Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part III - Incorporation of Federal Regulations by Reference › Section 9VAC20-60-265 - Adoption of 40 CFR Part 265 by reference

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as otherwise provided, the
				  regulations of the United States Environmental Protection Agency set forth in
				  40 CFR Part 265 are hereby incorporated as part of the Virginia Hazardous Waste
				  Management Regulations. Except as otherwise provided, all material definitions,
				  reference materials and other ancillaries that are parts of 40 CFR Part 265 are
				  also hereby incorporated as parts of the Virginia Hazardous Waste Management
				  Regulations.
B. In all locations in
				  these regulations where 40 CFR Part 265 is incorporated by reference, the
				  following additions, modifications, and exceptions shall amend the incorporated
				  text for the purpose of its incorporation into these regulations:
1. Sections
				  40 CFR
				  265.1(c)(4), 40 CFR 265.149
				  and
				  40 CFR
				  265.150 and Subpart R of 40 CFR Part 265 are
				  not included in the incorporation of 40 CFR Part 265 by reference and are not a
				  part of the Virginia Hazardous Waste Management Regulations.
2. In
				  40 CFR
				  265.1(c)(14) and wherever
				  elsewhere in Title 40 of the Code of Federal Regulations there is a listing of
				  universal wastes or a listing of hazardous wastes that are the subject of
				  provisions set out in 40 CFR Part 273 as universal wastes, it shall be amended
				  by addition of the following sentence: "In addition to the hazardous wastes
				  listed here, the term "universal waste" and all lists of universal waste or
				  waste subject to provision of 40 CFR Part 273 shall include those hazardous
				  wastes listed in Part XVI (9VAC20-60-1495 et seq.) of the Virginia Hazardous
				  Waste Management Regulations as universal wastes, in accordance with the terms
				  and requirements described."
3. A
				  copy of all reports and notices made in accordance with
				  40 CFR 265.12
				  shall be sent to the department, the administrator and the chief administrative
				  officer of the local government of the jurisdiction in which the event
				  occurs.
4. In
				  40 CFR
				  265.12(a), the term
				  "Regional Administrator" shall mean the Regional Administrator of Region III of
				  the United States Environmental Protection Agency or his designee.
5. In
				  40 CFR
				  265.33, the following sentence shall be added
				  to the end of the paragraph: "A record of tests or inspections will be
				  maintained on a log at that facility or other reasonably accessible and
				  convenient location."
6. In
				  addition to the notifications required by
				  40 CFR
				  265.56(d)(2), notification
				  shall be made to the on-scene coordinator, the National Response Center, and
				  the Virginia Department of Emergency Management, Emergency Operations Center.
				  In the associated report filed under
				  40 CFR
				  265.56(i), the owner or
				  operator shall include such other information specifically requested by the
				  director, which is reasonably necessary and relevant to the purpose of an
				  operating record.
7. In addition to
				  the requirements of
				  40 CFR
				  265.91, a log shall be made of each
				  groundwater monitoring well describing the soils or rock encountered, the
				  permeability of formations, and the cation exchange capacity of soils
				  encountered. A copy of the logs with appropriate maps shall be sent to the
				  department.
8. The following text
				  shall be substituted for
				  40 CFR
				  265.143(g) and 40 CFR
				  265.145(g): "An owner or operator may use a financial assurance mechanism
				  specified in this section to meet the requirements of this section for more
				  than one facility in Virginia. Evidence of financial assurance submitted to the
				  department must include a list showing, for each facility, the EPA
				  Identification Number, name, address, and the amount of funds for closure or
				  post-closure assured by the mechanism. The amount of funds available through
				  the mechanism must be no less than the sum of funds that would be available if
				  a separate mechanism had been established and maintained for each facility. In
				  directing funds available through the mechanism for closure or post-closure
				  care of any of the facilities covered by the mechanism, the director may direct
				  only the amount of funds designated for that facility, unless the owner or
				  operator agrees to the use of additional funds available under the
				  mechanism.
9. In
				  40 CFR
				  265.147(a)(1)(ii), 40 CFR
				  265.147(g)(2), and
				  40 CFR
				  265.147(i)(4), the term
				  "Virginia" shall not be substituted for the term "State" or "States."
10. In
				  40 CFR
				  265.191(a), the compliance
				  date of January 12, 1988, applies only for HSWA tanks. For non-HSWA tanks, the
				  compliance date is November 2, 1986.
11. In
				  40 CFR
				  265.191(c), the reference to
				  July 14, 1986, applies only to HSWA tanks. For non-HSWA tanks, the applicable
				  date is November 2, 1987.
