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Since more than 180 days have passed since the end of the NOIRA stage, a Time Frame Waiver must be granted by the Governor's office.

This waiver was requested on 12/5/2012

Agency Reason: The time frame that will not be met is the submittal of the proposed stage to DPB within 180 days of the close of the NOIRA public comment period. That date is November 5, 2012. The purpose of the universal waste sections contained in the Virginia Hazardous Waste Management Regulations, 9 VAC 20-60, is to streamline and encourage recycling. However, the federal universal waste regulations do not allow crushing of universal waste mercury-containing lamps but EPA can approve a state-equivalent program. Virginia’s current regulations permit crushing but these regulations are not approved by EPA. Virginia’s regulations for crushing were proposed to be approved by EPA in 2003 but EPA later withdrew that proposal due to the adverse comments received. As a result, Virginia’s regulations do not operate in lieu of the Federal requirements. Therefore, EPA has recommended that Virginia amend its universal waste regulations for mercury-containing lamps in order for the Commonwealth to receive EPA authorization for the mercury-containing lamp universal waste program. By this amendment, we are seeking to do so. The waiver is appropriate as DEQ is still negotiating with EPA Region III for reasonable regulatory language to allow crushing of universal waste lamps by generating handlers. Unfortunately, issues have recently arisen that have required additional toxicological evaluation of the crushing operation and this has delayed development of regulatory language for this proposal. Until this additional toxicological evaluation of the crushing operation is completed and accepted by EPA, we cannot develop draft regulatory language. In addition, we believe it to be in the best interests of Virginia businesses involved in this activity for a proposal to be able to proceed as expeditiously as possible after the development of draft language. Therefore, we request a waiver to the 180 day submittal time frame for the proposed regulation. An initial request for a waiver was submitted on October 1, 2012.

The request was approved on 12/19/2012