the federal regulations adopted before December 31, 1987. It included changes in the hazardous waste listings, land disposal restrictions, closure requirements for interim status surface impoundments, listing of hazardous constituents for groundwater monitoring, provisions for the corporate guarantee, HSWA codification rule 2, and standards for miscellaneous units.

 On November 20, 1989, the Virginia Waste Management Board promulgated Amendment 10 to the VHWMR with an effective date of February 1, 1989. The amendment contained all the changes in the federal regulations adopted before January 31, 1989. It included changes in the hazardous waste listings, treatability studies sample exemption, land disposal restrictions for first third scheduled wastes, financial responsibility changes, changes in standards for tank systems, new permit modification procedures, and new statistical methods for evaluating groundwater monitoring data.

 The 1990 session of the General Assembly amended the Waste Management Act by increasing the penalties from $10,000 to $25,000 and by creating a new "superpenalty" similar to RCRA § 3008(e) for knowing violations of hazardous waste standards that place another person in imminent danger of death or serious bodily injury (Va. Code § 10.1-1455H). The 1991 session of the General Assembly also added a provision that any person who knowingly and willingly abandons a hazardous waste management facility without a proper closure or without providing adequate financial assurance may be guilty of Class 4 felony (Va. Code § 10.1-1428.F). The 1992 session of the General Assembly further added a provision that a permit may be revoked by the Director if any key personnel have been convicted of a list of felonies or have been adjudged by an administrative agency or a court of competent jurisdiction to have violated the environmental protection laws of the United States, Virginia, or any other state, and the Director determines that such a conviction or adjudication is sufficiently probative of the permittees' inability or unwillingness to operate the facility in a lawful manner as to warrant such revocation or denial (Va. Code § 10.1-1427.A.).

 Amendment 11 to the VHWMR, effective July 1, 1991, contained all federal changes from February 1, 1989, to June 29, 1990, and added land disposal restrictions for both the second and third third of wastes, eliminated certain exclusions for mining wastes, changed and inserted new listings for hazardous wastes, promulgated the toxicity characteristic changes to include technical corrections, and added standards that limit air emissions at hazardous waste treatment storage and disposal facilities.

 Amendment 12, effective January 14, 1993, contained all federal changes promulgated between July 1, 1990, and July 17, 1991. It contained changes to the toxicity characteristics, hazardous waste listings, technical corrections to land disposal restrictions and air emission standards, and addition of requirements for boilers and industrial furnaces and wood preserving wastes. Administrative stays were not promulgated in Virginia.

 Amendment 13, effective September 8, 1993, was devoted solely to the changes in the federal requirements for wood preserving wastes promulgated on December 24, 1992.

 Amendment 14, effective February 17, 1999, removed most of the text of the regulations as they had previously existed and substituted new text incorporating the federal regulatory text in Title 40 of the Code of Federal Regulations. Incorporated text included all or parts of 40 CFR 124, 260, 261, 262, 263, 264, 265, 266, 268, 270, 273, and 279. Because the change was made late in the amendment process, it was necessary to adopt the incorporated text of the federal regulations as they existed on September 19, 1994, except that the Universal Waste Rule modifications of May 11, 1995, were also incorporated. Where Virginia had in place more stringent or broader rules, exceptions to the incorporation by reference were listed in the regulations. Chapters of the regulations addressing the submission of notices of hazardous waste management facilities, regulation of transporters, permitting procedures and fees, and administrative procedures were modified but continued as a part of the regulations in addition to the incorporation of federal text by reference. A new chapter was added to the VHWMR to list waste-specific rules for universal waste recognized by Virginia, but not a part of the federal program. In Amendment 14, mercury-containing lamps was the only universal waste in this category.

 Amendment 15C, effective on November 8, 2000, incorporated changes to Title 40 of the Code of Federal Regulations that had occurred since Amendment 14 through at least July 1, 1999, including amendments promulgated in the Federal Register on the following dates: January 3, 1995; January 13, 1995; January 4, 1994; February 9, 1995; April 17, 1995; May 12, 1995; April 4, 1995;; June 29, 1995; July 11, 1995; December 11, 1995; February 9, 1996; March 26,1996; April 8, 1996 (2); April 30, 1996; June 28, 1996; July 10, 1996; August 26, 1996; February 17, 1997; April 12, 1996; July 1, 1996; December 6, 1994; May 19, 1995; September 29, 1995; November 13, 1995; February 9, 1996; June 5, 1996; November 23, 1996; January 14, 1997; February 12, 1997; May 12, 1997; June 13, 1997; June 17, 1997; July 14, 1997; August 28, 1997; December 5, 1997; December 8, 1997; April 15, 1998; May 4, 1998; June 29, 1998; May 6, 1998; July 14, 1998; May 26, 1998; June 8, 1998; June 19,1998; August 6, 1998; October 9, 1998; August 31, 1998; August 26, 1998; August 28, 1999; September 24, 1998;  October 22, 1998; November 30, 1998; December 24, 1998; January 21, 1999; February 11, 1999; May 11, 1999; May 14, 1999; July 6, 1999; October 20, 1999; January 14, 2000, February 23, 2000; March 8, 2000; March 17, 2000; May 22, 2000; and June 8, 2000 . The amendment also established July 1, 2000, as the date of reference for all incorporated federal regulatory text.

 Immediate Final Rule Amendment 2001, effective November 21, 2001, addressed only 9VAC 20-60-18, the section making the specification of the date of incorporated text. This section was amended by striking the previous prescribed date and adopting the new date of July 1, 2001, thus making it the new date of reference of all incorporated federal regulatory text. The text was modified to make it clear that federal regulations adopted as final by EPA before July 1 are incorporated, even when the effective date occurs after July 1. 

 Amendment 15A effective March 13, 2002, provided for additional federal text in replacement of analogous Virginia text. In particular, Amendment 15A deleted the text describing the permitting process located in Part XI (9VAC 20-60-960 through 9VAC 20-60-1250) and replaced it with incorporation of analogous text at 40 CFR 270 and elsewhere in Title 40 of the federal regulations. Changes in Part II of the regulations included the removal of outdated and conflicting review provisions now covered by executive order. Other changes included the removal of verbatim quotation of the statutes regarding powers of the board, powers of the director, powers of VDEQ, and enforcement penalties and options. That text was replaced with direct citations to the statutes. In Part II of the regulations, the incorporation of federal text into Virginia regulations was expanded in 9VAC 20-60-124 and 9VAC 20-60-270 to coincide with the removal of all analogous text of Part XI. In addition, text from Part XI that is not clearly contained in and redundant with federal regulations is transferred to 9VAC 20-60-124 B and 9VAC 20-60-270 B. In 9VAC 20-60-261, text was revised to direct "conditionally exempt small quantity generators" to the Solid Waste Management Regulations for the rule about the disposal of exempt hazardous waste in solid waste facilities; removing a redundant regulatory control (the rule is unchanged since the two regulations have the same rule). In 9VAC 20-60-262, generators are required to see that the transporters or facility, to which they transfer the hazardous waste, have the proper identification number and permit required by the regulations. In addition, in 9VAC 20-60-262, the requirement is removed for generators to give a fifteen-day prior notification before creating a new accumulation area. In 9VAC 20-60-264, the use of "hazardous constituent" as used in 40 CFR 294.93 is expanded to include 40 CFR 294, Appendix IX constituents, and 40 CFR 264.94(a)(2) is changed to include current primary drinking water standards rather than an outdated table included in the federal text. Since Amendment 14 was adopted, the EPA has adopted its own universal waste standards for mercury-containing lamps. This result is that there is no longer a need for separate Virginia universal waste requirements, and in Part XVI the previous standard is removed. However, provisions related to crushing of bulbs that were a part of the current Virginia standard but are not a part of the federal standard are retained and relocated to 9VAC 20-60-273. In Part IV at 9VAC 20-60-355, the generator is required to have and use an EPA identification number. The section explains that these are available from VDEQ and establishes procedures to allow for issuance of provisional numbers. In Part VII, the requirement for transporters to file an annual report and the forms for that report are reinstated as they existed prior to Amendment 14. In Part XII, the nomenclature for permit modification classification is changed to match the federal nomenclature. Also, language is added to clarify how corrective action permits fit with the permit fee schedule. In Part XIV, language is proposed to allow VDEQ to issue a matching variance from state regulations after the EPA has delisted a waste from being a hazardous waste. Also, procedures were reinstated to allow VDEQ to issue a variance to recycled materials such that they are no longer defined to be a solid waste for the purposes of the regulations.

 Amendment 15B, effective March 13, 2002, removed text that could have been interpreted to require low-level radioactive waste to be managed as a hazardous waste whereas only "mixed radioactive waste" is intended to be included under the requirements of the Chapter. This action resulted in the repeal of 9VAC 20-60-261 B 8 in its entirety.  No other part of the Chapter 60 was modified with this action.

 Immediate Final Rule Amendment 2002 effective March 26, 2003, amended only 9VAC 20-60-18, the section making the specification of the date of incorporated text. This section was altered by striking the previous prescribed date and adopting the new date of July 1, 2002. The changes to the federal Hazardous Waste Regulations made between July 1, 2001, and June 30, 2002, were incorporated by reference.  These included 66 FR 35087, 66 FR 50332, 66 FR 58258, 67 FR 17119, and 67 FR 2962.

 Amendment 16 effective on July 1, 2003, adjusted the permit fee system to ensure that the regulations continued to be appropriate in structure and fee amounts.  The fees were last adjusted in 1984. Changes were also made related to the responsibility for publishing and broadcasting of notices wherein the costs were transferred from the general taxpayer to the applicant or petitioner, who receives a permit or variance.  Financial assurance requirements were also revised to include additional and more specific documentation of the financial assurance provided by the owner/operator. These changes were necessary to protect Virginia and the local host community from financial loss in the event the site must be closed and the owner is unavailable or insolvent. Other changes involved clarifying the language of the regulations, to reinstate provisions inadvertently removed by Amendment 15A, or to better align the regulations with federal requirements.

 Immediate Final Rule 2003 effective November 5, 2003, addressed only 9VAC 20-60-18, the section making the specification of the date of incorporated text. This section was altered by striking the previous prescribed date and adopting the new date of July 1, 2003, thus making it the new date of reference of all incorporated federal regulatory text. Changes to the federal hazardous waste management regulations between July 1, 2002, and June 30, 2003, were incorporated by reference.  These included 67 FR 48393, 67 FR 62617 and 67 FR 77687.

 Immediate Final Rule 2004 effective September 8, 2004, addressed only 9VAC 20-60-18, the section making the specification of the date of incorporated text. This section was altered by striking the previous prescribed date and adopting the new date of July 1, 2004, thus making it the new date of reference of all incorporated federal regulatory text. Changes to the federal hazardous waste management regulations between July 1, 2003 and June 30, 2004 were incorporated by reference.  These included 68 FR 44659, 68 FR 44652, 68 FR 46951, 68 FR 53517, 69 FR 6567, 69 FR 8828, 69 FR 21754, 69 FR 21737 and 69 FR 30227.

 Amendment 17 effective July 1, 2004, modified the fee schedule to add new annual fees to be paid by facilities and large quantity generators of hazardous waste, as authorized by the 2004 General Assembly.  The new rules specify procedures for the payment of the fees and describe discounts for participants in the Virginia Environmental Excellence program. The amendment also added requirements for anyone who becomes a large quantity generator or ceases to be a large quantity generator to immediately notify VDEQ in writing of this change.

 Immediate Final Rule 2006 effective August 23, 2006, addressed only 9VAC 20-60-18, the section making the specification of the date of incorporated text. This section was altered by striking the previous prescribed date and adopting the new date of July 1, 2006, or final federal regulations with an effective date of August 23, 2006, or later, thus making it the new date of reference of all incorporated federal regulatory text. Changes to the federal hazardous waste management regulations between July 1, 2006, and August 23, 2006, were incorporated by reference.  However, 71 FR 35395 (June 20, 2006) and 71 FR 35548 (June 21, 2006) were not incorporated.

 Immediate Final Rule 2007 effective February 6, 2008, addresses only 9VAC 20-60-18, the section making the specification of the date of incorporated text. This section was altered by striking the previous prescribed date and adopting the new date of July 1, 2007, thus making it the new date of reference of all incorporated federal regulatory text. The effective date of the incorporated text will be the effective date as published in the Federal Register notice or the effective date of this amendment, whichever is later. This action also provided regulations required by § 10.1- 1425.26.B. of the Code of Virginia, "The Board shall promulgate regulations to encourage cathode ray tube and electronics recycling."  Changes to the federal hazardous waste management regulations between June 20, 2006, and June 30, 2007, were incorporated by reference.  These included 71 FR 35395, 71 FR 35547, 71 FR 40153, 71 FR 42917, 71 FR 43067, 72 FR 43, 72 FR 4645, 72 FR 31185 and 72 FR 35666.

 Immediate Final Rule 2008  -  2009 addressed only 9VAC 20-60-18, the section making the specification of the date of incorporated text. This section was altered by striking the previous prescribed date and adopting the new date of July 1, 2009, thus making it the new date of reference of all incorporated federal regulatory text. The effective date of the incorporated text will be the effective date as published in the Federal Register notice or the effective date of this amendment, whichever is later. Additionally, in order for the chapter to operate properly, some additional specifications about what portions of the federal rules are not being adopted were added to 9VAC 20-60-260, 9VAC 20-60-261, and 9VAC 20-270.

 Immediate Final Rule 2008  -  2010 effective March 2, 2011, addressed 9VAC 20-60-18; 9VAC 20-60-260; 9VAC 20-60-261, and 9VAC 20-60-270. Section 9VAC 20-60-18 was revised, making the specification of the date of the incorporated text. This section was altered by striking the previous prescribed date and adopting the new date of July 1, 2010, thus making it the new date of reference of all incorporated federal regulatory text. Sections 9VAC 20-60-260; 261, and 270 have been amended to revise a Federal Register reference. These sections were altered with the revision of a Federal Register reference. Section 9VAC 20-60-261 was also amended to update the VDEQ mailing address and to provide for the adoption of more stringent conditions applicable to comparable fuels that were promulgated concurrently with the "emission comparable fuel" (ECF) exclusion on December 19, 2008. This section was altered with the updating of the DEQ address; the revision of a Federal Register reference and the deletion of the previous exclusion of "optional requirements" related to the RCRA Comparable Fuel Exclusion. Changes to the federal hazardous waste management regulations between July 1, 2008 and June 30, 2010 were incorporated by reference.  These included 73 FR 77963, 75 FR 33712, 75 FR 1236, 75 FR 12989 and 75 FR 31716.

 Amendment 8 to the Virginia Solid Waste Management Regulations (VSWMR) effective August 3, 2011, made style and form changes as well as technical corrections to that regulation.  A secondary action was to make appropriate changes to other waste management regulations. For the Virginia Hazardous Waste Management Regulations (VHWMR), this involved updating the references to the VSWMR from 9VAC 20-80 to 9VAC 20-81. 

 Immediate Final Rule 2011 effective February 15, 2012, addressed 9VAC 20-60-18. Section 9VAC 20-60-18 was revised, making the specification of the date of the incorporated text. This section was altered by striking the previous prescribed date and adopting the new date of July 1, 2011, thus making it the new date of reference for all incorporated federal regulatory text. Changes to the federal hazardous waste management regulations between July 1, 2010 and June 30, 2011 were incorporated by reference.  These included 75 FR 78918, 75 FR 79304 and 75 FR 16534.

 Amendment to update the VDEQ Mailing Address for regulations became effective on August 15, 2012.  The purpose was to update the old VDEQ mailing address with the current address in various Virginia Waste Management Regulations including the VHWMR.

 Immediate Final Rule 2012 effective on February 28, 2013, addressed 9VAC 20-60-18. Section 9VAC 20-60-18 was revised, making the specification of the date of the incorporated text. This section was altered by striking the previous prescribed date and adopting the new date of July 1, 2012, thus making it the new date of reference for all incorporated federal regulatory text. Changes to the federal hazardous waste management regulations between July 1, 2011 and June 30, 2012 were incorporated by reference.

