                         RCRA REVISION CHECKLIST 233A
Checklist A  -  Changes affecting all non-waste determinations and variances   
More stringent for all state programs that did not adopt the January 13, 2015 DSW Rule

                  Revisions to the Definition of Solid Waste
                       80 FR 1694-1814, January 13, 2015
                        83 FR 24664-24671, May 30, 2018
                         (RCRA Cluster XXIV, Non-HSWA)

 Name of State:		Virginia
 State Statutory Authority:	§ 10.1-1402 of the Code of Virginia
 Title of Regulations: 		Virginia Hazardous Waste Management Regulations, 9VAC20-60
 Effective Date:  Annual Update 2015 effective on January 27, 2016 (Virginia Register, Volume 32, Issue 09)
 Date Checklist Completed: 	September 18, 2019
                                       
                                       
                                       
                                       
                             FEDERAL REQUIREMENTS
                                       
                             FEDERAL RCRA CITATION
                                       
                           ANALOGOUS STATE CITATION
                                       
                               STATE ANALOG IS:
                                                                               




                                  EQUIV-ALENT

                                     LESS
                                    STRIN-
                                     GENT

                                MORE STRIN-GENT

                               BROADER IN SCOPE
                                                                               
             PART 260 HAZARDOUS WASTE MANAGEMENT SYSTEM:  GENERAL
                                                                               
                        SUBPART C RULEMAKING PETITIONS
                                                                               
STANDARDS AND CRITERIA FOR VARIANCES FROM CLASSIFICATION AS A SOLID WASTE
                                                                               
Revise paragraph to read: The Administrator may grant requests for a variance from classifying as a solid waste those hazardous secondary materials that have been partially reclaimed, but must be reclaimed further before recovery is completed, if the partial reclamation has produced a commodity-like material. A determination that a partially-reclaimed material for which the variance is sought is commodity-like will be based on whether the hazardous secondary material is legitimately recycled as specified in § 260.43 of this part and on whether all of the following decision criteria are satisfied:
260.31(c)
                              9VAC20-60-1390 B.33
                                       X
                                       
                                       
                                       
                                                                               
Whether the degree of partial reclamation the material has undergone is substantial as demonstrated by using a partial reclamation process other than the process that generated the hazardous waste;
260.31(c)(1)
9VAC20-60-1390.B.3.a
                                       X
                                       
                                       
                                       
                                                                               
Whether the partially-reclaimed material has sufficient economic value that it will be purchased for further reclamation;
260.31(c)(2)
9VAC20-60-1390.B.3.b
                                       X
                                       
                                       
                                       
                                                                               
Whether the partially-reclaimed material is a viable substitute for a product or intermediate produced from virgin or raw materials which is used in subsequent production steps;
260.31(c)(3)
9VAC20-60-1390.B.3.c
                                       X
                                       
                                       
                                       
                                                                               
Whether there is a market for the partially-reclaimed material as demonstrated by known customer(s) who are further reclaiming the material (e.g., records of sales and/or contracts and evidence of subsequent use, such as bills of lading);
260.31(c)(4)
9VAC20-60-1390.B.3.d
                                       X
                                       
                                       
                                       
                                                                               
Whether the partially-reclaimed material is handled to minimize loss.
260.31(c)(5)
9VAC20-60-1390.B.3.e
                                       X
                                       
                                       
                                       
                                                                               
Revise section heading by adding "or for non-waste determinations."
260.33 section heading
9VAC20-60-1390.A.1.d
                                       X
                                       
                                       
                                       
                                                                               
Add or revise paragraph (c): In the event of a change in circumstances that affect how a hazardous secondary material meets the relevant criteria contained in § 260.31, § 260.32, or § 260.34 upon which a variance or non-waste determination has been based, the applicant must send a description of the change in circumstances to the Administrator. The Administrator may issue a determination that the hazardous secondary material continues to meet the relevant criteria of the variance or non-waste determination or may require the facility to re-apply for the variance or non-waste determination.
260.33(c)
9VAC20-60-1420.B.3
                                       X
                                       
                                       
                                       
                                                                               
Add new paragraph 260.33(d): Variances and non-waste determinations shall be effective for a fixed term not to exceed ten years. No later than six months prior to the end of this term, facilities must re-apply for a variance or non-waste determination. If a facility re-applies for a variance or non-waste determination within six months, the facility may continue to operate under an expired variance or non-waste determination until receiving a decision on their re-application from the Administrator.
260.33(d)
9VAC20-60-1420.B.4
                                       X
                                       
