Section 810. Amendment of permits

A. Temporary authorizations.

1. Upon request of the permittee, the director may, without prior public notice and comment, grant the permittee a temporary authorization in accordance with the requirements of this section. Temporary authorizations shall have a term of not more than 180 calendar days.

2. a. The permittee may request a temporary authorization for:

(1) Any substantive amendment meeting the criteria in subdivision 3 b (1) of this subsection; and

(2) Any major amendment that meets the criteria in subdivision 3 b (1) or (2) of this subsection; or that meets the criteria in subdivisions 3 b (3) and (4) of this subsection and provides improved management or treatment of a regulated medical waste already listed in the facility permit.

b. The temporary authorization request shall include:

(1) A description of the activities to be conducted under the temporary authorization;

(2) An explanation of why the temporary authorization is necessary; and

(3) Sufficient information to ensure compliance with standards in Part V (9VAC20-120-330 et seq.) or VI (9VAC20-120-400 et seq.) of this chapter.

c. The permittee shall send a notice about the temporary authorization request to all persons on the facility mailing list. This notification shall be made within seven calendar days of submission of the authorization request.

3. The director shall approve or deny the temporary authorization as quickly as is practical. To issue a temporary authorization, the director shall find:

a. The authorized activities are in compliance with the standards of Part V (9VAC20-120-330 et seq.), VII (9VAC20-120-520 et seq.), VIII (9VAC20-120-580 et seq.) or IX (9VAC20-120-630 et seq.) of this chapter.

b. The temporary authorization is necessary to achieve one of the following objectives before action is likely to be taken on an amendment request:

(1) To facilitate timely implementation of closure or corrective action activities;

(2) To prevent disruption of ongoing waste management activities;

(3) To enable the permittee to respond to sudden changes in the types or quantities of the wastes managed under the facility permit; or

(4) To facilitate other changes to protect human health and the environment.

4. A temporary authorization may be reissued for one additional term of up to 180 calendar days provided that the permittee has requested a substantive or a major permit amendment for the activity covered in the temporary authorization, and (i) the reissued temporary authorization constitutes the director's decision on a substantive permit amendment in accordance with the Solid Waste Management Regulations (9VAC20-81) or (ii) the director determines that the reissued temporary authorization involving a major permit amendment request is warranted to allow the authorized activities to continue while the amendment procedures of the Solid Waste Management Regulations (9VAC20-81) are conducted.

B. Newly defined or identified wastes. The permittee is authorized to continue to manage wastes defined or identified as regulated medical waste under Part III (9VAC20-120-80 et seq.) of this chapter if he:

1. Was in existence as a regulated medical waste management facility with respect to the newly defined or identified regulated medical waste on the effective date of the final rule defining or identifying the waste; and

2. (i) Is in compliance with the standards of Part V, VII, VIII or IX, as applicable, with respect to the new waste, submits a minor modification request on or before the date on which the waste becomes subject to the new requirements or (ii) is not in compliance with the standards of Part V or VI, as applicable, with respect to the new waste, but submits a complete permit amendment request within 180 calendar days after the effective date of the definition or identifying the waste.

C. The suitability of the facility location will not be considered at the time of permit amendment unless new information or standards indicate that an endangerment to human health or the environment exists that was unknown at the time of permit issuance.

Historical Notes

Derived from VR672-40-01:1 § 10.14, eff. June 29, 1994; amended, Volume 18, Issue 18, eff. June 19, 2002; Volume 27, Issue 22, eff. August 3, 2011.

Statutory Authority

§ 10.1-1402 of the Code of Virginia.