 Amendment to Remove Hazardous Waste Transporter Annual Report became effective on July 4, 2013.  The amendment removed the requirement for hazardous waste transporters to submit an annual report for hazardous waste transportation activities to VDEQ.

 Annual Update 2013 effective on March 12, 2014, addressed 9VAC 20-60-18. Section 9VAC 20-60-18 was revised, making the specification of the date of the incorporated text. This section was altered by striking the previous prescribed date and adopting the new date of July 1, 2013, thus making it the new date of reference for all incorporated federal regulatory text. Changes to the federal hazardous waste management regulations between July 1, 2012 and July 31, 2013 were incorporated by reference.  This included 78 FR 46448 (solvent contaminated wipes).

 Clarification of Accumulation Area Notice effective on July 30, 2015, amended the regulations to clarify the accumulation area notification requirements in 9VAC 20-60-262 to make it clear that these requirements only apply to Large Quantity Generators.

 Amendment to Eliminate Hazardous Waste Transporter Requirements effective August 27, 2014, modified the regulations in response to Chapter 139 of the 2014 Acts of Assembly. As of July 1, 2014, a permit is not required to transport hazardous waste, and modifications were made to the regulation to remove this requirement. Transporters of hazardous waste must continue to comply with federal and state regulations that address the transportation of hazardous waste. A hazardous waste transporter will continue to be required to have an EPA identification number before it may transport hazardous waste.

 Annual Update 2014 became effective April 8, 2015.  This regulatory amendment incorporated the latest Title 40 of the CFR to the one as published in the July 1, 2014 update. As part of this regulatory action, EPA's Hazardous Waste Electronic Manifest Rule (e-Manifest Rule) which was promulgated on February 7, 2014 (79 FR 7518), was adopted. However, Annual Update 2014 did not incorporate the subdivisions of the e-Manifest Rule that would impose a possible fee that would be collected by EPA for use of the manifest system. Changes to the federal hazardous waste management regulations between July 1, 2015, and July 31, 2014, were incorporated by reference except as noted above. This included 79 FR 350, 79 FR 7518 and 79 FR 36220. 

 Annual Update 2015 became effective on January 27, 2016.  This regulatory amendment incorporated the latest Title 40 of the CFR to the one as published in the July 1, 2015, update.  As part of this regulatory action, the EPA's Definition of Solid Waste (DSW) as promulgated on October 30, 2008, and subsequently updated by the Revisions to the Definition of Solid Waste Rule promulgated on January 13, 2015 (80 FR 1694), were adopted. However, Annual Update 2015 did not incorporate the conditional exclusion for hazardous secondary materials that are managed in land-based units. This regulatory action amends the definition of "contained" to add condition (5) which clarifies that land-based units managing hazardous secondary materials will continue to be required to comply with the applicable provisions of the VHMWR for hazardous waste land-based units.

 Amendment 18 Mercury Containing Lamp Crushing became effective January 1, 2017.  Mercury-containing lamps are managed in accordance with the universal waste sections of 9VAC 20-60 and crushing of these lamps for size reduction is allowed under the VHWMR; however, the federal universal waste regulations do not allow crushing. In order to obtain approval for a state-equivalent program, Virginia submitted a request to EPA for the universal waste lamp requirements in 9VAC 20-60, which included crushing. In 2003, EPA proposed Virginia's regulations for crushing for approval but later withdrew that proposal due to adverse comments received. EPA recommended that Virginia make further changes to its universal waste regulations for mercury-containing lamps in order to address the comments and receive EPA approval for the mercury-containing lamp universal waste program. VDEQ has worked with EPA Region III in order to provide additional support for a demonstration of equivalency and to develop reasonable regulatory language.  The regulatory changes addressing lamp crushing were the culmination of that process and apply to universal waste lamp generators, handlers and destination facilities.

 Annual Update 2017 effective April 8, 2018, incorporated the latest Title 40 of the CFR to the one as published in the July 1, 2017, update. As part of this regulatory action, the EPA's Imports and Exports of Hazardous Waste final rule as promulgated on November 28, 2016, was adopted as well as the EPA's Hazardous Waste Generator Improvements Rule final rule as promulgated on November 28, 2016.

 Annual Update 2018 (Amendment 20) became effective on August 23, 2019.  This regulatory amendment brought the citations up to date and incorporated the 2018 annual edition of Title 40 of the CFR published on the July 1, 2018. However, the incorporation by reference of Title 40 of the Code of Federal Regulations did not include the provisions of EPA's Response to Vacatur of Certain Provisions of the Definition of Solid Waste Rule (83 FR 24664, 05/30/2018) as that rule is not being adopted in Virginia. Two additional EPA rules that were promulgated after July 1, 2018, were also incorporated by reference: (i) Safe Management of Recalled Air Bags (83 FR 61552, 11/30/2018); and, (ii) Management of Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine (84 FR 5816, 02/22/2019). In addition to the conforming changes incorporating the EPA rules, other changes were made in order to correct citations, update nomenclature, and fix grammatical errors.

   These amendments through Amendment 20 have modified Virginia's regulations to reflect changes in the federal program associated with the Non-HSWA Clusters I through VI (including the mixed waste program), HSWA Clusters I and II, and RCRA Clusters I through IV (excluding check lists 112,122, and 130) and Cluster V as described in checklists 135, 136, 137 (excluding the January 3, 1995 amendment), and 142 (A through E), and RCRA Cluster VIII through XXVII as described in checklists 167F, 227, 228, 229, 230, 231, 232, 233A, 233B, 233C, 233D2, 233E, 234, 235, 236, 237, 238, 239, 240, 241, and special consolidated checklist for the Recycled Used Oil Management Standards. 
   
   In the implementation of its program for radioactive mixed wastes, Virginia will defer determinations of national security related inconsistencies between the requirements of the Atomic Energy Act and those of RCRA to the proper federal Department, such as the Department of Energy or the Department of Defense. Any determination of inconsistency between the technical requirements of the Atomic Energy Act and the technical requirements of RCRA shall be made, after consultation with Virginia, the appropriate federal Secretary, and the Administrator of EPA. If such persons cannot agree on the determination, Virginia will make the final determination of technical inconsistency according to its authorization by EPA.
   
   Consolidated and special checklists have been incorporated into the Demonstration of Adequate Authority and indicate the difference between the federal program and that of Virginia. Virginia's program has conformed to every major requirement instituted by EPA for Final Authorization and program revisions, and is, therefore, equivalent to the federal program.
   Differences between Federal and Virginia Regulations
   
   Because the Virginia Waste Management Board must adopt each amendment of the federal regulations as an amendment to Virginia regulations before it becomes effective, Virginia regulations lag behind federal regulations chronologically. Experience since Revision V has shown that the lag following any particular federal amendment is between four and sixteen months. Each year, on or about December 1, an amendment of Virginia's regulations will be initiated to incorporate by reference the changes in federal regulations for the preceding year as set out in federal register notice for that period. Except for the adoption time difference, Virginia's regulations are equivalent but different, broader in scope, more stringent or identical to federal regulations. There have been several changes to the listing since Revision V, therefore the lists of differences in this section of Revision VI should be considered to replace the list of differences in the same section of Revisions I through V.
   
   In some areas, Virginia regulations are more stringent than federal regulations. It should be noted that the regulations contain two types of provisions: those that are incorporations of federal regulations and specific state regulations. In some cases, both types will address the same subject. Both incorporated and specific requirements must be complied with, if possible. If mutually exclusive requirements result for the incorporated and specific requirement, the more specific requirement is the equivalent or more stringent requirement and must be complied with lieu of the incorporated requirement. The following list contains the principal Virginia regulations that are more stringent than the federal requirements. With the exception of Virginia's more stringent requirements, generators in Virginia must comply with the federal requirements.

   Areas where Virginia regulations are more stringent include: 

 In 9VAC 20-60-260 B 2, the term "contained" as defined in 40 CFR 260.10 is appended such that hazardous secondary materials may not be managed in land-based units unless the land-based units meet the applicable standards of 40 CFR Parts 260 through 270 as incorporated by reference. This is more stringent than the Federal requirement.

 In 9VAC 20-60-260 B 14 it is stated that the EPA's 2018 amendments to 40 CFR 260 as a result of the Response to Vacatur of Certain Provisions of the Definition of Solid Waste Rule are not incorporated by reference but that the provisions of the 2015 DSW rule (80 FR 1694) are retained. The 2015 provisions are more stringent.

 9VAC 20-60-261 B 1 requires agreements submitted in accordance with 40 CFR 261.4(b)(11)(ii) to be submitted to both the EPA and the Director.

 9VAC 20-60-261 B 8 stipulates that a solid waste that is defined as hazardous waste in the state in which it is generated is considered to be a hazardous waste for the purpose of the VHWMR.

 In 9VAC 20-60-261 B 14 it is stated that the EPA's 2018 amendments to 40 CFR 261 as a result of the Response to Vacatur of Certain Provisions of the Definition of Solid Waste Rule are not incorporated by reference but that the provisions of the 2015 DSW rule (80 FR 1694) are retained. The 2015 provisions are more stringent.

 In 9VAC 20-60-262 B 4, generators accumulating hazardous waste in accordance with 40 CFR 262.34 on March 1, 1988, were required to notify VDEQ of that activity. Generators intending to open an accumulation area after March 1, 1988, are required to notify VDEQ of that intent 15 days before establishing the accumulation area. New generators are required to identify the location of accumulation areas when filing a Notification of Hazardous Waste Activity.

 In 9VAC 20-60-262 B 12, a very small quantity generator cannot send exempt hazardous waste to a solid waste facility unless that facility has written permission from VDEQ to receive such wastes.

 In 9VAC 20-60-263 B 1, a requirement is made that transportation of hazardous waste must comply with Part VII of the regulations. Part VII contains some provisions that are more stringent and broader in scope that the federal requirements of 40 CFR 263. The more stringent items are 9VAC 20-60-440 C requires that identification numbers be placed on correspondence and spill documents, 9VAC 20-60-480 G 2 does not allow the generator to designate an alternate facility on the manifest and requires the manifest to be revised instead, and 9VAC 20-60-490 C, D and E require additional parties be notified in the case of a discharge including discharges at fixed facilities.

 In 9VAC 20-60-264 B 4 and 9VAC 20-60-265 B 5, facilities are required to maintain records of tests and inspections of equipment required by 40 CFR 264.33 and 40 CFR 265.33.

 In 9VAC 20-60-264 B 5, 9VAC 20-60-265 B 6 and 9VAC 20-60-264 B 31 d, facilities are required to make a notice of an imminent or actual emergency to both the on-scene coordinator and the National Emergency Response Center, as opposed to choosing between the two as set out in 40 CFR 264.56(d)(2) and 40 CFR 265.56(d)(2). Further, the facilities are required to file the notice with the Virginia Emergency Operations Center and to include other information required by the Director in the incident report made as required by 40 CFR 264.56(i) and 40 CFR 265.56(i). 

 In 9VAC 20-60-264 B 6 the term "hazardous constituents" is expanded to include constituents identified in 40 CFR Part 264 Appendix IX in addition to those in 40 CFR Part 261 Appendix VIII.

 In 9VAC 20-60-264 B 7, Maximum Concentration Levels include all constituents for which EPA has established Maximum Contaminant Levels under the National Primary Drinking Water Regulations instead of the shorter list contained in the federal text at 40 CFR 264.94(a)(2).

 9VAC 20-60-264 B 9 , 9VAC 20-60-264 B 10, 9VAC 20-60-264 B 15  and 9VAC 20-60-264 B 22 contain additional provisions that pertain to the financial requirements that could be considered more stringent than the Federal requirements.  These include requirements that a surety or insurance company be licensed per Code of Virginia requirements, persons using a surety bond must submit with the bond a copy of the deed page documenting that the power of attorney of the attorney-in-fact has been recorded in accordance with Code of Virginia requirements, and a requirement that owner/operators submit confirmation of its current bond rating from the rating service.

 In 9VAC 20-60-264 B 27, the requirements of 40 CFR 264.196(d) are expanded to require that reports on leaks and spills from tanks also be sent to the local government with jurisdiction. Also, the requirements are expanded since reporting under Superfund procedures of 40 CFR 302 do not relieve the facility from the requirement to report under In 40 CFR 264.196.

 In 9VAC 20-60-264 B 30, 9VAC 20-60-265 B 17, and 9VAC 20-60-270 B 4, underground injection of hazardous waste is prohibited. From the beginning of the hazardous waste program in Virginia, it has been determined that suitable geology for underground injection facilities does not exist within the state.

 In 9VAC 20-60-264 B 31 a, notices set out in 40 CFR 264.12 are required to be sent to the Director and to the Administrator.

 In 9VAC 20-60-265 B 3, notices set out in 40 CFR 265.12 are required to be sent to the Director and to local governments.

 9VAC 20-60-265 B 7, in addition to the requirements of 40 CFR 265.91, this provision requires that a log must be made of each groundwater monitoring well describing the soils or rock encountered, the permeability of formations, and the cation exchange capacity of soils encountered, and a copy of the logs with appropriate maps must be sent to VDEQ.

 In 9VAC 20-60-265 B 15, in addition to the requirements of 40 CFR 265.310, the owner or operator must consider the following factors in addressing the closure and post-closure care objectives:

          Type and amount of hazardous waste and hazardous waste constituents in the landfill;
      
          The mobility and the expected rate of migration of the hazardous waste and hazardous waste constituents;
      
          Site location, topography, and surrounding land use, with respect to the potential effects of pollutant migration;
      
          Climate, including amount, frequency and pH of precipitation;
      
          Characteristics of the cover, including material, final surface contours, thickness, porosity and permeability, slope, length of run of slope, and type of vegetation on the cover, and
      
          Geological and soil profiles and surface and subsurface hydrology of the site.

 In 9VAC 20-60-265 B 16, in addition to the requirements of 40 CFR 265.116, during the post-closure care period, the owner or operator of a hazardous waste landfill must comply with the following items:

          Maintain the function and integrity of the final cover as specified in the approved closure plan;
         
          Maintain and monitor the leachate collection, removal, and treatment system, if present, to prevent excess accumulation of the leachate in the system;
         
          Maintain and monitor the landfill gas collection and control system, if present, to control the vertical and horizontal escape of gases;
         
          Protect and maintain, if present, surveyed benchmarks; and
         
          Restrict access to the landfill as appropriate for its post-closure use.
            
 At 9VAC 20-60-265 B 18, regulated units at interim status facilities are defined and required to comply with the indicated standards for closure and post-closure care applicable under federal regulations to permitted facilities (40 CFR 264). Some of these provisions are more stringent than would have been required for interim status facilities under federal requirements. The following items contain those provisions that are different from the federal requirements and may be more stringent or contain more stringent elements:

          Regulated units of the facility are defined as those units used for storage treatment or disposal of hazardous waste in surface impoundments, waste piles, land treatment units, or landfills that received hazardous waste after July 26, 1982.
         
          In addition to the requirements of Subpart G of 40 CFR Part 265, owners or operators of regulated units who manage hazardous wastes in regulated units must comply with the closure and post-closure requirements contained in Subpart G, Subpart H, and Subpart K through Subpart N of 40 CFR Part 264, as applicable, and must comply with the requirements in Subpart F of 40 CFR Part 264 during any post-closure care period and for the extended groundwater monitoring period, rather than the equivalent requirements contained in 40 CFR Part 265.
         
          For owners or operators of surface impoundments or waste piles included above who intend to remove all hazardous wastes at closure in accordance with 40 CFR 264.228(a)(1) or 40 CFR 264.258(a), as applicable, submittal of contingent closure and contingent post-closure plans is not required. However, if the facility is subsequently required to close as a landfill in accordance with Subpart N of 40 CFR Part 264, a modified closure plan shall be submitted no more than 30 days after that determination is made, and these plans are processed as closure plan amendments. For such facilities, the corresponding post-closure plan must be submitted within 90 days of the determination that the unit must be closed as a landfill.
         
