October 25, 2002

Virginia Waste Management Board Meeting

Melissa Porterfield of the Department of Environmental Quality (DEQ) explained the process of amending regulations to the Board members. First, a Notice of Intended Regulatory Action (NOIRA) is published in the Virginia Register, notifying the public of DEQ’s intention of amending a regulation. A public comment period accompanies the NOIRA. After the public comment period is closed, a Technical Advisory Committee (TAC) is established to develop the changes to the regulation. Once the proposed changes to the regulation have been developed by the TAC, the changes undergo a fiscal impact analysis, and are then presented to the Waste Board and the Governor for approval. Once the Board and Governor approve the changes, then the proposed regulation is published in the Virginia Register and a 60-day public comment period begins. After the public comment period is closed, DEQ reviews all public comments received, responds to each comment, and modifies the proposed regulation, as appropriate. DEQ presents the final regulation to the Waste Board and Governor for approval before the regulation can become effective.

The following proposed and final regulations were discussed at the October 25, 2002, meeting of the Virginia Waste Management Board (Waste Board).

Proposed Regulations

Solid Waste Management Permit Action Fees, Amendment 1
Emergency regulations to enact the waste permit fee increases passed by the 2002 General Assembly became effective on July 1, 2002, resulting in a tripling of solid waste and hazardous waste permit fees. The increased fees will be in effect from July 1, 2002, through June 30, 2003, at which time the DEQ intends to have the Solid Waste Management Facility Permit Application Fees regulation amended to continue the increased fees.

The Permit Fee Regulation establishes procedures pertaining to the payment and collection of, and the amount of, fees from applicants seeking new permits or permit amendments for solid waste or regulated medical waste management facilities. The goal of the regulatory changes is to study, in collaboration with the regulated community and the public, changes to the regulations to improve clarity and consolidation, and to update the permit fee system.

The NOIRA for Amendment 1 of the Solid Waste Management Facility Permit Application Fees regulation was published in the Virginia Register on June 17, 2002. The public comment period on the NOIRA extended from July 1 through August 2, 2002. No public comments were received. These amended regulations will replace the emergency regulations discussed above.

Until this year, permit fees had not changed since 1992. As proposed in Amendment 1, the tripled fee schedule will remain in effect through June 30, 2004. Beginning July 1, 2004, the permit fees will be based on the fees established in 1992, but adjusted for inflation (using the CPIU). The major changes in the proposed regulations include the following:

• All newspaper advertisements and radio broadcasts of permit amendments will be done and paid for by the applicant.
• The definition section of the regulation was removed. Most definitions of terms used in the regulation can be found in the Virginia Solid Waste Management Regulations.
• Permit fees are established for the following new or initial permit issuance or actions: Experimental Solid Waste Facility, Permit-by-rule Initial Review and Confirmation, and Emergency Permit.
• Permit fees are established for the following major permit actions, amendments, or modifications: Corrective Action – Module XIV, Leachate Handling – Module XV, Regulated Medical Waste Storage Facility - Module XVI, Regulated Medical Waste Treatment Facility - Module XVII, Permit-by-rule Modification Review and Confirmation.
• Permit fees are established for the following minor permit actions, amendments, or modifications: Gas Management Plans and some variance requests.

The Waste Board voted to allow the proposed regulations to go out for public comment, provided that, during the next legislative session, DEQ request the General Assembly to extend the tripled fee schedule indefinitely.

For a copy of the draft legislation, please contact us.

Hazardous Waste Management Regulations, Amendment 16
There are seven proposed changes to the regulations:

• The term, “Director,” has been changed to “Department.” (The Director has been receiving too much mail.)
• 9VAC20-60-70.B has been deleted. This deletion will eliminate the requirement for DEQ to hold a public meeting if the permit amendment is uncontested and/or there is no significant public interest in the permit amendment.
• 9VAC20-60-264.B: Fifteen items have been added to the Financial Assurance requirements, and one has been deleted.
• 9VAC20-60-270.B: All newspaper advertisements and radio broadcasts of permit amendments will be done and paid for by the applicant.
• Permits will be allowed to extend while DEQ is reviewing the request for their extension.
• 9VAC20-60-420: Universal waste haulers will not be subject to the same requirements as hazardous waste haulers.
• 9VAC20-60-1285: The tripled fee schedule established by the Emergency Regulations to enact the waste permit fee increases will remain in effect through June 30, 2004. Beginning July 1, 2004, the permit fees will be based on the fees established prior to 2002, but adjusted for inflation (using the CPIU).

The Waste Board voted to allow the proposed regulations to go out for public comment, provided that, during the next legislative session, DEQ request the General Assembly to extend the tripled fee schedule indefinitely.

For a copy of the draft legislation, please contact us.

Final Regulations

Hazardous Waste Management Regulations – IFR 2002
The intent of these regulations is to keep the Virginia regulations that include Federal regulations by reference consistent with any changes made to the Federal regulation in fiscal year 2002. The changes to the Federal regulations included the following:

• Clarifications to the air regulations as they apply to hazardous waste.
• Clarifications to the mixing rule as it applies to hazardous waste.
• Provisions were added to facilitate clean-up of Corrective Action Management Units (CAMUs).

DEQ asked the Waste Board to approve the final regulations and to grant DEQ an extension before filing the final regulations, pending the completion of some necessary action by the U.S. EPA.

The Waste Board approved the final regulations with the time extension for filing.

For a copy of the final legislation, please contact us.

If you have any questions regarding this Bulletin, please contact us by email or at (804) 355-4520 (Richmond) or (336) 323-0092 (Greensboro).