Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part XV - Land Disposal Restrictions › Section 9VAC20-60-1505 - Additional universal wastes

Current through Register Vol. 40, No. 24, July 15, 2024
A. The Commonwealth of Virginia incorporates
				  at 9VAC20-60-273 A all universal wastes adopted by the federal government at 40
				  CFR Part 273. In addition to the universal wastes listed in 40 CFR Part 273,
				  the universal wastes listed in this section are also universal wastes in
				  Virginia if the requirements as provided in this section for each particular
				  universal waste are met.
B.
				  Mercury-containing lamps may be crushed for size reduction provided the
				  requirements of this subsection are met.
1.
				  Mercury-containing lamps are crushed under the control of the generator as
				  defined in subdivision 4 of this subsection, and the crushed lamps are sent off
				  site for recycling.
2. The use of
				  mobile crushing units is prohibited. Mobile crushing units include any device
				  or equipment or combination of devices and equipment that is designed to be
				  transported and operated at more than one site.
3. Mercury-containing lamps that are crushed
				  for size reduction by a generator or under the control of the generator as
				  defined in subdivision 4 of this subsection may be managed under the provisions
				  for universal wastes, 9VAC20-60-273, if the owner or operator complies with all
				  the requirements and qualifications of this section.
4. "Under the control of the generator"
				  means:
a. That the mercury-containing lamps
				  are generated and crushed at the generating facility (for purposes of this
				  definition, generating facility means all contiguous property owned, leased, or
				  otherwise controlled by the universal waste (UW) lamp generator); or
b. That the mercury-containing lamps are
				  generated and crushed at different facilities if the crushing facility is
				  controlled by the generator or if both the generating facility and the crushing
				  facility are controlled by a person as defined in 40 CFR Part 260.10, and if
				  the generator provides one of the following certifications:
(i) "on behalf of insert generator facility
				  name, I certify that this facility will send the indicated UW lamps to insert
				  crushing facility name, which is controlled by insert generator facility name
				  and that insert the name of either facility has acknowledged full
				  responsibility for the safe management of the UW lamps" or
(ii) "on behalf of insert generator facility
				  name I certify that this facility will send the indicated UW lamps to insert
				  crushing facility name, that both facilities are under common control, and that
				  insert name of either facility has acknowledged full responsibility for the
				  safe management of the UW lamps." For purposes of this certification, "control"
				  means the power to direct the policies of the facility, whether by the
				  ownership of stock, voting rights, or otherwise, except that contractors who
				  operate facilities on behalf of a different person as defined in 40 CFR Part
				  260.10 shall not be deemed to "control" such facilities. The certification
				  shall be submitted to the department in accordance with subdivision 7 (h) of
				  this subsection.
5. Mercury-containing lamp crushing
				  operations that do not meet the definition of "under the control of the
				  generator" in subdivision 4 of this subsection are subject to all applicable
				  requirements for destination facilities in 40 CFR Part 273, Subpart
				  E.
6. Safety hazards to operating
				  personnel shall be controlled through an active safety program consistent with
				  the requirements of 29 CFR Part 1910.
7. Crushing, handling, and storing
				  mercury-containing lamps shall occur in a safe and controlled manner that
				  minimizes the release of mercury to the environment. Requirements for a safe
				  and controlled manner shall include the following:
a. Mercury-containing lamps shall be crushed
				  in a mechanical unit specifically designed to crush mercury-containing lamps.
				  This unit shall be hermetically sealed, except for air intakes, and under
				  negative pressure. Air intake points must be closed when the unit is not
				  operating.
b. Crushing operations
				  shall occur in a space with its ambient air isolated from other work areas
				  where persons who are not involved in the crushing operation may work. The
				  ambient air from rooms containing crushing operations shall be discharged after
				  filtration directly to an area outside the building where persons are unlikely
				  to be directly exposed. If a situation exists at a particular facility in which
				  the facility determines that discharge of ambient air from a room containing a
				  crushing operation to the outside is technically or financially impracticable,
				  the department may approve an alternated design that allows the discharge of
				  ambient air from a room containing a crushing operation to another internal
				  building space or centralized air circulation system if:
(1) The ambient air is discharged to the
				  internal building space or centralized air circulation system through
				  filtration system capable of capturing both particulate and vapor phase
				  mercury.
(2) The filtration system
				  is maintained as recommended by the manufacturer to ensure that it operates at
				  its design mercury removal efficiency.
(3) Maintenance of the filtration system
				  shall be documented and records of maintenance shall be kept on site.
c. Mercury-containing lamps shall
				  be crushed with a device that is equipped with air pollution controls that
				  capture both particulate and vapor phase mercury. At a minimum, these controls
				  shall include a HEPA filter, a sorption column of sulfur impregnated activated
				  carbon media, and a negative air flow (vacuum) throughout the unit. The
				  crushing unit shall have documentation from the manufacturer that demonstrates
				  that the unit is equipped as required and:
(1)
				  Achieves a particle retention rate of 99.97% in the HEPA filter (at a particle
				  diameter less than 0.3 microns); and
(2) Achieves the air emission limits
				  specified in the risk-based protectiveness standards table of subdivision 7 n
				  (2) of this subsection.
d. Mercury-containing lamps shall be crushed
				  indoors.
e. The transfer of crushed
				  mercury-containing lamps in drums or containers to other drums or containers is
				  not permitted.