          A permit application to address the post-closure care requirements of 40 CFR 264.117 and for groundwater monitoring requirements of 40 CFR 264.98, 40 CFR 264.99, or 40 CFR 264.100, as applicable, must be submitted for all regulated units which fail to satisfy the requirements of closure by removal or decontamination in 40 CFR 264.228(a)(1), 40 CFR 264.258(a), or 40 CFR 264.280(d) and 40 CFR 264.280(e), as applicable. The permit application must be submitted at the same time as the closure plan for those units closing with wastes in place and six months following the determination that closure by removal or decontamination is unachievable for those units attempting such closure. The permit application must address the post-closure care maintenance of both the final cover and the groundwater monitoring wells as well as the implementation of the applicable groundwater monitoring program whenever contaminated soils, subsoils, liners, etc., are left in place. When all contaminated soils, subsoils, liners, etc., have been removed yet groundwater contamination remains, the permit application must address the post-closure care maintenance of the groundwater monitoring wells as well as the implementation of the applicable groundwater monitoring program.
         
          In addition to the requirements of 40 CFR 264.112(d)(2)(i) for requesting an extension to the one-year limit, the owner or operator must demonstrate that he will continue to take all steps to prevent threats to human health and the environment. In addition to the requirements of 40 CFR 264.119(c), the owner or operator must also request a modification to the post-closure permit if he wishes to remove contaminated structures and equipment.

 At 9VAC 20-60-266 B 1 through 3, those materials that are used in a manner constituting disposal or are recyclable materials that are precious metals or lead acid batteries are subject to Virginia regulations in Parts IV, VII and XII for notice of activity, transportation requirements and permit fee requirements. These Virginia requirements are in addition to requirements of 40 CFR 266, and some of these requirements are more stringent or broader in scope.

 9VAC 20-60-270 B 7 contains additional requirements that pertain to interim status. These include a provision that allows the Director to deny interim status if the facility is in violation of any regulation of the Board so as to pose a substantial present or potential hazard to human health and the environment, additional reasons for termination of interim status, an allowance for termination of interim status based on a voluntary request for termination and a stipulation that the effective date of termination will be determined by the Director to allow for proper closure of the facility.

 9VAC 20-60-270 B 9 contains a listing of additional information that is required to be part of the contents of a Part B application.  These include:

          A copy of the general inspection schedule required by 40 CFR 264.15(b). Include, where applicable, as part of the inspection schedule, specific requirements in 40 CFR 264.174, 40 CFR 264.193(i), 40 CFR 264.195, 40 CFR 264.226, 40 CFR 264.254, 40 CFR 264.273, 40 CFR 264.303, 40 CFR 264.573, 40 CFR 264.574, 40 CFR 264.602, 40 CFR 264.1033, 40 CFR 264.1052, 40 CFR 264.1053, and 40 CFR 264.1058.
         
          Traffic pattern, estimated volume (number, types of vehicles) and control; describe access road surfacing and load bearing capacity; show traffic control signals.
         
 9VAC 20-60-124 B 2 provides additional reasons permits may be modified, revoked, or terminated  in addition to those cited in 40 CFR 124.5(a).

 9VAC 20-60-124 B 7 requires the permit applicant to arrange for public notice of the draft permit and/or public hearing and to bear the cost of the newspaper publication and radio announcement.  Likewise, 9VAC 20-60-124 B 9 requires that any petitioner for a variance make these arrangements and bear the associated costs. VDEQ may also make the arrangements but require the applicant to remit the costs to VDEQ.  This is more stringent than the Federal requirements.

 At 9VAC 20-60-270  B 11, written notices are required, while the specific manner of communication is not specified in the federal requirements.
      
 9VAC 20-60-17 defines a "Qualified Engineer" or "Engineer" as a professional engineer certified for practice in the Commonwealth of Virginia, which is not required by the federal regulations.
      
 In Part XIV, a series of petitions and processes for making those petitions are described in a manner analogous to those in 40 CFR 260. Virginia has chosen not to list or de-list hazardous waste as solid waste in a petition process and is not seeking authorization for this program element. During periodic rulemaking, it may consider request for such an action if it is submitted during the comment period and it will consider incorporation of any actions by EPA in response to such petitions. It may consider requests for variance from regulations when those variances are consistent with a listing action taken by EPA in response to a petition: however, it does not expect variance actions to be frequent. The additional time following the granting of a petition by EPA and the incorporation or variance implementing the action in Virginia may be construed as a more stringent process.
      
 In Part XIV, a series of petitions and processes for making those petitions are described in a manner analogous to those in 40 CFR 260. Virginia has chosen not to accept petitions for equivalent testing or analytical methods. During periodic rulemaking, it may consider a request for such an action if it is submitted during the comment period and it will consider incorporation of any actions by EPA in response to such petitions. It may consider requests for variance from regulations when those variances are consistent with a listing action taken by EPA in response to a petition: however, it does not expect variance actions to be frequent. The additional time following the granting of a petition by EPA and the incorporation or variance implementing the action in Virginia may be construed as a more stringent process.
      
 Part XIV, a series of petitions and processes for making those petitions are described in a manner analogous to those in 40 CFR 260. Virginia has chosen not to directly accept petitions to exclude certain recycled wastes that are hazardous waste from being a solid waste, and is not seeking authorization for this program element. The regulations refer petitions for such an action to the Administrator. If the Administrator acts on the petition (many petitions would have an impact on states other than Virginia), Virginia will consider a rulemaking or a variance action to provide the same effect under Virginia's regulations. If the Administrator forwards a petition to VDEQ and indicates that EPA will not act on the petition, Virginia will then consider the petition. If the Director finds the proposed action is appropriate, he may proceed under Virginia regulations to rulemaking or issuance of a variance under the Solid Waste Management Regulations (9VAC 20-80-10, et seq.). The additional time for resolving the petition in Virginia may be construed as a more stringent process.

 Section 9VAC 20-60-1420 B 2 requires the Director to publish final decisions on a variance in a local newspaper, whereas, the federal requirement is not specific.

 Section 9VAC 20-60-1420 C 1 a empowers the Director to require compliance by generators with 40 CFR 262, Subpart B (manifests) which is not a power of the EPA Administrator.

   Areas where Virginia regulations are broader in scope include the following:
   
   In Part XII (Permit Application and Annual Fees), annual large quantity generator (LQG) and treatment, storage and disposal (TSD) facility fees and permit application fees are required. Part XII establishes a permit and permit modification fee system applicable to all facility owners and operators. It also establishes an annual fee system. The requirement of fees for permits or permit amendments and annual fees are not a part of the federal requirements and are therefore broader in scope.  9VAC 20-60-270 B 7 also restates the requirement for permit applications and reapplications to include the fee as required by Part XII.  Any application not accompanied by the fee will not be considered complete. 
   
   Areas where Virginia regulations are different but equivalent include the following items:
   
   All the areas of departure from the federal program by Virginia are areas where Virginia is more stringent or broader in scope than the federal programs. There are many differences in the programs where the phrasing of a particular requirement or an effective date is not the same. These are explained in the Demonstration of Adequate Authority in appropriate detail and need not be discussed individually here. In all cases of date differences, they result from the structuring of federal statutes and their handling of statutory requirements at different times based on state or federal implementation. Phrasing differences are inconsequential either because they are of a trivial nature or because the effect of the federal and Virginia provisions is the same. In all cases, the differences result in Virginia being equivalent, more stringent or broader in scope than the federal program.
   
   Virginia's program is based on the federal program as it existed on July 1, 2018.  However it does not include the provisions of EPA's Response to Vacatur of Certain Provisions of the Definition of Solid Waste Rule (83 FR 24664, 05/30/2018) as that rule is not being adopted in Virginia. It also incorporates by reference two EPA rules promulgated after July 1, 2018: (i) Safe Management of Recalled Air Bags (83 FR 61552, 11/30/2018); and, (ii) Management of Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine (84 FR 5816, 02/22/2019).   In addition, the Virginia has adopted the requirements related to universal waste lamps and included an allowance for lamp crushing in its regulations, but is not seeking authorization for these provisions at this time.  Each year thereafter, as Virginia determines that all federal rules to be finalized by June 30 of that year have become final, it will initiate rulemaking to update Virginia's regulations and program to incorporate those changes. The rulemaking process in Virginia will require time that will mean that Virginia final annual regulations are a few months behind the federal final annual regulation. This lag time should normally be less than nine months; however, when amendments to Virginia regulation represent a substantial change in the text of Virginia's regulations, this lag period may approach eighteen months to allow more extensive public participation in accordance with Virginia's Administrative Process Act, Va. Code § 2.2-4000, et seq.

    Discussion of Each of the Six Statutory Tests
   
   RCRA STANDARDS #1 AND #2 - EQUIVALENT AND NO LESS STRINGENT PROGRAM
    
       Requirements for Identification and Listing - § 271.9
      
      The universe of wastes controlled by Virginia includes all the hazardous wastes controlled by the federal program. This universe is defined by Virginia's incorporation of the federal text by reference in 9VAC 20-60-260, 9VAC 20-60-261, 9VAC 20-60-273, and 9VAC 20-60-279. By statute, Va. Code §10.1-1402 (8), the designation of classes, types or lists of hazardous waste must be in accordance with the criteria and listings identified under federal statute or regulation. Therefore, Virginia has not included on its lists any wastes that are not identified by EPA as hazardous, nor did it alter or add to the characteristics shown in Part 261.  With respect to delisting, Virginia is not requesting authorization for delisting decisions.
      
       Requirements for Generators - § 271.10
      
      Virginia controls all the generators that are controlled by the federal program. Section 9VAC 20-60-315 requires new generators to notify the Director of their activities; requires generators to get an EPA identification number from VDEQ (using EPA Form 8700-12); requires all generators to follow reporting and record-keeping requirements contained in 40 CFR 262.40, 262.42, and 262.43; requires generators to package, label, mark and placard hazardous waste during transportation in accordance with parts of Title 49, Code of Federal Regulations; and provides requirements regarding international shipments which mirror those contained in 40 CFR 262.50 through 40 CFR 262.58 and 40 CFR 262.60 as promulgated by EPA.
      
      Virginia's manifest system follows that of EPA, including the use of exception and discrepancy reports. Virginia has not chosen to require its own manifest form, nor has it set up a manifest-matching program. Amendment 8 required the use of the Uniform Manifest as provided by joint EPA/DOT rule promulgated on October 1, 1986. Amendment 10 established the requirement for including a notice of reporting burden. Virgin - ia's manifest system is marginally more stringent than the federal system. It does not provide for the designation of an alternate TSD facility and requires the transporters to return all shipments that cannot be delivered to the original TSD to the generator. Changes in the sections pertaining to accumulation of hazardous wastes were made in Amendment 12.
      
      These items are accomplished by incorporation of federal text into Virginia's regulations at 9VAC 20- - 60-262 and the establishment of specific notice requirements in 9VAC 20-60-305 through 9VAC 20-60-325. With exception of Virginia's more stringent requirements previously discussed, generators in Virginia must comply with the federal requirements. 

On June 30, 2018, EPA launched e-Manifest for tracking hazardous waste shipments electronically. This system will modernize the nation's cradle-to-grave hazardous waste tracking. Generators need to register with e-Manifest if they will view, create, and/or sign manifests electronically or make corrections to manifests. 

    Requirements for Transporters - § 271.11

      Virginia controls all the transporters that are covered by the federal regulations under 40 CFR 263. Under a separate legislative mandate (Va. Code 10.1-1450), VDEQ and law enforcement agencies regulate both interstate and intrastate transporters of hazardous materials as defined under Title 49, Code of Federal Regulations. Additionally, Virginia has adopted the federal text of 40 CFR 263 by reference at 9VAC-20-60-263 and included more stringent and broader in scope requirements at 9VAC 20-60-420 through 9VAC 20-60-440 and 9VAC 20-60-460 through 9VAC 20-60-500.
      
 Requirements for Facilities - § 271.12

      Virginia regulations prohibit underground injection of hazardous wastes. Except for more stringent provisions previously listed, all other technical standards for the hazardous waste management facilities are identical to the federal standards. The text of 40 CFR 264 is incorporated by reference at 9VAC 20-60-264. The text of 40 CFR 265 is incorporated by reference at 9VAC 20-60-265.
      
 Requirements for Permitting - §§ 271.13 and 14

      The universe of facilities requiring Virginia permits is the same as that under the federal RCRA program. Further, Virginia regulations provide for the "interim status" standards which are at least as stringent as those contained in 40 CFR 265, as previously noted in this document.
      
      In 9VAC 20-60-124 and 9VAC 20-60-270, Virginia incorporates the required federal text of 40 CFR 124 and 40 CFR 270. The Virginia permitting regulations are more stringent in that they prohibit underground injection of hazardous wastes.
      
 Variance, Waiver and Compliance Schedule Provisions

      Variance, waiver and compliance schedule provisions are similar to the federal requirements in that Virginia allows few exceptions. Virginia will not consider petitions regarding classification of materials as solid waste or delisting of hazardous wastes, preferring that this function remain with EPA. The regulations refer such petitions to the Administrator or Regional Administrator. EPA decisions on the petitions are incorporated into its regulations during the next amendment of those regulations. Likewise, EPA final delistings are incorporated into the VHWMR during the next regulatory update (incorporation by reference). VDEQ does not have the appropriate resources to properly evaluate these petitions, and it feels that, in most cases, these decisions may effect a regional or national precedent. Permits issued by Virginia may contain specific compliance schedules when necessary as per 40 CFR 270.33.
      
 Availability of Information (§ 3006(f)).

      Compliance with the EPA requirements for freedom of information requests is established through statutory language. The Virginia Freedom of Information Act does satisfy all those principles that EPA requires to be provided for in statute or regulation. Specifically, these are the scope of records subject to information requests, time to respond to request, judicial review mechanism, and attorneys' fees and expenses. The remainder of EPA's "Procedural Requirements" are satisfied by actual practices of VDEQ's employees, EPA and Virginia.
      
      Under the Virginia FOIA, the same types of records are available to the public from VDEQ as would be available from EPA. All the records listed by EPA are considered official records under the Virginia FOIA and are open to the public. Virginia Code § 10.1-1458 provides that trade secret information included within any plans, specifications, or information submitted pursuant to that section shall be excluded from the production under the Virginia Freedom of Information Act, provided the requestor (i) invokes this exclusion upon submission of the data or materials for which protection from disclosure is sought, (ii) identifies the data or materials for which protection is sought, and (iii) states the reasons why protection is necessary. See Va. Code § 2.2-3705.6(26). VDEQ may disclose such trade secret information to the appropriate officials of the EPA pursuant to the requirements of the federal Solid Waste Disposal Act, 42 U.S.C. § 3251, et seq., or as otherwise required by law. This satisfies the substantive requirements of HSWA.

   RCRA STANDARD #3 - CONSISTENT PROGRAM
   
   Virginia's hazardous waste management program is fully consistent with the federal RCRA program and those of other authorized states. The few areas in which Virginia has adopted more stringent regulations do not provide for general prohibition on the treatment, storage or disposal, nor do they require a manifest system beyond that provided for in the federal regulations.

 Interstate Movement of Wastes - § 271.4(a)

      There are no statutory, regulatory, or policy-related requirements in Virginia that ban the importation of hazardous wastes from other States. Additionally, there are no reciprocal agreements with other states that might affect movement of wastes. The 1982; General Assembly enacted an interstate compact to provide for establishment and operation of regional disposal facility solely for low-level radioactive waste (Chapter 15, Title 10.1, Code of Virginia (1950), as amended). No such compacts have been entered into for disposal of hazardous wastes.
      
 Prohibition of Treatment, Storage, or Disposal § 271.4(b)

      For the protection of human health and the environment) 9 VAC 20-60-264 B 30, 9 VAC 265 B 17 and 9 VAC 20-60-270 B 4 prohibit the treatment, storage, or disposal of hazardous wastes by underground injection. 
      
