9 Va. Admin. Code § 20-81-800

Current through Register Vol. 41, No. 10, December 30, 2024

Section 9VAC20-81-800 - [Effective 1/15/2025] Adoption of 40 CFR Part 257 Subpart D by reference - Standards for the Disposal of Coal Combustion Residuals in Landfills and Surface Impoundments

A. Except as otherwise provided, those regulations of the U.S. Environmental Protection Agency set forth in Subpart D of 40 CFR Part 257 promulgated as of December 14, 2020, wherein they relate to standards for the disposal of coal combustion residuals in landfills and surface impoundments, are hereby incorporated as part of the Virginia Solid Waste Management Regulations, 9VAC20-81. Except as otherwise provided, all material definitions, reference materials, and other ancillaries that are a part of incorporated sections of 40 CFR Part 257 are also hereby incorporated as part of the Virginia Solid Waste Management Regulations.

B. In all locations in this chapter where text from 40 CFR Part 257 is incorporated by reference, the following additions, modifications, and exceptions shall amend the incorporated text for the purpose of its incorporation into this chapter. The following terms, where they appear in the Code of Federal Regulations shall, for the purpose of this chapter, have the following meanings or interpretations:

1. "Director" shall supplant the "State Director" wherever it appears.

2. "Qualified professional engineer" or "engineer" means a "professional engineer" certified to practice in the Commonwealth of Virginia as defined in 9VAC20-81-10.

3. The phrase "or approval from the Participating State Director" throughout 40 CFR Part 257 is not incorporated by reference.

4. Notwithstanding the provisions of 9VAC20-81-800 A, the text of 40 CFR 257.50(e) and 40 CFR 257.90(g) is not incorporated into this chapter.

5. In 40 CFR 257.73(a)(4), the phrase "not to exceed six inches above the slope of the dike" is not incorporated by reference. In 40 CFR 257.73(d)(1)(iv), 257.74(a)(4), and 257.74(d)(1)(iv), the phrase "not to exceed six inches above the slope of the dike" is not incorporated by reference.

C. Definitions in 40 CFR 257.53 are incorporated by reference into this part and are applicable to CCR landfills and CCR surface impoundments.

9 Va. Admin. Code § 20-81-800

Derived From Virginia Register Volume 32, Issue 09, eff. 1/27/2016; Amended, Virginia Register Volume 33, Issue 16, eff. 5/3/2017; Amended, Virginia Register Volume 41, Issue 09, eff. 1/15/2025.

Statutory Authority: § 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Parts 257 and 258.