f. Crushed
				  mercury-containing lamps shall be stored in closed and hermetically sealed,
				  nonleaking drums or containers that are in good condition (e.g., no severe
				  rusting, no apparent structural defects, and no leaking).
g. Drums or containers used for storage of
				  crushed mercury-containing lamps shall be properly sealed and labeled. The
				  label shall bear the words "universal waste-lamps," "waste lamps," or "used
				  lamps."
h. The generator or
				  facility under the control of the generator shall make written notification to
				  the department of the physical location of the crushing operation no later than
				  January 31, 2017, for all existing operations or 30 calendar days prior to
				  beginning operation of a new crushing operation. The notification shall include
				  the name of the individual or company that owns the operation; the EPA ID
				  number if one has been issued for the facility; the location of the crushing
				  operation; and the names, addresses, and telephone numbers of the operator and
				  principal contact person or persons. A written notice of changes in the
				  notification data shall be sent to the department within 15 calendar days of
				  the change. The notification shall include the certification required under
				  subdivision 4 (b) of this subsection if applicable.
i. A written procedure specifying how to
				  safely crush, handle, and store mercury-containing lamps and how to minimize
				  the release of mercury, including during drum changes and malfunctions, shall
				  be developed, implemented, and documented. This procedure shall include (i) the
				  type of equipment to be used to crush mercury-containing lamps safely, (ii)
				  instructions for proper equipment operation and a schedule for maintenance of
				  the unit in accordance with written procedures developed by the manufacturer of
				  the equipment, (iii) proper waste management practices, and (iv) the use of
				  personal protective equipment to include at a minimum safety glasses or full
				  face shield and cut-proof gloves. The maintenance schedule shall identify all
				  maintenance operations and the frequency with which they must be performed,
				  including replacement of particle filters and the activated carbon media as
				  recommended by the manufacturer of the crushing unit.
j. Maintenance activities shall be documented
				  and records of maintenance shall be maintained and available for inspection per
				  subdivision 8 of this subsection.
k. Each unit operator shall receive initial
				  and annual training in crushing procedures, waste handling, safety, use of
				  personal protective equipment, and emergency procedures, including proper
				  procedures for cleaning up broken mercury-containing lamps. All training shall
				  be documented and records of training shall be maintained and available for
				  inspection per subdivision 8 of this subsection.
l. Residues, filter media, used equipment,
				  other mercury-containing equipment, and other solid waste shall not be placed
				  in the container with the crushed mercury-containing lamps. Any waste materials
				  generated as part of the crushing operation that are determined to be hazardous
				  waste shall be managed under this chapter, as hazardous waste or if not
				  hazardous waste, as a solid waste under the Solid Waste Management Regulations,
				  9VAC20-81.
m. Any spills of the
				  contents of the mercury-containing lamps that may occur shall be cleaned up in
				  accordance with 40 CFR Part 273.13(d)(2) or 40 CFR Part 273.33(d)(2).
n. All generators or facilities under the
				  control of the generator that crush mercury-containing lamps, except those
				  generators or facilities that crush two hours or less and no more than 220
				  pounds/100 kilograms (VSQG equivalent) of bulbs per month, shall provide
				  monitoring as follows:
(1) Ambient air within
				  the lamp crushing room and exhaust air from the lamp crushing unit shall be
				  tested for mercury during the first month of using the lamp crushing unit and
				  whenever the unit is modified or replaced, and annually thereafter. In
				  addition, all connection points for hoses circulating air from within the unit,
				  the seal between the unit and the drum, and openings in the crushing unit
				  (e.g., the lamp feed tube) shall also be tested for mercury release during the
				  first month of lamp crushing operation and annually thereafter. Routine
				  maintenance of the machine does not constitute modified or replaced for
				  purposes of requiring ambient air testing. Ambient air shall be tested within
				  five feet of the lamp crushing device. Exhaust air and other tests shall be
				  performed within two inches of the designated testing points on the lamp
				  crushing device. All mercury testing required by this section shall be
				  performed at a time when the lamp crushing device is being used to crush
				  mercury-containing lamps.
(2)
				  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 below 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 per subdivision 8 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.
				  Alternately, compliance with the acute exposure protectiveness standard may be
				  demonstrated by comparing the 95% upper confidence level of the mean of the
				  individual data points to the standard. 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
300µg/m3
X = 2
and no more than 220 lbs/month or 100 kg/month of
								  bulbs crushed
Monitoring not required
Monitoring not required
*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.
(3)
				  Any lamp crushing device that, when tested as described in subdivisions 7 n (1)
				  and 7 n (2) of this subsection, fails to meet the criteria specified in
				  subdivision 7 n (2) of this subsection, must immediately be removed from
				  service. Lamp crushing devices removed from service under this subdivision may
				  not be returned to service until the device has been inspected and repaired,
				  and in subsequent testing has been shown to meet the specified criteria. Test
				  data and documentation of repairs shall be kept in the facility record and
				  available for inspection per subdivision 8 of this subsection.
(4) The facility shall document the amount of
				  time spent crushing lamps and this information shall be maintained in the
				  facility record and available for inspection per subdivision 8 of this
				  subsection.
8.
				  A copy of all records, notifications, certifications, and reports required by
				  this section shall be kept on site and be available for examination by the
				  department for a period of at least three years.
9. All requirements of this section shall be
				  immediately effective for all new facilities beginning operations on or after
				  January 1, 2017. All requirements of this section shall be effective for all
				  existing facilities no later than April 1, 2017.