      The 1984 session of the General Assembly enacted the Virginia Hazardous Waste Facilities Siting Act (Chapter 17.1, Title 10, Code of Virginia). In 1986 that Act was amended and recodified as Chapter 14, Article 6, Title 10.1, Code of Virginia (§§ 10.1-1433, et seq.). The Virginia Hazardous Waste Facility Siting Council adopted in 1985 the regulations implementing the legislation. Under the provisions of the Virginia Waste Management Act, these regulations will remain in force and effect until they are amended, changed, or repealed by the Virginia Waste Management Board. Neither the legislation nor implementing regulations contradicts the provisions of 40 CFR 271.4. In fact, neither address economics of the site development except as it may affect the compensation of the local governments and the affected citizens.
      
 Manifest System - 271.4(c)

      As required by Part V of Virginia's regulations, the Virginia manifest system is identical to that of EPA. Amendment 8 required the use of the federal Uniform Manifest Form. Virginia does not require generators to send a copy to VDEQ, nor does it require generators to send more detailed information to the TSD facility before the latter may receive the waste.
   
   RCRA STANDARD #4 - MORE STRINGENT PROGRAM
   
   The Virginia program for generators and owners and operators of TSD facilities is only marginally more stringent than that required by the EPA. Previous discussions touched upon these areas and need not be repeated here.
   
   In 1992, the General Assembly amended the Virginia Waste Management Act to empower the Director to revoke, suspend or amend any permit if the owner's or operator's key personnel have been convicted of any of a list of felonies (under the laws of Virginia or the equivalent laws of any other jurisdiction), or they have been adjudged by an administrative agency or a court of competent jurisdiction to have violated the environmental protection laws (of the United States, Virginia or any other state). In order to be able to do this, the Director must determine that such conviction or adjudication is sufficiently probative of the permittee's or applicant's inability or unwillingness to operate a facility in a lawful manner. This provision is found in the Code of Virginia, 1950 (as amended), in §10.1-1427.A.5.
   
   RCRA STANDARD #5 - ADEQUATE ENFORCEMENT
   
   Section 10.1-1402(11), Code of Virginia, provides in part that Virginia Waste Management Board is authorized to enforce its regulations as may be necessary to carry out its powers and duties and the intent of the Virginia Waste Management Act and the federal acts. Section 10.1-1405B vests the Director of VDEQ with all the authority of the Board when the latter body is not in session, except for the promulgation of final regulations. Section 10.1-1455, Code of Virginia, provides for civil penalties associated with the mismanagement of hazardous wastes of not more than $32,500 for each day of violation  and  criminal penalties to confinement in a state correctional facility for not less than one year nor more than five years and a fine of not more than $32,500  for each violation. Each day of violation of each requirement is a separate offense. 
   
   In addition to all other available remedies, § 10.1-1455.G. provides that the Board may issue special orders and emergency special orders named "administrative orders" and "emergency administrative orders" to resolve the violation of any law or regulation administered by the Board, to enforce any of condition of a permit or certificate, or to enforce any case decision or order of the Board. Orders issued pursuant to this section may include civil penalties of up to $32,500 per violation not to exceed $100,000 per order. Section 10.1-1405B vests, the Director of VDEQ with all the authority of the Board when the latter body is not in session, except for the promulgation of final regulations. The statutory basis and procedures for the enforcement are restated in 9VAC 20-60-80.

 Notices and Reports - § 271.15(a)
      
      Sections 10.1-1402(6) and (7), Code of Virginia (1950), as amended, specify that VDEQ is authorized to collect data and information as necessary to conduct the state hazardous waste program and to require any person who generates, collects, transports, stores, or provides treatment or disposal of a hazardous waste to maintain such records, manifests or reporting and record-keeping as may be required pursuant to federal statute or regulation. Additionally, Section 10.1-1458 allows VDEQ to request information from hazardous waste generators, transporters, and disposal facilities. The Virginia Hazardous Waste Management Regulations require in all cases at least the same level of reporting and record keeping as the federal regulations.
      
 Inspection and Compliance assurance - § 271.15(b)

      In addition to the review of records and information, VDEQ operates a program of prioritized periodic inspections. Re-inspection of handlers with unresolved non-compliance histories are placed in the highest priority. Inspection visits, record reviews and inspection of state and local (SL) treatment and storage facilities, SL land-based facilities, and combustion facilities receive the next highest priority and are inspected at least biennially. Compliance-assurance visits to other land-based, treatment and storage facilities are scheduled to occur within a biennial cycle. Visits to large quantity generators are scheduled at least once every five years. State personnel carry out all compliance-assurance inspections. Transporters, small quantity generators and other RCRA Handlers are inspected at a rate of 5% annually. Personnel have received extensive training in addition to possessing scientific education, and they are required to perform complete and comprehensive surveys of the regulated activities.
      
      Each Virginia inspector receives at least three months of formal and on-the-job training in all aspects of RCRA and hazardous waste compliance inspections, including attending inspections being conducted by more senior staff, before he or she is allowed to do independent compliance-assurance work. This includes attending training offered by the EPA, to the extent possible. All employees receive in-house and EPA-offered refresher training continually. This approach to the achievement and maintenance of professional competence was found to be effective in carrying out the requirements of the program. 
      
      To ensure that all the program requirements have been met, detailed inspection records are compiled, which are designed to indicate a facility's degree of compliance with each requirement contained in the regulations or as conditions of the permit. Preparation for the inspection includes review of records received by VDEQ prior to the visit and to the documents kept at the facility. When necessary, copies of the latter documents are brought back to the office for further evaluation. Adequacy of sampling and monitoring performed by the regulated facility is one of the items evaluated by the inspectors.
      
      To ensure consistency of the regional offices in meeting their goals, inspection reports are continuously monitored and compared to goals to which VDEQ committed in the annual work plan. The central coordinating staff works with the regional staff to ensure completion of goals, consistency, and quality of compliance-assurance inspections and maintenance of a high level of inspector training. In 1999 VDEQ adopted use of inspection checklists based on the hazardous waste regulations, supplemented by a similar checklist for requirements where Virginia regulations are more stringent than the federal regulations.
      
 Inspection Authority - § 271.15(c)

      Section 10.1-1456, Code of Virginia, provides authority to the Director or his designee to enter, at any reasonable time, onto any property to inspect, investigate, evaluate, conduct tests or take samples for testing in order to determine compliance with any law, regulation, order, or condition of a permit. Should the inspector be denied entry, he may apply to an appropriate Circuit Court for an inspection warrant. Section 19.2-393, et seq., Code of Virginia, provide conditions for issuance, duration, conduct of inspection and penalties for refusal to permit authorized inspection. Compliance-assurance inspections of transportation conveyances or vehicles engaged in transportation of hazardous wastes may be performed by officers of VDEQ, State Police, and by all law-enforcement and peace officers of Virginia with appropriate training in hazardous materials transportation. Based on the authority contained in Article 7, Chapter 14, Title 10.1, Code of Virginia, such officers are charged with the enforcement of the Virginia Regulations Governing Transportation of Hazardous Materials. The Department of State Police is authorized to stop motor vehicles in transit, to perform inspections of motor vehicles in operation and to mark vehicles "out-of-service" as set forth in 49 CFR 396.9.
      
 Chain of Custody - 40 CFR § 271.15(d)

      Personnel engaged in the inspections associated with possible compliance and enforcement through civil proceedings have been trained in various short courses sponsored by VDEQ, EPA, or other agencies. While VDEQ does not typically perform sampling during routine compliance inspections, any samples taken are properly identified, sealed, and maintained at all times in a secured (locked) container in the custody of the sample taker until delivered to the analytical laboratory. Virginia uses contract laboratories approved by the Virginia Environmental Laboratory Accreditation Program (VELPA) to analyze any samples taken.
      
 Remedies for Violations - 40 CFR § 271.16(a) and (b) [Note: also see Enforcement Manual at: https://townhall.virginia.gov/L/gdocs.cfm?agencynumber=440]
      
      Section 10.1-1402(18), Code of Virginia, provides that the Waste Management Board or the Director (§ 10.1- - 1405B) may issue orders to meet any emergency for the purpose of protecting public health, natural resources and the environment from threats of releases of waste. Section 10.1-1402(19) provides also that the Board or the Director may issue orders to require the clean-up where hazardous waste have been improperly managed. Should no emergency exist to require compliance, § 10.1-1455C authorizes issuance of orders to require any person to comply with any law or regulations promulgated by the Board or to comply with any case decision as defined in § 2.2-4001, Virginia Administrative Process Act. Non-emergency orders can be issued only after a hearing that is preceded by a 30-day notice to the affected person. In addition to all other available remedies § 10.1-1455.G., the Board may issue special orders and emergency special orders named "administrative orders" and "emergency administrative orders" to resolve the violation of any law or regulation administered by the Board, to enforce any of condition of a permit or certificate, or to enforce any case decision or order of the Board. Orders issued pursuant to this section may include civil penalties of up to $32,500 per violation not to exceed $100,000 per order.
      
      In addition, the Attorney General, acting on behalf of the Board or the Director, may institute proceedings in an appropriate court against any person violating, failing or refusing to obey any lawful regulation or order to compel to obey and to comply by injunction, mandamus, or other appropriate remedy (§ 10.1-1455A). As discussed in the Demonstration of Adequate Authority, the ability to enjoin applies to any threatened or con - tinued violation of any lawful regulation. Neither § 10.1-1455A nor § 10.1-1427 (dealing with permit revocation) provides for any necessity of a prior revocation of the permit, since the former section imposes no condition prece - dent upon the Directors ability to seek injunctive relief.
      
      Section 10.1-1455A provides civil penalties; to wit, any person who violates any provision of the Virginia Waste Management Act [the Act], any condition of a permit or certification, or any regulation or order of the Board may be assessed a civil penalty of not more than $32,500 for each day of such violation. Section 10.1-1455E further allows a civil penalty which may be obtained of any person violating or failing, neglecting or refusing to obey any injunction, mandamus or other remedy obtained pursuant to the Act of up to $32,500 for each violation, each day of violation of each requirement constituting a separate offense.
      
      Section 10.1-1455D provides criminal penalties; to wit, any person willfully violating or refusing, failing or neglecting to comply with any regulation or order of the Board or the Director, any condition of a permit or certification or any provision of the Act may be convicted of committing a Class 1 misdemeanor and may be compelled to obey such regulation, permit, certification, order or provision of the Act and to comply therewith by injunction, mandamus, or other appropriate remedy. Section 10.1-1455B provides additional criminal penalties for any person who knowingly transports any hazardous waste to an unpermitted facility; who knowingly transports, treats, stores, or disposes of hazardous waste without a permit or in violation of a permit; or who knowingly makes any false statement or representation in any application, disclosure statement, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of hazardous waste program compliance. They are guilty of a felony punishable by a term of imprisonment of not less than one year nor more than five years and a fine of not more than $32,500 for each violation, either or both. Each day of violation of each requirement constitutes a separate offense. Section 10.1-1455I further provides that any person who knowingly transports, treats, stores, disposes of, or exports any hazardous waste in violation of the Act or in violation of the regulations promulgated by the Board and who knows at the time that he thereby places another person in imminent danger of death or serious bodily injury, may be guilty of a felony punishable by a term of imprisonment of not less than two years nor more than fifteen years and a fine of not more than $250,000, either or both. A defendant that is not an individual convicted of violating the Act, may be subject to a fine not exceeding the greater of one million dollars or an amount that is three times the economic benefit realized by the defendant as a result of the offense. The maximum penalty is doubled with respect to both fine and imprisonment for any subsequent conviction of the same person.
      
      Section 10.1-1455C allows the Board to issue orders to require any person to comply with the provisions of any law administered by the Board, the Director or VDEQ, any condition of a permit or certification, or any regulations promulgated by the Board or to comply with any case decision of the Board or Director. § 10.1-1455F, provides that, with the consent of any person who has violated or failed, neglected or refused to obey any regulation or order of the Board or the Director, any condition of a permit or any provision of the Act, the Board may provide, in an order issued by the Board against such person, for the payment of civil charges for past violations in specific sums, not to exceed the limits specified in § 10.1-1455. Such civil charges would be instead of any appropriate civil penalty, which could be imposed under the Act. § 10.1-1455G, provided that, in addition to all other available remedies, the Board may issue administrative orders for the violation of (i) any law or regulation administered by the Board; (ii) any condition of a permit or certificate issued pursuant to the Act; or (iii) any case decision or order of the Board. Orders issued may include penalties of up to $32,500 per violation not to exceed $100,000 per order, and may compel the taking of corrective actions or the cessation of any activity upon which the order is based. Orders become effective five days after having been delivered to the affected persons or mailed by certified mail to the last known address of such persons. Should the Board find that any person is adversely affecting the public health, safety or welfare, or the environment, the Board may, after a reasonable attempt to give notice, issue, without a hearing, an emergency administrative order directing the person to cease the activity immediately and undertake any needed corrective action, and must within ten days hold a hearing, after reasonable notice as to the time and place thereof to the person, to affirm, modify, amend or cancel the emergency administrative order.
      
      Under § 10.1-1455K the Board is entitled to an award of reasonable attorneys' fees and costs in any action brought by the Board under the Virginia Waste Management Act in which it substantially prevails on the merits of the case, unless special circumstances would make an award unjust. The burden of proof in civil cases is the normal civil requirement of a preponderance of evidence. In the criminal cases, the burden of proof is beyond a reasonable doubt.
      
 Appropriateness of Penalties - § 271.16(c)

      In accordance with 40 CFR 271.16(c), a civil penalty assessed, sought or agreed upon by the Director shall be appropriate. The method for calculating penalties is set out in the VDEQ Enforcement Manual, which can be accessed at: https://townhall.virginia.gov/L/gdocs.cfm?agencynumber=440
      
 Public Participation - § 271.16(d)

      The VHWMR at 9VAC 20-60-70 provides for public participation in the enforcement process in a manner equivalent to that contained in 40 CFR 271.16(d)(2). Provisions of Virginia of Virginia Administrative Process Act (§2.2-4000, et seq., of the Code of Virginia) and the Virginia Waste Management Board Public Participation Guidelines, 9VAC 20-11, et seq., provide procedural standards for public participation. In general, complaints received by VDEQ from the citizens are promptly and appropriately investigated through the hazardous waste program staff or the pollution response program, which also investigates citizen complaints and reports including hazardous waste mismanagement.
   
   RCRA STANDARD #6 - NOTICE AND HEARING IN THE PERMIT PROCESS
   
   This standard is based on § 7004(b)(2) of RCRA which stipulates that no State permit program may be authorized unless it: (1) provides notice of its intent to issue a permit through publication in "major local newspapers of general circulation"; (2) broadcasts such notice over local radio stations; (3) provides for at least a 45 day public comment period; and (4) transmits written notice of the agency's intention to issue a permit to each unit of local government having jurisdiction over the area in which the facility proposed is to be located and to each state agency having any authority under State law with respect to the construction or operation of such facility; and (5) holds an informal public hearing if one is requested during the comment period.
   
   In Virginia, once an application has been determined to be technically complete, the Director will tentatively decide whether to prepare a draft permit or to deny the application, which is a type of a draft permit. Other types of draft permits include modifications, revocation and re-issuance, and notices of intent to terminate. The requirements for the contents of the draft permit are contained in 9VAC 20-60-270 of the VHWMR which incorporates the requirements under 40 CFR § 270 Subpart B by reference.
   
   Once a draft permit or the notice of intent to deny a permit has been prepared, the Director will give public notice providing for the opportunity to comment and to request a hearing. The notice will allow at least 45 days for comments and requests. The timing, the methods and contents of the notice are the same as those under 40 CFR§ 124 which have been incorporated by reference specified in 9VAC 20-60-124.
   
   During the public comment period, any interested person may submit written comments on the draft permit and may request a hearing in writing. The Director will hold a public hearing either upon receiving a request or upon his own discretion in the absence of such a request, to receive written or oral comments which may clarify issues involved in permit decisions (9VAC 20-60-124).
   
   All persons contesting the permit or permit conditions have an opportunity to raise issues and provide information during the public comment period. Based on the merits of the application and the results of the public participation, the Director will render the final permit decision. At that time he will issue a response to the comments received which will be made available to the public.
   
