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
Universal Citation: 9 VA Admin Code 20-60-265
Current through Register Vol. 41, No. 3, September 23, 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.
Statutory Authority: § 10.1-1402 of the Code of Virginia; 42 USC § 6921 et seq.; 40 CFR Parts 260 through 272.
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