12. In
				  40 CFR
				  265.193, the federal effective dates apply
				  only to HSWA tanks. For non-HSWA tanks, the applicable date of January 12,
				  1987, is replaced with November 2, 1997.
13. The following text shall be substituted
				  for
				  40
				  CFR 265.440(a): "The
				  requirements of this subpart apply to owners and operators of facilities that
				  use new or existing drip pads to convey wood drippage, precipitation and/or
				  surface water run-off to an associated collection system. Existing HSWA drip
				  pads are those constructed before December 6, 1990, and those for which the
				  owner or operator has a design and has entered into a binding financial or
				  other agreement for construction prior to December 6, 1990. Existing non-HSWA
				  drip pads are those constructed before January 14, 1993, and those for which
				  the owner or operator has a design and has entered into a binding financial or
				  other agreement for construction prior to January 14, 1993. All other drip pads
				  are new drip pads. The requirement at
				  40 CFR
				  265.443(b)(3) to install a
				  leak collection system applies only to those HSWA drip pads that are
				  constructed after December 24, 1992, except for those constructed after
				  December 24, 1992, for which the owner or operator has a design and has entered
				  into a binding financial or other agreement for construction prior to December
				  24, 1992. For non-HSWA drip pads, the requirement at
				  40 CFR
				  264.573(b)(3) to install a
				  leak collection system applies only to those non-HSWA drip pads that are
				  constructed after September 8, 1993, except for those constructed after
				  September 8, 1993, for which the owner or operator has a design and has entered
				  into a binding financial or other agreement for construction prior to September
				  8, 1993."
14. In
				  40 CFR
				  265.1083(c)(4)(ii), the
				  second occurrence of the term "EPA" shall mean the United States Environmental
				  Protection Agency.
15. In addition
				  to the requirements of
				  40 CFR
				  265.310, the owner or operator shall consider
				  at least the following factors in addressing the closure and post-closure care
				  objectives of this part:
a. Type and amount of
				  hazardous waste and hazardous waste constituents in the landfill;
b. The mobility and the expected rate of
				  migration of the hazardous waste and hazardous waste constituents;
c. Site location, topography, and surrounding
				  land use, with respect to the potential effects of pollutant
				  migration;
d. Climate, including
				  amount, frequency and pH of precipitation;
e. Characteristics of the cover, including
				  material, final surface contours, thickness, porosity and permeability, slope,
				  length of run of slope, and type of vegetation on the cover; and
f. Geological and soil profiles and surface
				  and subsurface hydrology of the site.
16. Additionally, during the post-closure
				  care period, the owner or operator of a hazardous waste landfill shall comply
				  with the requirements of
				  40
				  CFR 265.116 and the following items:
a. Maintain the function and integrity of the
				  final cover as specified in the approved closure plan;
b. Maintain and monitor the leachate
				  collection, removal, and treatment system, if present, to prevent excess
				  accumulation of the leachate in the system;
c. Maintain and monitor the landfill gas
				  collection and control system, if present, to control the vertical and
				  horizontal escape of gases;
d.
				  Protect and maintain, if present, surveyed benchmarks; and
e. Restrict access to the landfill as
				  appropriate for its post-closure use.
17. The underground injection of hazardous
				  waste for treatment, storage or disposal shall be prohibited throughout the
				  Commonwealth of Virginia.
18.
				  Regulated units of the facility are those units used for storage treatment or
				  disposal of hazardous waste in surface impoundments, waste piles, land
				  treatment units, or landfills that received hazardous waste after July 26,
				  1982. In addition to the requirements of Subpart G of 40 CFR Part 265, owners
				  or operators of regulated units who manage hazardous wastes in regulated units
				  shall comply with the closure and post-closure requirements contained in
				  Subpart G of 40 CFR Part 264, Subpart H of 40 CFR Part 264, and Subpart K of 40
				  CFR Part 264 through Subpart N of 40 CFR Part 264, as applicable, and shall
				  comply with the requirements in Subpart F of 40 CFR Part 264 during any
				  post-closure care period and for the extended ground water monitoring period,
				  rather than the equivalent requirements contained in 40 CFR Part 265. The
				  following provisions shall also apply:
a. For
				  owners or operators of surface impoundments or waste piles included above who
				  intend to remove all hazardous wastes at closure in accordance with
				  40 CFR
				  264.228(a)(1) or 40 CFR
				  264.258(a), as applicable, submittal of contingent closure and contingent
				  post-closure plans is not required. However, if the facility is subsequently
				  required to close as a landfill in accordance with Subpart N of 40 CFR Part
				  264, a modified closure plan shall be submitted no more than 30 days after such
				  determination. These plans will be processed as closure plan amendments. For
				  such facilities, the corresponding post-closure plan shall be submitted within
				  90 days of the determination that the unit shall be closed as a
				  landfill.