   The mechanism for the appeal of a decision on the issuance or denial of permits is addressed in the Virginia Administrative Process Act (VAPA) in the Article dealing with the case decisions (Article 3, Chapter 40, Title 2.2, Code of Virginia (1950), as amended). Section 2.2-4019 of VAPA provides for informal fact finding proceedings before the Director, or his agent, in cases where parties fail to consent. These proceedings provide for the right of the parties to have reasonable notice, to appear in person or by counsel, to have notice of any contrary fact basis or information, to receive prompt decisions and to be informed of the factual or procedural basis for an adverse decision.
   
   VDEQ is enabled to first attempt to resolve controversies by consent. Should such consent not be achieved, § 2.2-4020, VAPA, provides for the opportunity for the formal taking of evidence upon relevant fact issues. Decisions or recommended decisions and findings of fact arising from such a formal hearing become a part of the record. In support of its fact finding procedures, VDEQ may issue subpoenas requiring testimony or the production of evidence subject to certain rights specified in § 2.2-4022, VAPA.
   
   The final permit decision will be furnished to the applicants and, together with the full record or case file, will be made available for public inspection or copying subject to certain exceptions specified in § 2.2-4023, VAPA. Any party aggrieved by and claiming unlawfulness of the permit decision has a right to the direct court review. The conditions and the mechanisms for such review are specified in § 2.2-4026, et seq., VAPA.
   
   The procedures under Virginia statutes more than adequately provide for the notice and hearing intentions of the EPA in the permit process. The above-stated procedure provides a greater input opportunity for the public during the permit process than that required by the EPA under Standard #6. 

    General Correspondence between Virginia Regulations and Federal Regulations

Table 1.

                                EPA Regulation
                                   (40 CFR)
                              Virginia Regulation
                                  Description
                                   Part 124
                           Part III, 9VAC 20-60-124 
Procedures for Decision Making
                                   Part 260
                           Part III, 9VAC 20-60-260
Hazardous Waste Management Systems: General
                                   Part 261
	Part III, 	9VAC 20-60-261
Identification and Listing of Hazardous Waste
                                   Part 262
                           Part III, 9VAC 20-60-262
Standards Applicable to Generators of Hazardous Waste
                                   Part 263
                           Part III, 9VAC 20-60-263
Standards Applicable to Transporters of Hazardous Waste
                                   Part 264
                           Part III, 9VAC 20-60-264
Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities
                                   Part 265
                           Part III, 9VAC 20-60-265
Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities
                                   Part 266
                           Part III, 9VAC 20-60-266
Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities
                                   Part 268
                           Part III, 9VAC 20-60-268
Land Disposal Restrictions
                                   Part 270
                           Part III, 9VAC 20-60-270
The Hazardous Waste Permit Program
                                   Part 273
                           Part III, 9VAC 20-60-273
Standards for Universal Waste Management
                                   Part 279
                           Part III, 9VAC 20-60-279
Standards for the Management of Used Oil

                   Section 3. State Agency Responsibilities

    Organization and Structure of the Hazardous Waste Management Program

   Based on the legislative authority contained in Chapter 14, Title 10.1 Code of Virginia (1950), as amended, VDEQ has the sole responsibility for the administration of laws and regulations concerning hazardous wastes. To eliminate possible duplication of effort by various other agencies of Virginia and to best use resources, VDEQ coordinates its actions with other agencies/divisions and may receive such assistance that may be made available by these agencies within their special areas of competence.
   
   Close cooperation exists between the Land Protection Division and the Water Division, and the regional offices, in the areas of potential surface and groundwater pollution. Similar close cooperation exists with the Air Division and the regional air components in the case of facilities performing incineration, thermal treatment or any other potential release of constituents to the atmosphere, and with the Department of State Police in the area of transportation of hazardous materials and wastes.
   
   The Division of Consolidated Laboratory services of the Department of General Services is able to support VDEQ in routine hazardous waste sample analysis. VDEQ may enter into contractual agreements with private laboratories for the laboratory support of its compliance assurance sampling program. These laboratories have EPA approved quality assurance/quality control (QA/QC) programs in place.
   
    Structure Virginia VDEQ of Environmental Quality
   VDEQ (organization chart shown in Attachment I)
    	
    Procedures for Coordination Among Agencies
   VDEQ is the only state agency with direct responsibility for the program.
   
    Description of Relevant Memorandums of Understanding (MOUs) Between Agencies
   No relevant MOUs regarding the program exist.
   
    Division of Responsibility between Virginia and EPA
   VDEQ and EPA have a Memorandum of Agreement setting out in detail the relationship between the parties (MOU in Attachment II) 
   
                   Section 4. Staffing and Funding Resources

    Description of Staffing of VDEQ 

   Table 2
   
   Some of the major staff duties and responsibilities are as follows:
   
Directors

Director
Agency executive officer

Program Manager/Division Director

Provide overall support for the conduct of the hazardous waste program

Land Protection Managers/Regional Directors
Provide leadership and responsibility for the hazardous waste enforcement and compliance program in their particular region
Permitting and Closure 

Env. Specialist II

Reviews HWM permit applications and drafts HWM facility permits, and reviews closure plans/financial assurance cost estimates. Coordinates with EPA and enforcement regarding facilities and provides technical assistance to owners/operators and others.

  Env. Specialist II
Reviews groundwater and site-wide Corrective Action portions of HWM permit applications and closure plans and corrective action documents. Coordinates with EPA and enforcement regarding facilities and provides technical assistance to owners/operators and others
Compliance and Enforcement 

Enforcement Specialist
Manages enforcement cases involving hazardous waste management facilities
Hazardous Waste  Inspectors
Inspects hazardous waste management facilities to determine compliance with the VHWMR. Issues warning letters and notices of violation.  Follows up to ensure facility returns to compliance. Provides technical and compliance assistance to hazardous waste generators, citizens and others.
Program Development and Support 
Env. Specialist II
RCRA Info, Biennial Reporting, Grant Management, regulatory development and authorization.
Pollution Prevention
Program Manager/Environmental Specialist II
Promote P2 within VDEQ, develop P2 Incentives Grant and PPG commitment for P2 and track and report on progress.  Oversee Virginia Environmental Excellence Program.  Provide technical assistance to customers with questions related to P2 and Environmental Management Systems (EMS).
Other
Legal services are available as needed from the Office of the Attorney General

   In order provide better assistance to the regulated community and the public, VDEQ has adopted a regional concept. There are six regional offices that are responsible for the compliance and enforcement efforts of the hazardous waste program. The regional staff can utilize the expert support staff that is located in the Central Office. These support staff are also important to providing consistency of the hazardous waste compliance and enforcement programs. The RCRA Corrective Action, permitting, closure and groundwater functions have remained in the central office because these programs are not extensive enough for regionalization and the direct access to technical experts is more readily available in the central office. 

    Overall Changes to Existing Resources for Previously Authorized Program

   The last authorization of the Virginia program for hazardous waste management was in 2013.
   The budget for the 2022 fiscal year had a slight decrease in funding compared to the previous year. If workloads prove to be unattainable within that funding, VDEQ will negotiate with EPA the proper mix of funding and established program goals consistent with practical expectations. Inflation of program costs and the federal level funding support policy have resulted in decrease of financial support for the program.  
   
    Itemization of Estimated Costs and Sources of Funding

 Personnel

      See Table 2. The table reflects current staffing in current assignments and is sufficient to undertake the current authorization sought.
      
 Funding

VDEQ receives funding for managing hazardous waste activities as part of the Performance Partnership Grant (PPG) from EPA.  As part of PPG, VDEQ submits the HW workplan for EPA approval prior to the beginning of the fiscal year. VDEQ is required to submit the mid-year status report in April and an exception report at the end of fiscal year by October 31st. An itemization of the estimated costs of establishing and administering the FFY 2019, FFY 2020, and FFY 2021 programs, including cost of personnel and cost of administration and technical support is presented in Table 3.


   
   Table 3
   
                Hazardous Waste - Performance Partnership Grant
 
 
 
 
 
 
 
 
 
 
 
                                  Federal FY
 
 
 
 
                                  State Match
 
 
 
 
 
                                     2019
                                     2020
                                     2021
                                     2022
                                       
                                     2019
                                     2020
                                     2021
                                     2022
 
Object Class Categories
RCRA Tsk 06
RCRA Tsk 06
RCRA Tsk 06
RCRA Tsk 06
Total
RCRA Tsk 06
RCRA Tsk 06
RCRA Tsk 06
RCRA Tsk 06
Total
Personnel
1,145,285 
1,179,302 
1,202,886 
1,217,860
4,745,333 
381,762 
393,101 
400,962 
405,953 
1,581,778 
Fringe Benefits
526,835 
554,269 
577,385 
560,216 
2,218,705 
175,612 
184,756 
192,462 
186,739 
739,569 
Travel
45,000 
35,000 
13,152 
0 
93,152 
15,000 
11,667 
4,386 
0 
31,053 
Equipment
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
Supplies
35,000 
25,328 
2,500
1,269 
64,097 
11,667 
8,443 
832 
423 
21,365 
Contractual
50,000 
20,000 
2,500
0 
72,500 
16,667 
6,667 
833 
0 
24,167 
Other EPA-In-kind
0 
0 
0 
0 
0 
 
0 
0 
0 
0 
Other
31,474 
10,000 
1,906 
0 
43,380 
10,491 
3,333 
635 
0 
14,459 
Total Direct Charges
1,833,594 
1,823,899 
1,800,329
1,779,345 
7,237,167 
611,198 
607,966 
600,110 
593,115 
2,412,389 
Indirect Charges
326,406 
336,101 
342,823 
347,090 
1,352,420 
108,802 
112,034 
114,274 
115,697 
450,807 
TOTALS
2,160,000 
2,160,000 
2,143,152 
2,126,435 
8,589,587 
720,000 
720,000 
714,384 
708,812 
2,863,196 
FTEs for FY 2019
19 
19 
19 
19 
77 
3 
3 
3 
3 
13 
 
 
 
 
 
0 
 
 
 
 
 
Total Budget
2,160,000 
2,160,000 
2,143,152 
2,126,435 
8,589,587 
720,000 
720,000 
714,384 
708,812 
2,863,196 



Permitting and Closure (FTEs  -  3.67), Compliance and Enforcement (FTEs  -  13.63), Program Development and Support (FTEs  -  1.34)
 
 Sources of funds and restrictions

All Large Quantity Generators (LQGs) and Treatment, Storage, and Disposal Facilities (TSDFs) in Virginia are required to pay annual fee.  Funds collected are used for matching the federal grant by 25%.
   
Section 5. State Procedures, Permitting, Programs and Coordination with other Agencies

    Regulatory Development - §271.6(c)
   
   The normal period for the adoption of a regulatory amendment by the Virginia Waste Management Board does not exceed 18 months between the cutoff date for federal changes and final adoption. Much of the time is devoted to the planning of the amendment and in the involvement of the public and the regulated community in the early formulation of the regulatory proposals. Availability of time to plan is important to the development of sound proposals.
   
   The above discussion presupposes that no statutory amendments are required prior to the rulemaking process. Should the changes in the federal program require amendments to the Code, the overall rule-making schedule will have to be extended. The Virginia General Assembly meets annually during the months of January and February ("short session") or January through March ("long session"). Any legislation adopted during the session normally becomes effective on July 1 of that year. Because of the narrow window available for the introduction of new legislation, the length of the overall rulemaking will depend on the timing of the federal actions that would necessitate new legislation. In general, it is expected that rule making which involves statutory amendments will require at least two years to become effective.
   
   The adoption, change or repeal of any regulation by a Virginia agency must be conducted in accordance with the Virginia Administrative Process Act unless the agency is specifically exempted by the act. In addition, agencies must follow their own public participation guidelines.  The Governor is required by statute to establish procedures for executive branch review of agency regulations.  There are three types of regulatory development processes:  the standard rulemaking process, the fast track rulemaking process and the emergency rulemaking process. Regulatory changes that are necessary to meet the requirements of federal law or regulations, provided that such regulations do not differ materially from those required by federal regulations are exempted from the APA requirements and from Executive Review. These four types of regulatory processes will be discussed in further detail below.
   
   Standard Rulemaking Process
   
   The regulation promulgation procedures under the standard rulemaking process consist of the following steps:

       Notice of Intended Regulatory Action (NOIRA)  Stage
      Executive Order (EO) 14 (2018) (Amended) requires that agencies submit a NOIRA package to the Department of Planning and Budget (DPB).  The package shall include the nature and scope of the regulatory changes and the relevant section of the Virginia Administrative Code.  Draft regulatory text shall also be included, if available. 
      
      DPB shall review the NOIRA to determine whether the contemplated regulatory action is necessary, whether it comports with the administration's policies and complies with applicable statutes. Within 14 days of receiving a complete NOIRA review package from the agency, the Director of DPB or his designee shall advise the Cabinet Secretary and the Governor of DPB's determination.  If the Director of DPB or his designee advises the appropriate Cabinet Secretary and the Governor that the NOIRA presents issues requiring further review, the NOIRA shall be forwarded to the Cabinet Secretary. The Cabinet Secretary shall review the NOIRA within 14 days and forward a recommendation to the Governor. If DPB does not find issues requiring further review, the agency shall be authorized to submit the NOIRA to the Virginia Register of Regulations for publication after the Governor approves the NOIRA.
      
      The published notice must state the topic and purpose of the planned regulation and seek written comment for a period of not less than 30 days from the date of publication. While VDEQ's public Participation Guidelines do not require the Director to obtain approval of the Waste Management Board to publish the NOIRA, the Board may be consulted.
      
       Public Meeting

      After publication of the NOIRA, the agency may choose to hold one or more public meetings to answer questions about the proposed regulation and receive public comment. These optional public meetings, which are held no earlier than 30 days after the Notice of Intended Regulatory Action is published, are informal. Pre-registration for speaking is not required, and testimony is not recorded. Times and locations of the meetings are announced on the Virginia Town Hall and Commonwealth Calendar.
      
       Proposed Stage

      Agencies are allowed to begin drafting proposed regulations during the NOIRA period. To assist the staff in drafting of the regulation amendment, VDEQ may appoint a Regulatory Advisory Panel (RAP) that is normally composed of representatives of the regulated community, environmental groups, and citizens at large. The agency staff then drafts the regulations and working drafts are circulated internally and among the members of the RAP. 
      
      The agency may also appoint a Negotiated Rulemaking Panel (NRP) if a regulatory action is expected to be controversial.
      
      Once the proposed regulation is close to final form, it is reviewed by the Waste Management Board and voted upon during an open and publicly called meeting of the board.  If the board approves the draft regulation for public comment, it is then submitted for Executive Review.  
      
      The Executive Review includes review by the Office of the Attorney General (OAG).  The OAG reviewed review will assess whether or not the agency has the legal authority to promulgate the regulation and determine whether the content conflict with existing law.  The next review is conducted by the Department of Planning and Budget (DPB) to determine whether the proposed regulatory package complies with all requirements of the EO, applicable statutes, and other policies of the Commonwealth.
      
      The DPB will prepare a policy analysis and Economic Impact Analysis (EIA). The DPB is permitted to request the assistance of any agency in developing the EIA. However, as a practical matter the proponent agency is required to provide DPB with a detailed draft analysis. DPB is permitted up to 45 days to review or redraft the analysis that must include the components specified in § 2.2-4007.04 of the Code of Virginia. Once the DPB review is complete, the DPB will advise the Cabinet Secretary and the Governor of the results.  The Cabinet Secretary must review the proposed regulation package within 14 days and forward a recommendation to the Governor.  The Governor will then approve or disapprove of the proposed regulation.
      
       Public Comment Period

      Once the proposed regulation successfully exits the Executive Review, it is published in the Virginia Register.  A Public Comment Period will run for a minimum of 60 days from the publication date. The public may submit written comments at any time during the 60-dav comment period or may present oral comments at a public hearing. Summaries of all comments are also provided to the DPB, the Secretary and the Governor as part of the review process before publishing final regulations. VDEQ is also required to send each commenter a draft summary of comments at least five days before final action is taken to approve final regulations. This is intended to ensure participants that their comments are understood and relayed accurately.
      
