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
Universal Citation: 9 VA Admin Code 20-60-1505
Current through Register Vol. 41, No. 3, September 23, 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.
Statutory Authority: § 10.1-1402 of the Code of Virginia; 42 USC § 6921 et seq.; 40 CFR Parts 260 through 272.
Disclaimer: These regulations may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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