b. A permit application
				  as required under 9VAC20-60-270 to address the post-closure care requirements
				  of
				  40 CFR
				  264.117 and for groundwater monitoring
				  requirements of
				  40 CFR
				  264.98, 40 CFR 264.99, or
				  40 CFR
				  264.100, as applicable, shall be submitted
				  for all regulated units that fail to satisfy the requirements of closure by
				  removal or decontamination in
				  40 CFR
				  264.228(a)(1), 40 CFR
				  264.258(a), or
				  40 CFR
				  264.280(d) and 40 CFR
				  264.280(e), as applicable. The permit application shall be submitted at the
				  same time as the closure plan for those units closing with wastes in place and
				  six months following the determination that closure by removal or
				  decontamination is unachievable for those units attempting such closure. The
				  permit application shall address the post-closure care maintenance of both the
				  final cover and the groundwater monitoring wells as well as the implementation
				  of the applicable groundwater monitoring program whenever contaminated soils,
				  subsoils, liners, etc., are left in place. When all contaminated soils,
				  subsoils, liners, etc., have been removed yet groundwater contamination
				  remains, the permit application shall address the post-closure care maintenance
				  of the ground water monitoring wells as well as the implementation of the
				  applicable ground water monitoring program.
c. In addition to the requirements of
				  40 CFR
				  264.112(d)(2)(i) for
				  requesting an extension to the one-year limit, the owner or operator shall
				  demonstrate that he will continue to take all steps to prevent threats to human
				  health and the environment.
d. In
				  addition to the requirements of
				  40 CFR
				  264.119(c), the owner or
				  operator shall also request a modification to the post-closure permit if he
				  wishes to remove contaminated structures and equipment.
19. In
				  40 CFR
				  265.71, the terms "EPA" and "Environmental
				  Protection Agency" shall mean the United States Environmental Protection
				  Agency, and the reference to "system" means the United States Environmental
				  Protection Agency's national electronic manifest system.
20. Subpart FF of 40 CFR Part 265 shall not
				  be incorporated into this chapter.
21. Requirements for mercury-containing lamp
				  recycling facilities. The following requirements apply to all facilities that
				  recover or reclaim mercury from lamps:
a. All
				  owners and operators of mercury-containing lamp recycling facilities shall:
(1) Have established markets for the
				  utilization of reclaimed materials and be able to identify these markets to the
				  department;
(2) Only introduce into
				  the processing equipment lamps or devices for which the equipment was
				  specifically designed to process and operate and maintain processing equipment
				  consistent with the equipment manufacturer's specifications; and
(3) Not speculatively accumulate the
				  materials.
b. If a
				  mercury-containing lamp recycling facility's processed materials are to be
				  delivered to a facility other than a mercury reclamation facility, the owner or
				  operator shall:
(1) Demonstrate proper
				  equipment operation and efficiency by sampling and analytical testing of the
				  processed materials. The testing shall ensure that such processed materials (i)
				  have less than three parts per million of "average mercury" during each
				  consecutive 12-week time period of operations ("average mercury" shall be
				  calculated pursuant to subdivision 21 b (3) of this subsection); (ii) have less
				  than five parts per million of total mercury as reported in the "weekly
				  composite sample of process operations" ("weekly composite sample of process
				  operations" shall be calculated pursuant to subdivision 21 b (3) of this
				  subsection); (iii) are not a hazardous waste; and (iv) comply with 40 CFR Part
				  268, if applicable.
(2) Retest,
				  reprocess, or deliver to a mercury reclamation facility processed materials
				  that are in excess of the allowable levels of mercury specified in subdivision
				  21 b (1) of this subsection.
(3)
				  Sample and perform analytical testing of the processed material for total
				  mercury as follows:
(a) Facility operators
				  shall take daily physical samples of the mercury-containing materials at the
				  point at which they exit the processing equipment. These samples shall be
				  representative of the materials processed during that day.
(b) At the beginning of each week, the prior
				  week's daily samples shall be consolidated into one weekly sample that shall be
				  submitted for chemical analysis of total mercury content using an approved EPA
				  methodology. At least three separate daily samples shall be taken in order to
				  obtain a weekly sample. When a facility is not operating at least three days
				  during a week, that week will be dropped out of the 12-week rolling average as
				  calculated under subdivision 21 b (3) (c) of this subsection. However, all
				  daily samples that are in a week that has been dropped out shall be counted
				  towards the very next weekly sample that is included in a 12-week rolling
				  average. The result of this analysis shall be considered the "weekly composite
				  sample of process operations."