      The Department of Environmental Quality's Public Participation Guidelines (9VAC 15-11-50, et seq.) state that one or more public hearings may be held during the comment period.  A public hearing is required following publication of the proposed regulatory action when the agency's basic law requires one to be held; the Governor directs the agency to hold one; or the agency receives requests for a public hearing from at least 25 persons during the public comment period. Notice of any public hearing shall be posted on the Regulatory Town Hall and Commonwealth calendar at least 7 working days prior to the date of the hearing.  All persons who requested a hearing shall also be notified. 
      
       Legislative Review

      The General Assembly may review the proposed regulations, but legislative review is uncommon. The Governor, in agreement with the legislature, may delay the effective date of final regulations until after the next regular General Assembly session. (§ 2.2-4014 of Code of Virginia)
      
      The Legislative Committee of both houses of the General Assembly with jurisdiction over the subject matter of regulations or the Joint Commission on Administrative Rules may file an objection to the regulations with the agency and the Registrar. If this happens, the agency must respond to the Committee, the Registrar, and the Governor within twenty-one days of the receipt of the objection. If the objection is received during the final implementation period, the effective date of the regulation is postponed for at least twenty-one days.
      
       Final Regulations

      While the agency may include changes suggested by the public, if the final version differs substantially, the public may petition the Board or VDEQ for an additional public comment period or to otherwise delay the effective date. In addition, the Governor may require an additional 30-day comment period if the changes are substantial as determined by DPB. If the Board approves the final regulations, the regulations should be adopted through a motion that notes that any revisions have been approved and which empowers the staff to do those things necessary to comply with the APA and put the regulation into effect. 
      
      The final regulation package will then go through Executive Review as outlined above, except there will be no OAG review. The regulation will then be published in the Virginia Register.  The earliest possible effective date of the final regulation is the thirty-first day after the date of final publication in the Virginia Register. However, the agency may specify a later effective date or the Governor and General Assembly may require that the effective date be postponed.
   
   Fast-Track Rulemaking Process
   
   The fast-track rulemaking process is for rules that are expected to be noncontroversial.  Similar to the procedures for the Standard Rulemaking Process, the draft regulation is reviewed by the Waste Management Board and voted upon during an open and publicly called meeting of the board.  If the board approves the draft regulation for public comment, it is then submitted for Executive Review as outlined above. Additionally, DPB must determine within 10 days or less if the regulatory package is appropriate for the fast-track process.  DPB shall request the Governor's Office to determine if the fast-track process is appropriate when there is any question as to whether a package should be allowed to proceed in this manner. The Governor or his designee retains sole discretion to disapprove use of the fast-track rulemaking process when the Governor or his designee determines it is not in the public interest.  Under the fast-track process, the EIA must be completed within 30 days.
   
   Upon concurrence of the Governor and after written notice to the applicable standing committees of the Senate of Virginia and the House of Delegates, and to the Joint Commission on Administrative Rules, the agency may submit a fast-track regulation for publication in the Virginia Register of Regulations without having previously published a Notice of Intended Regulatory Action.  The regulation shall also be posted on the Virginia Regulatory Town Hall, along with an agency statement setting out the reasons for the fast-track rulemaking process. The public comment period need not exceed 30 days after publication in the Virginia Register and opening of a public comment forum on Town Hall.
   
   If an objection to the use of the fast-track process is received within the public comment period from 10 or more persons, any member of the applicable standing committee of either house of the General Assembly or of the Joint Commission on Administrative Rules, the agency shall (i) file notice of the objection with the Registrar of Regulations for publication in the Virginia Register, and (ii) proceed with the normal promulgation process set out in this article with the initial publication of the fast-track regulation serving as the Notice of Intended Regulatory Action. 
   
   Alternatively, if objections are not received, the regulation will become effective 15 days after the close of the comment period, unless the regulation is withdrawn or a later effective date is specified by the agency.
   
   Emergency Rulemaking Process
   
   Emergency regulations may be adopted by an agency after consultation with the OAG when it finds that an emergency situation necessitates such regulations.  Approval may only be granted after the agency had submitted a written request stating the nature of the emergency.  The necessity for an emergency regulation is at the sole discretion of the Governor.
   
   Agencies may also adopt emergency regulations in situations in which Virginia statutory law or the appropriation act or federal law or federal regulation requires that a regulation be effective in 280 days or less from its enactment and the regulation is not exempt under the provisions of subdivision A 4 of § 2.2-4006. In such cases, the agency shall state in writing the nature of the emergency and of the necessity for such action and may adopt the regulations. 
   
   Emergency regulations are subject to Executive Review similar to the standard rulemaking process except that the timelines are compressed.  In addition, no EIA is required.
   Emergency regulations shall become effective upon approval by the Governor and filing with the Registrar of Regulations and are limited to no more than 18 months duration.  An additional 6-month extension may be granted. During the 18-month period, additional emergency regulations may be issued as needed addressing the subject matter of the initial emergency regulation.  Such additional emergency regulations shall not be effective beyond the original 18-month effective period. In order to continue an emergency regulation after the 18-month period, a regulation to replace the emergency regulation must be promulgated using the applicable regulatory process under the APA.
   
   Over the history of the hazardous waste program, VDEQ had not utilized the emergence rulemaking process for any hazardous waste regulations.
   
   Exempt Rulemaking Process
   
   Under the APA, certain regulatory actions are exempt from otherwise applicable rulemaking procedures.  The types of actions that are exempt include agency orders or regulations fixing rates or prices; regulations that establish or prescribe agency organization, internal practice or procedures, including delegations of authority; and regulations that only consist of changes in style or form or corrections of technical errors.  In addition, regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved; required by order of any state or federal court of competent jurisdiction where no agency discretion is involved; or necessary to meet the requirements of federal law or regulations, provided such regulations do not differ materially from those required by Federal law or regulation. 
   
   The exempt rulemaking process is the process that the VDEQ uses to incorporate federal hazardous waste management regulations by reference into the VHWMR. 
   
   Under this process, the VDEQ staff propose to the WMB that the new federal regulation be incorporated into the VHWMR.  The WMB votes upon the action at an open and publically called meeting.  If approved, notice of the proposed adoption is published in the Virginia Register and becomes effective no earlier than 30 days after publication.  As part of the notice, the agency will state that it will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision of the regulation.

    Notification
   
   Virginia has adopted 40 CFR Part 262 by reference.  Additional Virginia specific requirements related to notification are set out in Part IV of the VHWMR.  The VHWMR provide equivalent notification requirements to the statutory provision of RCRA. All persons who generate, transport, store, treat or dispose of hazardous waste are required to notify the Director using EPA forms (Form 8700-12). The information is entered into the RCRAInfo database by VDEQ. VDEQ staff will issue identification numbers if one does not exist, using the EPA numbering system and format.

    Coordination of Information regarding Interstate and International Shipments
   
   All information received by VDEQ regarding interstate or international shipments will be sent to the regional Land Program Manager for inclusion in the compliance file and for use by the inspectors. Any information received by VDEQ concerning international shipments or shipments to other states will be forwarded to the EPA regional office or the appropriate state if it appears that such information may have been received exclusively by Virginia. VDEQ will provide the EPA and other states with such information in its possession as they may reasonably request. Further, if VDEQ can reasonably acquire such information that EPA or another state has difficulty in acquiring, it will attempt to acquire the information and provide it as requested.

    Permitting/Closure/Corrective Action Review Procedures - §271.6(c)
   
   Both the enabling legislation (Chapter 14, Title 10.1, Code of Virginia (1950), as amended) and the regulations (VHWMR 9VAC 20-60-270) require a permit for the treatment, storage, or disposal of hazardous wastes. The Virginia regulations provide for specific inclusions and exclusions of the Federal regulations  as described in VHWMR 9VAC 20-60-270 A. and 9VAC 20-60-270 B. and for specific prohibition of disposal of hazardous wastes by means of underground injection (9VAC 29-60-270 B.4). To eliminate duplication of regulatory effort and to minimize the burden of duplicate requirements upon the regulated entities as provided for in §10.1-1402(9), Code of Virginia, the regulations also provide for the continued validity of federally issued permits (9VAC 20-60-270 B.5.).
   
   The operators of hazardous waste TSD facilities are required to submit complete applications to the Director (VHWMR 9VAC 20-60-270) prior to construction of a new facility, and/or prior to expiration of an existing permit. The owners of the facilities operated by another party also are required to sign the application (VHWMR 9VAC 20-60-270 B.). The parties who operate facilities subject to permits-by-rule, emergency permits and continued federal permits are exempt from the completeness requirements.
   
   Hazardous waste management facilities that were in existence when RCRA was promulgated in 1980 are required to submit the Part A application and, upon request, submit the Part B application to the Director. This same procedure is also applicable to facilities that become newly regulated because of amendments to RCRA. Failure to submit Part B applications upon request results in the termination of interim status. In case of new facilities, Parts A and B have to be simultaneously submitted to the Director prior to construction of the facility. Construction cannot begin prior to the receipt of a finally effective hazardous waste management (HWM) permit, since Virginia does not provide for a two stage permitting process. All applications must be properly signed, certified, and must contain information required by 40 CFR §270.13 (Part A) and 40 CFR §270.14 (Part B) as incorporated by reference in VHWMR 9VAC 20-60-270. 
   
   Once an application has been determined to be technically complete, the Director will tentatively decide whether to prepare a draft permit or to deny the application, which is a type of draft permit. The requirements for the contents of the draft permit are contained in 40 CFR §124.6 and VHWMR 9VAC 20-60-124. In case of permits for major facilities or facilities subject to significant public interest, a fact sheet will be prepared. The contents of the fact sheet are specified in 40 CFR §124.8 and VHWMR 9VAC 20-60-124. Once the draft permit or the notice of intent to deny a permit have been prepared, the Director will give public notice providing for the opportunity to comment and to request a hearing. The procedure allows at least 45 days for comments and requests. The Director will hold a public hearing either upon receiving a request or upon his own discretion in the absence of such a request, to receive written or oral comments which may clarify issues involved in permit decisions (40 CFR §124.12 and VHWMR 9VAC 20-60-124). All persons contesting the permit or permit conditions have an obligation to raise issues and provide information during the public comment period (40 CFR §124.6 and VHWMR 9VAC 20-60-124). Based on the merits of the application and the results of the public participation, Director will render the final permit decision. At that time he will issue a response to the comments received which will be made available to the public (40 CFR §124.12 and VHWMR 9VAC 20-60-124).
   
   The mechanism for the appeal of a decision on the issuance or denial of permits is addressed in the Virginia Administrative Process Act (VAPA) in the Article dealing with the case decisions (Chapter 40, § 2.2-4000 et seq., of Title 2.2). Section § 2.2-4019 of the VAPA provides for informal fact-finding proceedings before the Director or his agent. These proceedings provide for the right of the parties to have reasonable notice to appear in person or by counsel, to have notice of any contrary fact basis or information, to receive prompt decision and to be informed of the factual or procedural basis for an adverse decision. This section enables VDEQ to first attempt to resolve controversies by consent. Should such consent not be achieved, § 2.2-4020, VAPA, provides for the formal taking of evidence upon relevant fact issues. Decisions or recommended decisions and findings of act arising from such a formal hearing become a part of the record. In support of its fact finding procedures, VDEQ may issue subpoenas requiring testimony or the production of evidence subject to certain rights specified in § 2.2-4022, VAPA. The final permit decision will be furnished to the applicants and, together with the full record or case file, will be made available for public inspection or copying subject to certain exceptions specified in § 2.2-4023, VAPA. Any party aggrieved by and claiming unlawfulness of the permit decision has a right to the direct court review. The conditions and the mechanism of such review are specified in Article 5 of the Administrative Process Act, § 2.2-4026, et seq.
   
   The VHWMR provide for certain exemptions from the full permit issuance procedures: continued federal HWM permits (VHWMR 9VAC 20-60-270.B.5.), interim status (VHWMR 9VAC 20-60-270.B.7), permits-by-rule, emergency permits, trial burn permits, and land treatment demonstration permits (VHWMR 9VAC 20-60-270). VHWMR 9VAC 20-60-270 includes Research and Development permits provided for by 40 CFR 270.65. These exemptions are based on the permissive authorities contained in § 10.1-1402(9) of the Code of Virginia (1950), as amended.
   
   In accordance with VHWMR 9VAC 20-60-270.B.5, hazardous waste management facilities that possess a RCRA permit issued by EPA are deemed to possess a valid permit in Virginia for the unexpired term of the EPA issued permit. Additionally, EPA permits, which were issued to Virginia facilities pursuant to HSWA requirements and constitute the federal portion of the combined Virginia-EPA permit, are considered as addenda to the Virginia permits and remain in effect for the unexpired term of the Virginia permit.
   
   Facilities in operation on the date that applicable regulations become effective (i.e., "existing facilities") are considered to have interim status and are treated as having been issued a permit providing they meet the qualifications required by VHWMR 9VAC 20-60-270.B.7. Changes during interim status may be approved if the requirements of 40 CFR Part 270 Subpart G, as incorporated by reference in VHWMR 9VAC 20-60-270 are met. The VHWMR provide for termination of interim status for cause as described in VHWMR 9VAC 20 - -60-270.B.7. Such termination is subject to appeal procedures contained in VAPA and described previously. Currently, there are no facilities in Virginia operating under interim status.
   
   Owners or operators of vessels used for ocean disposal and owners and operators of publicly owned treatment works are deemed to have a hazardous waste management permit if the conditions listed in 40 CFR §§ 270.1(c)(1)(ii) and 270.1(c)(1)(iii), incorporated by reference in VHWMR 9VAC 20-60-270, are met. Since Virginia regulations specifically prohibit disposal of hazardous waste by underground injection, no "permit-by-rule" provision exists for such disposal.
   
   In cases of imminent and substantial endangerments to human health or the environment, the Director may issue temporary emergency permits. The conditions and limitations on such permits are described in 40 CFR §270.61 (VHWMR 9VAC 20-60-270). The Virginia requirements for the trial burn permits as shown in 40 CFR §270.62 (VHWMR 9VAC 20-60-270) are based on the federal requirements.
   
   40 CFR §270.30 (VHWMR 9VAC 20-60-270) describes conditions applicable to permits and specifies various duties and requirements to be expressly addressed in each permit. The manner of establishing such conditions is described in 40 CFR §270.32 (VHWMR 9VAC 20-60-270). The administrative requirements concerning the effects of a permit, transfer of the permits, schedules of compliance, and requirements for recording and monitoring results are contained in 40 CFR §270.30  through 40 CFR §270.33  (9VAC 20-60-270). The duration of the Virginia HWM permit is limited by regulation to at most 10 years as per 40 CFR §270.50(a) (VHWMR 9VAC 20-60-270). The requirement to review land disposal permits is contained in 40 CFR 270.50(d).
   
   Virginia regulations provide for modification, revocation and reissuance, or termination of permits. The general administrative rules follow the federal regulation in 40 CFR §270.41 and are incorporated by reference in VHWMR 9VAC 20-60-270, those for modification or revocation and re-issuance, and those for termination in 40 CFR §270.43. Modifications, revocations, re-issuance and notices of intent to terminate are considered to be a type of draft permit and are governed by appropriate regulations mentioned previously. Virginia Administrative Process Act procedures are applicable in all such cases.
   
   To date, all treatment and storage facility operating permits have been issued.

 Facility Closure Plan Reviews - 40 CFR § 271.6(b)(1)

      The staff engaged in the hazardous waste permitting program also performs plan reviews (e.g., closures) and assists the regulated community with technical advice regarding closure of hazardous waste management units. Closure of regulated hazardous waste management units is performed per the closure standards of 40 CFR 265 and 40 CFR 264. Operators of permitted hazardous waste TSD facilities are required to submit notification to the Director prior to commencement of partial or final closure. This notification allows VDEQ the ability to review the permit's closure plans to ensure compliance with current standards. Additionally, interim status facilities are required to comply with the same requirements for the closure plan (including contingent and post-closure plans, as applicable). Once received, the closure plan is made available for public comment for 30 days. The Director will then approve or disapprove the plan. If disapproved, the facility may appeal the decision in accordance with the VAPA or submit a modified or new plan. If the new or modified plan still is deficient, the Director may modify the plan that will then become the approved plan.
      
