Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part VI - Special Wastes › Section 9VAC20-81-630 - Wastes containing polychlorinated biphenyls (PCBs)

Current through Register Vol. 40, No. 24, July 15, 2024
A. Definitions. The definitions provided in
				  this subsection are derived from definitions in
				  40 CFR
				  761.3 and are provided here for the
				  convenience of the regulated community. The definitions here have been altered
				  from those appearing in the federal regulation in order to simplify the
				  definitions to indicate the specific types of items that can or cannot be
				  considered for disposal in a sanitary landfill. These definitions are not
				  identical to the federal definitions. All terms that are used in this section
				  and that are not defined in this subsection shall have the same meaning as in
				  Part I (9VAC20-81-10 et seq.) of this
				  chapter or 40 CFR
				  761.3, as amended. Nothing in this section
				  shall be deemed to allow management other than as required by federal law and
				  regulation.
"PCB cleanup waste" means nonliquid cleaning materials and
					 personal protective equipment at any concentration including nonporous surfaces
					 and other nonliquid materials such as rags, gloves, booties, other disposable
					 personal protective equipment, and similar materials.
B. Solid wastes containing PCB concentrations
				  between 1.0 ppm and 50 ppm are restricted to disposal in sanitary landfills or
				  industrial waste landfills with leachate collection, liners, and appropriate
				  groundwater monitoring as required in Part III (9VAC20-81-100 et seq.) of this
				  chapter, except as allowed in subsection C of this section.
C. Other PCB wastes.
1. PCB bulk product wastes with
				  concentrations above 50 ppm may be approved for disposal by the director on a
				  case-by-case basis. Submissions prepared for the director's decision will
				  include a description of the PCB waste indicating the material proposed for
				  disposal and how the federal regulations under
				  40 CFR
				  761.62 apply to the material. Consistent with
				  the procedures in 40 CFR Part 761, PCB bulk product wastes that are shredder
				  fluff or plastics as defined above need not be tested for PCBs prior to
				  disposal. However, other PCB bulk product waste that has been sampled in
				  accordance with the protocols set out in 40 CFR Part 761 Subpart R and may be
				  considered for disposal if the waste leaches PCBs at less than 10 micrograms
				  per liter measured using a procedure used to simulate leachate generation.
				  Requests for a director's determination must come from a permitted landfill.
				  Alternatively, a landfill may modify its permit to incorporate a special waste
				  acceptance plan that addresses PCB wastes. Facilities requesting to receive PCB
				  bulk product waste must also meet the following provisions:
a. The landfill to receive the waste must
				  have a liner system meeting the requirements of
				  9VAC20-81-130 J 1 a or an alternate
				  liner approved under the provisions of
				  9VAC20-81-130 J 1 b or 1
				  c.
b. The landfill to receive the
				  waste must have a leachate collection system consistent with
				  9VAC20-81-210.
c. Groundwater monitoring may not have
				  detected Table 3.1 constituents above the maximum contaminant levels (MCLs)
				  promulgated under § 141.2 of the Safe Drinking Water Act ( 40 CFR Part
				  141, Subpart B) or other established groundwater protection standard during the
				  active life of the facility.