(c)
				  The "average mercury" value calculation shall be the rolling average of weekly
				  composite sample results from samples taken during the most recent 12-week time
				  period with each new weekly composite sample result replacing the oldest sample
				  result that was used in the previous 12-week period.
c. Mercury-containing lamp
				  recycling facilities shall ensure that the separated materials that are
				  generated from their operations are suitable and safe for their intended end
				  use and shall bear the burden of responsibility for the safety of these
				  materials sold or delivered from the operations. Facilities shall notify in
				  writing receiving sources, other than mercury reclamation facilities, of the
				  amount and type of any hazardous substances present in the processed materials
				  as demonstrated by laboratory analysis.
d. Operating requirements. Mercury-containing
				  lamp recycling facilities shall be operated in accordance with the following
				  requirements:
(1) Mercury-containing lamp
				  recycling facilities shall control mercury emissions through the use of a
				  single air handling system with redundant mercury controls and comply with the
				  following:
(a) The owner or operator shall
				  operate, monitor, and maintain an air handling system with redundant air
				  pollution control equipment in order to reduce the mercury content of the air
				  collected during the volume reduction and mercury recovery and reclamation
				  processes.
(b) Redundant air
				  pollution control equipment shall incorporate at least two carbon filters or
				  equivalent technology arranged in a series so that the air passes through both
				  filters before being released. In the event of a single filter failure, each
				  filter shall be designed to ensure compliance with the risk-based
				  protectiveness standards for mercury vapor provided in subdivision 21 e of this
				  subsection.
(c) A sample of air
				  shall be collected after the first carbon filter (or equivalent technology) and
				  upstream of the second once each operating day while mercury-containing lamps
				  or devices are being processed. The mercury content of the sample shall be
				  determined for comparison with the risk-based protectiveness standards provided
				  in subdivision 21 e of this subsection.
(d) The owner or operator shall operate,
				  monitor, and maintain the air pollution control equipment in such a manner as
				  not to exceed the risk-based protectiveness standards under subdivision 21 e of
				  this subsection for mercury vapor downstream of the first carbon filter (or
				  equivalent technology) and upstream of the second carbon filter.
(2) The area in which the
				  processing equipment is located shall be fully enclosed and kept under negative
				  pressure while processing mercury-containing lamps or devices.
e. Testing for mercury releases
				  from lamp crushing units shall be performed using a mercury vapor analyzer that
				  has been approved for the application by the U.S. Occupational Safety and
				  Health Administration or the Virginia Department of Labor and Industry or a
				  comparable device that has been calibrated by the manufacturer or laboratory
				  providing the equipment. Mercury vapor monitors used for testing must be
				  capable of detecting mercury at the applicable concentrations provided in this
				  subdivision or lower in air and must be equipped with a data recording device
				  to provide a record of measurements taken. Mercury monitoring data shall be
				  documented and available for inspection in accordance with subdivision 21 g of
				  this subsection. The acute exposure protectiveness standard is 300
				  µg/m3 for a 10-minute exposure with the
				  understanding that the acute exposure protectiveness standard is considered a
				  ceiling value and at no time during bulb crushing operation will the air
				  concentrations of mercury exceed 300 µg/m3.
				  The following are risk-based protectiveness standards at a distance of five
				  feet from the bulb crushing unit:
Monthly Bulb Crushing Duration (X
								  Hours/Month)*
Chronic Exposure Air Emission Limit
								  (µg/m3)
Acute Exposure Air Emission Limit
								  (µg/m3)
X = 32
1.314skin
																		µg/m3
300 µg/m3
8 < X < 32
6.317 skin
																		µg/m3
300 µg/m3
X = 8
27.375 skin
																		µg/m3
300 µg/m3
*Monthly crushing duration is determined based on
								  the maximum number of hours that bulb crushing occurred in any one month over
								  the last 12-month period.
f.
				  Closure. Mercury-containing lamp recycling facilities must prepare and maintain
				  a closure plan conforming to the requirements of 40 CFR Part 265, Subpart G as
				  adopted by reference in this section. Financial assurance shall be provided to
				  the department in accordance with 40 CFR Part 265, Subpart H as adopted by
				  reference in this section.
g.
				  Recordkeeping requirements. The owner or operator of a mercury-containing lamp
				  recycling facility shall maintain records of monitoring information that (i)
				  specify the date, place, and time of measurement; (ii) provide the methodology
				  used; and (iii) list the analytical results. The records maintained shall
				  include all calibration and maintenance records of monitoring equipment. The
				  owner or operator shall retain records of all monitoring data and supporting
				  information available for department inspection for a period of at least three
				  years from the date of collection.
22. In
				  40 CFR 265.12,
				  the term "EPA" shall mean the United States Environmental Protection
				  Agency.