      Once the plan is approved, the facility is required to close the unit within the appropriate time as allowed per 40 CFR § 264.113 (VHWMR 9VAC 20-60-264). Certification of closure and supporting documentation is required to be submitted to the Director within 60 days of each closure (whether partial or full). The certification is signed by the owner or operator and by an independent, Virginia registered professional engineer. Additionally, if the facility closes the unit with hazardous constituents left in-place, the facility must apply for a post-closure care permit for the unit.
      
      Facilities with unauthorized hazardous waste management units are identified by the compliance inspections and required to close these units through enforcement actions as described in the Enforcement Manual. Closure plan submittals for these facilities follow a similar procedure for review and approval; however, the standards for permitted units (VHWMR 9VAC 20-60-264) are applied.
      
 Corrective Action Program  -  40 CFR §271.6(b)(1)

      Virginia uses a prioritization system that provides results consistent with national priorities to address the most environmentally significant sites first. Virginia has actively participated in and supported EPA's effort to rank Virginia's sites using the National Corrective Action Prioritization System (NCAPS). Virginia will continue to use this system in the future for new sites, or sites which still need to be ranked. Virginia will support EPA Region III's efforts to meet Government Performance for Results Act (GPRA) goals by addressing high priority sites first, and by continuing to address these high priority facilities until groundwater releases and human exposures have been controlled.
      
      Corrective Action activities (interim measures, RFAs, RFIs, CMSs, CMIs, etc.) will be completed using current EPA guidance, manuals and policies. The State makes consistent progress toward meeting cleanup activity goals for the RCRA Corrective Action 2030 universe of facilities. Virginia's corrective action activities are performed by staff of the Office of Remediation Programs (ORP) with permitting support from the Office of Financial Responsibility and Waste Programs (OFRWP) through a Workflow Processing and Coordination between the OFRWP and ORP Agreement (August 2010). The Workflow agreement details the responsibilities of each office to ensure the Corrective Action program is implemented properly. The ORP staff is the technical lead for corrective action activities. ORP is responsible for reviewing and approving CA-related plans, reports, etc. as required by the permit or, if applicable, by the closure plan, and is responsible for the CA permit module development and modification.  The OFRWP staff are responsible for the non-groundwater/CA components and overall coordination of closure plans and any permit-related actions (issuance, reissuance or modifications). OFRWP will accomplish all administrative activities related to these actions, including completion of RCRAInfo forms and adding permit-related documents to the Enterprise Content Management (ECM) database used by DEQ as the electronic file of record for the agency.
      
      The State consistently meets, or is making significant improvements toward meeting, corrective action grant commitments. Virginia has met many of its corrective action grant commitments over the last three years. During each of the last three fiscal years, Virginia has been amenable to taking on additional corrective action projects that have arisen during the course of the year as EPA corrective action staff have retired or changed positions. 
 
    Interim Status Facility
   
   At 9VAC 20-60-265, Virginia has incorporated 40 CFR Part 265 and has identical requirements for interim status with the more stringent exception that interim status facilities are required to comply with the same provisions for closure and post-closure care that apply to permitted facilities.
   
    Biennial Reports
   
   Virginia's regulations incorporate the federal regulations regarding biennial reporting and are identical in their requirements. Reports are processed through the Biennial Reporting System and RCRAInfo process. For receiving 2021 hazardous waste biennial reports, VDEQ uses the Biennial Report online application developed by the U.S. Environmental Protection Agency. All Large Quantity Generators (LQGs) and Treatment, Storage, and Disposal Facilities (TSDFs) in Virginia are encouraged to submit their Biennial Report using this system.

    Enforcement General Inspections

   Inspections are conducted by the regional inspection staff using inspection checklists. VDEQ has developed checklists similar to those in use by EPA and developed additional checklists for requirements that are unique to Virginia's regulations and program.
   
   Inspectors are retrained at least annually on safety and program basics. Semi-annual meetings are normally held for training updates on new regulations and procedures. Extensive specialized training on special issues are offered as lectures or as materials become available. The Hazardous Waste Compliance Coordinator also occasionally accompanies inspectors to provide on-the-job training, especially to less experienced inspectors. The Compliance Coordinator also develops and distributes specific guidance papers on special topics like the management of solar panels or hazardous waste pharmaceuticals.
   
   Because of the limited availability of funds, inspection priorities and goals are negotiated with EPA Region III staff to accomplish the best mix to satisfy program requirements. The annual goals are divided into quarterly goals and monitored by the RCRAInfo Coordinator and the Hazardous Waste Compliance Coordinator.
   
    Waste Minimization/Pollution Prevention
   
   VDEQ, through its Office of Pollution Prevention (OPP), has promoted the development and use of Environmental Management Systems (EMS) as a method for achieving long-term environmental improvement, hopefully by means of source reduction at facilities around Virginia.  In an effort to assist these companies, VDEQ has developed the Virginia Environmental Excellence Program (VEEP).  Participation in VEEP is voluntary, and the program offers recognition, assistance, and incentives to encourage the development of an EMS by businesses, manufacturers, government agencies, and other organizations.
   
    Availability of Information Procedures
   
   The public may obtain information related to the hazardous waste management program from VDEQ's web site, WWW.DEQ.Virginia.gov or by submitting a Freedom of Information Act (FOIA) request from the following page on VDEQ's website: https://www.deq.virginia.gov/get-involved/about-deq/freedom-of-information-act. A small fee may be associated with large or difficult requests to cover the cost of staff time for retrieving electronic records or for duplication if a paper copy is requested. All FOIA requests are tracked and responded to in accordance with the Act. The FOIA specifically addresses citizens of Virginia; however, VDEQ attempts to process FOIA requests from outside of Virginia under the same procedures, except that response times may exceed those for Virginia citizens.
   
   Except for information submitted with a subsequently-approved trade secret information protection form, VDEQ will not hold information as business confidential. VDEQ requires any submissions with an approved trade secret request form to include a version which does not include the confidential information to be available for the public upon request.

    Appeal Procedures
   
   Anyone with standing who is aggrieved by any action of VDEQ should notify the Director at Director, Virginia Department of Environmental Quality, Post Office Box 1105, Richmond, Virginia 23218. All appeals and requests for a case decision will be governed by the VAPA. Both informal and adjudicatory procedures are available under the Act. Persons with standing may also seek judicial review directly in the Virginia circuit court of venue.

                Section 6. Compliance Tracking and Enforcement

   In the fulfillment of its grant commitments each fiscal year, VDEQ has formulated a comprehensive compliance strategy and conducts enforcement in accordance with established policy. The following description is keyed to the appropriate sections of Part 271, Title 40, Code of Federal Regulations (40 CFR), and only briefly addresses the most pertinent highlights. It should be read in conjunction with the formal RCRA Subtitle C Compliance Monitoring Strategy and the VDEQ Civil Enforcement Manual document dated April 28, 2009 (as updated on May 2, 2012; December 30, 2014; July 1, 2016; November 22, 2016;  December 1, 2016; and January 3, 2022). 

    General  -  40 CFR 271.6(e)
   
   Virginia's enforcement procedures are based on the Virginia Waste Management Act, the Virginia Administrative Process Act, and current regulations, and are consistent with federal requirements under 40 CFR § 271.6(e).
   
   VHWMR 9VAC 20-60-262, 264, 265, and 270, and other pertinent sections of Virginia's regulations currently through Amendment 20, assure that operations of hazardous waste management facilities are conducted in accordance with State (and federal) standards and that permits issued by the State meet the requirements for Final Authorization. This includes compliance by hazardous waste generators and transporters and other regulated facilities per 9 VAC 20-60-262 and 263.
   
   More specifically, VHWMR 9VAC 20-60-40 and 9VAC 20-60-50 authorize the State to conduct all necessary inspections, investigations, sampling and follow-up activities required to assure compliance. Coordination with other state agencies and the federal Department of Transportation is assured under VHWMR 9VAC20-60-420.

    Identification of the Regulated Community
   
   In the thirty five years since base authorization was granted, the universe of hazardous waste and regulated hazardous waste facilities has changed and grown. Many facilities that initially notified in the early 1980s as small quantity generators have been evaluated and determined to be very small quantity generators, or to no longer exist. Over the years, new listings, used oil and universal waste brought many new generators and handlers into the RCRA universe. The first major revision to the generator requirement since they were first promulgated in 1980 took place in 2017 under the Generator improvements Rule. This rule placed more emphasis on generators making hazardous waste determinations, which should result in an increase in the hazardous waste generator universe. 
   
   Recently, the Hazardous Waste Pharmaceuticals Rule (finalized in 2019 and adopted by Virginia in 2019 under Amendment 20) changed the way that healthcare facilities and reverse distributors who generate and manage hazardous waste pharmaceuticals are regulated, and brought many new healthcare facilities into the hazardous waste universe that had not previously known that they were regulated by the incorporation of 40 CFR §266 Subpart P. Additionally, sewering of hazardous waste pharmaceuticals by these healthcare facilities is now prohibited which necessitates these healthcare facilities finding new ways to manage hazardous waste pharmaceuticals
   
   In the current program in 2022, identification of non-notifiers continues to be a major compliance effort in Virginia. VDEQ has conducted outreach and hazardous waste determination training specifically aimed at healthcare facilities and non-notifiers. Referrals from the Pollution Response and Preparedness program at VDEQ continue to bring new facilities into the hazardous waste program as well. Also, the solid waste facilities, fire and police officers, Occupational Safety and Health Administration inspectors and many others are likely to spot inappropriate activity and know VDEQ as the place to report suspected acts. VDEQ also operates the SARA Title III program and has information available to it from its Clean Water Act and Clean Air Act programs, among others.

    Inspection and Workload Analysis

   VDEQ's current level of staffing is capable of performing the authorized program with negotiated VDEQ/EPA goals. Currently, these goals target inspections that are risk-based. An expanded and enhanced program that considers the entire universe of hazardous waste facilities would be desirable, but does not seem likely with decreasing funding that has taken place over the years. However, Virginia continues to maintain a high quality program through internal tracking and work-sharing across VDEQ regions. This kind of cooperation is especially desirable since it leads to a mentoring situation and insures that the highest level of expertise possible is available for that effort.

    Data Management
   
   One way that VDEQ and EPA have and will be able to manage the increasing effort is by more sophisticated data management. In 2000, the data contained in the RCRIS data base moved into an ORACLE(R) system called RCRAInfo with VDEQ remaining responsible for management of Virginia's sector.  Today VDEQ manages both the Biennial Reporting System and RCRAInfo for Virginia's sector. 
   
   In 1996, VDEQ began direct input into the RCRIS (current RCRAInfo) database system and assumed total management of the Virginia RCRIS sector in 1997. DEQ is the implementer for all RCRAInfo modules and responsible for entering information into the system and maintaining system security.  There are six data modules in RCRAInfo as well as the Biennial Reporting (BR) component.  Of the six modules, only the Geographical Information System (GIS) module is optional.  The six modules are:

       Handler
      
       Compliance, Monitoring, and Enforcement (CM&E)
      
       Permitting
      
       Corrective Action (CA)
      
       Financial Assurance (FA)
      
       Geographical Information System (GIS)

   VDEQ is also responsible for approving the site management requests from facilities to submit e-manifests online.  VDEQ opted to use EPA's MyRCRAId tool to receive new and subsequent notifications for site IDs online in addition to paper. For the 2021 BR, VDEQ uses RCRAInfo Version 6 to submit data to EPA.
   
   The use of these modern tools is not only efficient and reduces the need for additional staff, but it also encourages other efficiencies such as data quality. To maintain data quality, VDEQ follows the RCRAInfo technical document provided in Attachment III.
   
    Compliance Monitoring
   
   Inspectors in the regional offices, regional Land Protection Managers, along with a compliance coordinator and program manager in the Central office keep the program running efficiently and smoothly. These individuals have established a system of continuous communication and consultation to maintain the quality and consistency of the compliance program. VDEQ has continued to implement its hazardous waste inspector training program, including a semi-annual training meeting with EPA, annual inspector workshops, monthly conference calls, special training for new program elements (such as GIR and the HW Pharmaceuticals Rule) and the hosting of EPA-sponsored seminars and similar seminars by national organizations. These existing efforts are adequate to carry on the fully authorized program.
   
    Enforcement Process

       Pathways  -  40 CFR § 271.15(b)

      The primary pathway by which violations come to VDEQ's attention is the regularly scheduled compliance evaluation inspection. While such a process is resource intensive, there is no feasible substitute for a thorough inspection and physical inventory of all required safeguards and documents to determine a meaningful compliance assessment with all the regulatory requirements. To ensure that VDEQ's limited inspection resources are optimized, VDEQ established the following prioritization scheme listed in decreasing order of priority:

          Re-inspection of all handlers with unresolved non-compliance history; 
      
          Inspection of commercial TSDs every two years;
      
          Inspection of Land Disposal facilities every three years;
      
          Inspection of Large Quantity Generators at least every five years;
      
          Inspection of five percent of the small quantity or very small quantity generator universe every year except where authorized to off-set such inspections pursuant to the EPA Compliance Monitoring Strategy; and
      
          Inspection of RCRA-regulated facilities and transporters, including hazardous waste fuel generators, burners of used oil and mixed waste generators.

      
      Prior to each field inspection, the entire record of the handler, including information obtained from other VDEQ programs, is reviewed in the office to ensure that the inspector knows about all pertinent documents.
      
      For Virginia's permitted TSD universe, compliance monitoring and enforcement procedures do not distinguish between interim status facilities, facilities that have received final permits, and facilities in the permit reissuance process. Virginia does not currently have any interim status facilities. Should any new facilities apply for hazardous waste permits in the future, those facilities would be inspected at the same frequency as permitted facilities, even though the standards against which compliance is evaluated differ substantially. Additionally, much of the evaluation of the adequacy of the planning documents (prevention and preparedness, contingency, waste analysis, environmental monitoring, closure and post-closure, etc.), which are currently performed at the facility being inspected during the course of the on-site evaluation, would be carried out in the office during the permitting process. Therefore, inspecting against permit conditions will save considerable field time. Thus, the workload associated with the evaluation program is expected to remain essentially unchanged.
      
      The number of inspections and priorities for inspections for future years will be negotiated annually between VDEQ and the EPA Region 3 as part of the grant process and will reflect the annual RCRA guidance. In addition to regularly scheduled compliance evaluation visits, VDEQ investigates all reported or suspected violations brought to its attention by other State Offices (e.g., Virginia Department of Labor and Industry, Virginia State Police, local health departments, etc.) or by private citizens. As part of our regionalization concept, attention to these reported/suspected violations is increased, as the staff performing the compliance-assurance visit is more accessible in the regional offices.
      
      The last pathway by which violations are detected is the review of documents required for periodic submissions such as the financial responsibility requirements, the biennial report, and treatment, storage and disposal facility reports.
      
      The Virginia Regulations Governing Transportation of Hazardous Materials (9VAC 20-110-10, et seq., Appendix A) are enforced by the Virginia State Police and local law enforcement officers that have received training in hazardous materials transportation. Any violations of the Hazardous Waste Management Regulations detected in transit are reported to VDEQ for further enforcement. The staff routinely inspects transfer facilities of transporters of hazardous waste.
      
       Violation Classification - 40 CFR §§ 271.6(e) and 271.16(c)

      While every instance of non-compliance with the regulatory requirements must be corrected, the inherent nature of the regulations dictates a graduated response to the situations encountered in the regulated community. Such graduated response will depend very heavily on the context of the circumstances prevailing at the management level, history of non-compliance with the regulatory requirements, failure to perform necessary preventive or corrective actions, failure to establish the effective management systems and controls, as well as the possibility that non-compliance with regulations might result in an economic benefit to the violator.
      