                                       
                                       
                                                                               
Add new paragraph 260.33(e): Facilities receiving a variance or non-waste determination must provide notification as required by § 260.42 of this chapter.
260.33(e)
                              9VAC20-60-1420.B.5
                                       X
                                       
                                       
                                       
                                                                              1
Add or revise new section 260.42; section heading: Notification requirement for hazardous secondary materials.
260.42 section heading
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-260A. and 260 B.14
                                       X
                                       
                                       

                                                                              2
Facilities managing hazardous secondary materials under §§260.30, 261.4(a)(23), 261.4(a)(24), 261.4(a)(25), or 261.4(a)(27) must send a notification prior to operating under the regulatory provision and by March 1 of each even-numbered year thereafter to the Regional Administrator using EPA Form 8700-12 that includes the following information:
260.42(a)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-261A. as modified by section 260B.14
                                       
                                       
                                       X

                                                                              1
The name, address, and EPA ID number (if applicable) of the facility;
260.42(a)(1)
                                 9VAC20-60-18.
IBR 9VAC20-60-260A.
                                       X
                                       
                                       

                                                                              1
The name and telephone number of a contact person;
260.42(a)(2)
                                 9VAC20-60-18.
IBR 9VAC20-60-260A.
                                       X
                                       
                                       

                                                                              1
The NAICS code of the facility;
260.42(a)(3)
                                 9VAC20-60-18.
IBR 9VAC20-60-260A.
                                       X
                                       
                                       

                                                                               
Add or revise to read: The regulation under which the hazardous secondary materials will be managed;
260.42(a)(4)
                                 9VAC20-60-18.
IBR 9VAC20-60-260A.
                                       X
                                       
                                       

                                                                              2
Add or revise to read: For reclaimers and intermediate facilities managing hazardous secondary materials in accordance with §261.4(a)(24) or (25), whether the reclaimer or intermediate facility has financial assurance (not applicable for persons managing hazardous secondary materials generated and reclaimed under the control of the generator);
260.42(a)(5)
                                 9VAC20-60-18.
IBR 9VAC20-60-260A. and 260B.14
                                       
                                       
                                       X

                                                                              2
Add or revise to read: When the facility began or expects to begin managing the hazardous secondary materials in accordance with the regulation;
260.42(a)(6)
                                 9VAC20-60-18.
IBR 9VAC20-60-260A. and 260B.14
                                       
                                       
                                       X

                                                                              2
Add or revise to read: A list of hazardous secondary materials that will be managed according to the regulation (reported as the EPA hazardous waste numbers that would apply if the hazardous secondary materials were managed as hazardous wastes);
260.42(a)(7)
                                 9VAC20-60-18.
IBR 9VAC20-60-260A.
                                       X
                                       
                                       

                                                                              2
Add or revise to read: For each hazardous secondary material, whether the hazardous secondary material, or any portion thereof, will be managed in a land-based unit;
260.42(a)(8)
                                 9VAC20-60-18.
IBR 9VAC20-60-260A.
                                       X
                                       
                                       

                                                                              2
Add or revise to read: The quantity of each hazardous secondary material to be managed annually; and
260.42(a)(9)
                                 9VAC20-60-18.
IBR 9VAC20-60-260A.
                                       X
                                       
                                       

                                                                              2
Add or revise to read: The certification (included in EPA Form 8700-12) signed and dated by an authorized representative of the facility.
260.42(a)(10)
                                 9VAC20-60-18.
IBR 9VAC20-60-260A.
                                       X
                                       
                                       

                                                                               
Add or revise to read: If a facility managing hazardous secondary materials has submitted a notification, but then subsequently stops managing hazardous secondary materials in accordance with the regulation(s) listed above, the facility must notify the Regional Administrator within thirty (30) days using EPA Form 8700-12. For purposes of this section, a facility has stopped managing hazardous secondary materials if the facility no longer generates, manages and/or reclaims hazardous secondary materials under the regulation(s) above and does not expect to manage any amount of hazardous secondary materials for at least 1 year.
260.42(b)
                                 9VAC20-60-18.
IBR 9VAC20-60-260A.
                                       X
                                       
                                       


1. These provisions were promulgated under the 2008 DSW rule (October 30, 2008, 73 FR 64668), and are unchanged.  States which did not adopt that rule must adopt these provisions.

2. This provision was affected by the final rule: "Response to Vacatur of Certain Provisions of the Definition of Solid Waste Rule," 83 FR 24664, May 30, 2018. It is optional for states that adopted the 2015 DSW rule.