      VDEQ ensures that the compliance inspection staff performs high quality inspections and prepares complete and accurate inspection reports following the principles established in the OECA Program Manager's Guidance, RCRA Subtitle C Program Compliance Monitoring Strategy, EPA's 2003 Hazardous Waste Civil Enforcement Response Policy, and the VDEQ Hazardous Waste Inspector Handbook (2016) which is  an internal inspection guidance manual, that includes current inspection checklists, compliance assistance materials, and inspection procedure protocols. VDEQ conducts an annual training seminar for inspectors to address new issues, regulation changes, and review established agency procedures, and provides several EPA sponsored training opportunities on specific topics throughout the year. VDEQ central office evaluates and ensures consistency in the quality of the regional inspection program by review of inspection reports, joint inspections with each regional inspector, a monthly conference call with regional staff to address specific compliance related issues, and by providing daily and as needed technical assistance to regional staff through the hazardous waste compliance coordinator.
      
      VDEQ takes timely and appropriate enforcement action and makes Significant Non-Compliance (SNC) designations in accordance with EPA's 2003 Hazardous Waste Civil Enforcement Response Policy and the 2009 Virginia VDEQ Civil Enforcement Manual (as amended).
      
      Internal consistency of the classification system is achieved through the personal involvement of the Deputy Regional Directors, Regional Enforcement staff, Regional Land Protection Manager(s), and the Central Office compliance and enforcement support staff. Additionally, the enforcement guidance is utilized to promote consistency between the regions. Before a course of action is selected, the violations are put into proper historical and factual contexts to ensure a fair and measured response to the discovered non-compliance.
      
       Enforcement Events and Tools  -  40 CFR § 271.6(e) 

      The typical chain of events from the point of detection of a violation to its final administrative disposition is shown in the Enforcement Manual.
      
      When a violation occurs that is found to require an emergency action to correct issues that are immediately dangerous to the public life and health, the Waste Management Board (or the Director when the Board is not in session) is authorized to issue separate orders and regulations pursuant to § 10.1-1402(17), Title 10.1, Code of Virginia (1950), as amended. Alterna - tively, the violation may be referred to the Office of the Attorney General to seek a temporary restraining order or other appropriate remedies from the civil court. When such an emergency situation arises, VDEQ staff will immediately contact both the Attorney General's Office and the Director for instruction and an authorization to proceed with the alternative selected. Should the information indicate that the violation was a knowing act (§ 10.1-1455B, Code of Virginia (1950), as amended), the Director may refer the case to VDEQ of the State Police to initiate the appropriate criminal investigation. The 2005 amendments to the Virginia Waste Management Act increased the fines from $25,000 to $32,500. In case of violations that do not require an immediate action, the inspector and the Regional Land Protection Manager, with the assistance of the Central Office staff, if needed, determine the proper classification of the non - compliance discovered as the result of a compliance-assurance visit or the record review procedure. The detailed procedures are shown in the Enforcement Manual.
      
       Penalty Assessment - § 271.16(c) as described in Section 2 above.

      In § 10.1-1455 C, the Board is authorized to issue orders to require any person to comply with the provisions of any law administered by the Board, the Director or VDEQ, any condition of a permit or certification, or any regulations promulgated by the Board or to comply with any case decision. In § 10.1-1455 G, the Board may issue administrative orders for the violation of: (i) any law or regulation administered by the Board; (ii) any condition of a permit or certificate issued pursuant to this chapter, or (iii) any case decision or order of the Board. Issuance of an administrative order shall be a case decision. Administrative Orders issued pursuant to this subsection may include penalties of up to $32,500 per violation and may compel the taking of corrective actions or the cessation of any activity upon which the order is based. Orders issued pursuant to this subsection shall become effective five days after having been delivered to the affected persons or mailed by certified mail to the last known address of such persons. Should the Board find that any person is adversely affecting the public health, safety, welfare, or the environment, the Board shall, after a reasonable attempt to give notice, issue, without a hearing, an emergency administrative order directing the person to cease the activity immediately and undertake any needed corrective action. The Board shall then, within ten days, hold a hearing, after reasonable notice as to the time and place thereof to the person, to affirm, modify, amend or cancel the emergency administrative order. If the Board finds that a person who has been issued an administrative order or an emergency administrative order is not complying with the orders terms, the Board may utilize the enforcement and penalty provisions of this article to secure compliance.
      
      Paragraph 10.1-1455 D, Title 10.1, Code of Virginia (1950), as amended, applicable in general to the penalties imposed by the Board or the Director, provides that willfully violating or refusing, failing or neglecting to comply with any regulation or order of the Board or the Director, any condition of a permit or certification or any provision of this chapter shall be guilty of a Class 1 misdemeanor unless a different penalty is specified. In addition, § 10.1-1455B provides that any person who knowingly transports any hazardous waste to an unpermitted facility; who knowingly treats, stores, or disposes of hazardous waste without a permit or in violation of a permit; or who knowingly makes any false statement or representation in any application, disclosure statement, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of hazardous waste program compliance shall be guilty of a felony punishable by a term of imprisonment of not less than one year nor more than five years and a fine of not more than $32,500 for each violation, either or both. An amendment at § 10.1-1455 I provides that any person who knowingly transports, treats, stores, disposes of, or exports any hazardous waste in violation of this chapter or in violation of the regulations promulgated by the Board and who knows at the time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be guilty of a felony punishable by a term of imprisonment of not less than two years nor more than fifteen years and a fine of not more than $250,000, either or both. A defendant that is not an individual shall, upon conviction of violating this section, be subject to a fine not exceeding the greater of one million dollars or an amount that is three times the economic benefit realized by the defendant as a result of the offense, whichever is greater. The maximum penalty shall be doubled with respect to both fine and imprisonment for any subsequent conviction of the same person. Cases of such nature are brought before an appropriate court by Virginia attorneys and may be investigated by the Bureau of Criminal Investigations, the Department of State Police, the Federal Bureau of Investigation, or local police authorities. VDEQ coordinates with those agencies by participating in several regional environmental crime task forces.
      
      VHWMR, 9VAC 20-60-70 F, provides for the public participation in the enforcement process by requiring that all citizen complaints be investigated and responded to in writing, not opposing on intervention and by publishing notices for 30 days of public comment for any settlements of civil enforcement action.
      
      Civil penalties sought or agreed upon by VDEQ will be commensurate with the violation. Pursuant to Section 10.1-1455(L), the Board has established criteria for calculating a civil penalty and developed guidance implementing this criteria. The actual penalty will take into account:
      
          An amount appropriate to address harm or risk to public health or the environment;
      
          An amount appropriate to remove the economic benefit from the delayed compliance;
      
          The degree of recalcitrance, defiance or indifference on the part of the violator;
      
          Extraordinary cost of investigations, inspections, or monitoring incurred by Virginia; and
      
          Factors beyond the violators control.

      Civil charges provided for in § 10.1-1455 F would normally be sought from violators that may have gained significant economic benefit from non-compliance, from violators who might perceive that an order is not a sufficient deterrent or who might otherwise not act on an order, or SNCs. The amount of such charges will take into account the factors listed for civil penalties and be in accordance with the follow OCEA civil enforcement policy for RCRA.
      
      [Note: See also VDEQ Civil Enforcement Manual, Appendix A, which contains the waste penalty policy, civil charge policy and other detailed description of the enforcement policies and procedures.]
      
       Legal Staff Resources  -  40 CFR § 271.6(b) 

      The Virginia Hazardous Waste Management Program is supported by the Office of the Attorney General (OAG) primarily through assistant attorney generals who furnish support expertise and representation in all matters of enforcement, permit issuance, and program development. The OAG currently maintains an environment and natural resources section which provides primary representation and advice to VDEQ and which maintains at least one assistant attorney general who is assigned waste program representation.  Additional support may be received from other attorneys should the need arise. The routine direct access in these cases, as a matter of the internal policy of VDEQ are limited to the Director, Division Directors, the Regional Directors, the Regional Assistant Directors, Office Directors, and specified others. In case of an emergency need for legal assistance, all members of VDEQ have and will continue to have direct access to the attorneys.
      
    Inspection Practices and Procedures

 Types of Inspections  -  40 CFR §§ 271.15(b) and (d)

      It is the policy of VDEQ to perform compliance evaluation inspections (CEI) or focused compliance inspections (FCI) of persons engaged in hazardous waste management subject to Virginia regulations. These comprehensive surveys are performed during field visits irrespective of the nature of the handler (generator, transporter, or operator of a facility) or the reason for such a visit (periodic inspection, compliance reinspection, investigation of a complaint, result of the record review, facility self-disclosure). This policy is based on the philosophy that the resources expenditures involving travel justify expenditure of time required to perform CEI's and would often eliminate the need to schedule a routine periodic inspection at a later date, thus saving resources for both the State and company personnel. As a part of each CEI or FCI, all applicable checklists are filled out. These checklists are filled out at the time of CEI or shortly thereafter in the office. A copy of completed documents is mailed to the inspected facility, along with a letter summarizing the results of the visit and requiring corrective action, if any, issuing a warning or issuing a notice of violation. The priority of scheduled (periodic) visits has been described previously in Section F.1 of this document.
      
      Compliance reinspections are performed, in general, as soon as possible after the expiration of the compliance deadline except in cases when full compliance may be achieved by the violator by furnishing VDEQ merely the corrected version of the deficient documents. Should a visit be indicated, reinspection is always coupled with a CEI or FCI as mentioned above.
      
      Unless the investigation of a complaint indicates that the activity should not be regulated under the VHWMR, a CEI or FCI may be performed at the time of the visit. As mentioned in Section F.4 of this document, all reported or suspected violations are investigated by VDEQ. The investigation would involve a visit if the information is available to locate the site where the alleged violation(s) occurred.
      
      In addition to various field inspections described above, VDEQ conducts reviews of records pertaining to groundwater monitoring, closure and post-closure plans, financial documents, exception/discrepancy reports, and the required periodic reports. These record reviews are conducted both on a scheduled basis timed to follow shortly upon the expiration of the reporting deadline and prior to each CEI, when all records pertaining to the activity are reviewed by the person who will perform the inspection. A review of the records that are required to be kept at the activity are routinely performed during each CEI.
      
 Inspection Personnel -	40 CFR §§271.6(b)(1) and 271.15(b)

      Only employees of VDEQ or occasionally EPA perform inspections and record reviews. The program has not used in the past, nor does it intend to use in the future, contractor personnel to perform any compliance evaluation action. 
      
 Personnel Qualifications  -  40 CFR §§ 271.6(b)(1) and 271.15(b)

      All VDEQ personnel engaged in field inspections are required to be technically proficient in the basic sciences such as chemistry, hydrogeology, and environmental science. Senior staff hold higher level degrees or have extensive experience in the environmental science field. All newly hired personnel undergo internal training by the experienced members of VDEQ, in all aspects of the RCRA program and conducting inspections, before they are scheduled to perform independent work. Whenever EPA seminars, workshops or short courses are announced, the maximum available staff is encouraged to attend. The intent of the training program is to foster the broadest competence in all aspects of the RCRA program. Experienced personnel attend technical refresher training, research and development oriented seminars, and conferences sponsored by the professional societies in their own professional field. VDEQ maintains an Office of Training Services to provide assistance in the identifying and scheduling of training for new and experienced inspectors.  
      
    Compliance/Enforcement Organization  -  40 CFR §§ 271.6(b), 271.6(e) and 271.15(b)

      The present compliance and enforcement staff is sufficient to carry out the program's enforcement and compliance responsibilities.
      
      VDEQ does not plan to rely on EPA contractors to provide technical support for the compliance/ enforcement programs. Should such a requirement materialize at a later date, the VDEQ program will supplement its expertise using internal expertise throughout VDEQ in a work-sharing capacity.
      
      VDEQ is committed to the policy of resolving all instances of non-compliance identified through various pathways mentioned above at the earliest feasible time. The overall strategy integrating immediate and long-term objectives and of the appropriate program measurements is shown in the Enforcement Manual.

    Radioactive and Hazardous (Mixed) Waste Management Capabilities -  40 CFR §271.6(b)(1)

   VDEQ personnel, by virtue of their college educations, training, and experience, have the 
   ability to effectively regulate mixed waste. There are trained staff in VDEQ and the Virginia Department of Health with the experience and expertise necessary to ensure that proper procedures will be followed to eliminate any radioactive exposure hazard that might be posed to state inspectors during site inspections of mixed waste units. All inspection staff have received appropriate safety training, and comply with recommended safety procedures at each facility that is inspected.
   
    Manifest System  -  40 CFR §271.6(f)
   
   Virginia has elected to incorporate by reference and follow the federal manifest system procedures and has not required submission of the individual manifests to VDEQ for processing. However, Virginia does require submission of the biennial reports by large quantity generators, and owners or operators of TSD facilities.
   
   The VHWMR by incorporated federal text requires the use of manifests, which can be paper, electronic, or a combination by all that manage hazardous wastes, unless excluded by the regulations. This is consistent with Federal requirements. EPA has moved to the use of an electronic manifest system effective June 30, 2018. EPA is implementing this program, although VDEQ has adopted the regulations applicable to electronic manifest for convenience of the regulations. 
   
                   Section 7. Estimated Regulated Activities

    Estimated Types and Number of Regulated Activities - §271.6(g)-(h)
   
   The estimated types and numbers of regulated activities in Virginia are presented in Table 4. 
   It is estimated that there are seven mixed radioactive waste generators in Virginia. These include the Virginia Power nuclear reactors in Surry and Louisa counties, the Norfolk Naval Shipyard, as well as hospitals, industry, disposal service companies, and the federal and state agencies.
Table 4*


                   PERMIT STATUS
                               No. of Facilities

                                INTERIM STATUS
PERMITTED
                                       
Large Quantity Generators
NA
NA
                                      289
Small Quantity/Conditionally Exempt
NA
NA
                                     2082
Subpart P Health Care Facilities
NA
NA
                                      69
Transporters
NA
NA
                                      139
Treatment & Storage Facilities:
on-site 
off-site
0
0
5
3
                                      5
3
Combustion Facilities:
on-site
off-site
0
0
1
0
                                       1
                                       0
Subpart X Facilities
0
3
                                       3
Corrective Action Only Permits
NA
14
                                       
                                       
                                       1
Disposal Facilities:
on-site
off-site
0
0
0
0
                                       0

 
                                    Closing
                        Require Post- 
Closure Permits
                            Post-Closure Permitted
                                     Total
Land-Disposal Facilities
0
0
9
9

Type of Activity
                              Number of Handlers
                            Waste Quantities (tons)
Tons Generated VSQG
                                      667
                                    61,042
Amount Received into the State
                                          n/a
                                      369
Amount Shipped out of the State
                                          n/a
                                    61,432

Breakout of Table 4
Waste Type
Amount (tons)
Characteristic Only
33,627
Listed Only
16,316
Characteristic and Listed
11,095
Unknown
4
*Based on 2022 RCRAInfo data

    Use of Federal Forms - §271.6(d)

   VDEQ presently requires the use of federal forms and does not intend to publish forms other than those contained within the regulations themselves.
   
                       Section 8. Copies of State Forms

All forms used by Virginia for hazardous waste management are forms of the EPA located in Title 40 of the Code of Federal Regulations and are incorporated by reference into Virginia's regulations.


                                  Appendix A 
                          Links to Online References

 Virginia Hazardous Waste Management Regulations: https://law.lis.virginia.gov/admincode/title9/agency20/chapter60/

 Virginia Hazardous Material Transportation Regulations: https://law.lis.virginia.gov/admincode/title9/agency20/chapter110/

 Department of Environmental Quality Enforcement Manual: https://townhall.virginia.gov/L/gdocs.cfm?agencynumber=440

 Inspection Checklists:
https://townhall.virginia.gov/L/ViewGDoc.cfm?gdid=6410

5. Virginia Waste Management Board Public Participation Guidelines:
     9VAC 20-11, et seq.,

6. Department of Environmental Quality's Public Participation Guidelines: 
    9VAC 15-11-50, et seq. 


                        Section 9. List of Attachments

Attachment I -Organizational Charts: Virginia Department of Environmental Quality
Attachment II- Memorandum of Agreement Between EPA and DEQ
Attachment III- RCRAInfo Technical Document
