Administrative Code

Virginia Administrative Code
9/25/2022

9VAC20-120-520. Application.

The requirements of this part apply to all facilities that incinerate regulated medical waste.

Statutory Authority

Chapter 14 (§ 10.1-1400 et seq.) of Title 10.1 of the Code of Virginia.

Historical Notes

Derived from VR672-40-01:1 § 7.1, eff. June 29, 1994.

9VAC20-120-530. Performance standards.

A. All incinerators for regulated medical waste shall maintain the following level of operational performance at all times:

1. Operational temperature and retention time. Whenever regulated medical wastes are incinerated, all the regulated medical waste shall be subjected to a burn temperature of not less than 1,400°F (760°C) for a period not less than one hour. For all incinerators, gases generated by the combustion shall be subjected to a temperature of not less than 1,800°F (982°C) for a period of one second or more. For certain incinerators, gases generated by the combustion shall be subjected to a temperature of not less than 2,000°F (1,094°C) for a period of two seconds or more under separate requirements of the State Air Pollution Control Board. Except at start-up, interlocks or other process control devices shall prevent feeding of the incinerator unless the required conditions are achieved.

2. Loading and operating controls. The incinerator shall have interlocks or other process control devices to prevent feeding of the incinerator until the conditions in subdivision A 1 of this section are achieved. Such devices may have an override for cold start-up. In the event low temperatures occur, facilities shall have automatic auxiliary burners that are capable of maintaining the secondary chamber temperature at the minimum of 1,800°F.

3. Monitoring. There shall be continuous monitoring and recording of primary and secondary chamber temperatures. Monitoring data shall be retained for a period of three years.

4. Waste destruction efficiency. All combustible regulated medical waste shall be converted by the incineration process into ash that is not recognizable as to its former character.

B. The incinerator shall be permitted under regulations of the State Air Pollution Control Board and be in compliance with the regulations of that body.

Statutory Authority

§ 10.1-1402 of the Code of Virginia.

Historical Notes

Derived from VR672-40-01:1 § 7.2, eff. June 29, 1994; amended, Virginia Register Volume 18, Issue 18, eff. June 19, 2002.

9VAC20-120-540. Analysis and management of the ash product; procedure; results and records; disposition of ash; ash storage.

A. Once every eight hours of operation of a continuously fed incinerator and once every batch or 24 hours of operation of a batch fed incinerator, a representative sample of 250 milliliters of the bottom ash shall be collected from the ash discharge or the ash discharge conveyer. Samples collected during 1,000 hours of operation or quarterly, whichever is more often, shall be thoroughly mixed and seven random portions of equal volume shall be composited into one sample for laboratory analysis. This sample shall be tested in accord with the methods established by the Virginia Hazardous Waste Management Regulations for determining if a solid waste is a hazardous waste. Also, the sample shall be tested for total organic carbon content.

At incinerators equipped with air pollution control devices that remove and collect incinerator emissions control ash or dust, this ash shall be held separately and not mixed with bottom ash. Once every eight hours of operation of a continuously fed incinerator and once every batch or 24 hours of operation of a batch fed incinerator, a representative sample of 250 milliliters of the air pollution control ash or dust shall be collected from the pollution control ash discharge. Air pollution control ash or dust samples collected during 1,000 hours of operation or quarterly, whichever is more often, shall be thoroughly mixed and seven random portions of equal volume shall be composited into one sample for laboratory analysis. This sample shall be tested in accord with the methods established by the Virginia Hazardous Waste Management Regulations for determining if a waste is a hazardous waste.

B. A log shall document the ash sampling, to include the date and time of each sample collected; the date, time and identification number of each composite sample; and the results of the analyses, including laboratory identification. Results of analyses must be returned from the laboratory and recorded within four weeks following collection of the composite sample. The results and records described in this part shall be maintained for a period of three years, and shall be available for review.

C. If a waste ash is found to be hazardous waste (based on a sample and a confirmation sample) the waste ash shall be disposed of as a hazardous waste in accord with the Virginia Hazardous Waste Management Regulations. If ash is found not to be hazardous waste by analysis, it may be disposed of in a solid waste landfill that is permitted to receive garbage, municipal solid waste or incinerator ash, provided the disposal is in accordance with the Solid Waste Management Regulations, 9VAC20-81. If the ash is found to be hazardous waste, the operator shall notify the Director of the Department of Environmental Quality within 24 hours. No later than 15 calendar days following, the permittee shall submit a plan for treating and disposing of the waste on hand at the facility and all unsatisfactorily treated waste that has left the facility. The permittee may include with the plan a description of the corrective actions to be taken to prevent further unsatisfactory performance. No ash subsequently generated from the incinerator waste stream that was found to be hazardous waste shall be sent to a nonhazardous solid waste management facility in the Commonwealth without the express written approval of the director.

D. Air pollution control ash and bottom ash shall be held separately and not mixed; however, once both are determined not to be hazardous waste, they may be combined and disposed of as other solid waste. Throughout the storage of the untested material it shall be kept in covered highly leak resistant containers. It should be held until the generator determines whether the ash waste is hazardous waste. Areas where untested material containers are placed must be constructed with a berm to prevent runoff from that area.

E. Regulated medical waste treated in compliance with Part VII (9VAC20-120-520 et seq.), VIII (9VAC20-120-580 et seq.) or IX (9VAC20-120-630 et seq.) of this chapter shall be deemed to be treated in accordance with this chapter. Regulated medical waste not treated in accordance with this chapter shall not be transported, received for transport or disposal, or disposed of in any solid waste management facility.

Statutory Authority

§ 10.1-1402 of the Code of Virginia.

Historical Notes

Derived from VR672-40-01:1 § 7.3, eff. June 29, 1994; amended, Virginia Register Volume 18, Issue 18, eff. June 19, 2002; Volume 27, Issue 22, eff. August 3, 2011.

9VAC20-120-550. Compliance with other parts of this chapter.

In general, incinerator facilities shall comply with all other parts of this chapter. The site of the incinerator facility is a storage facility and must comply with Part V of this chapter. Management of spills or the opening in an emergency of any regulated medical waste package, shall comply with 9VAC20-120-270 and 9VAC20-120-280. Regulated medical wastes that are or will be incinerated in accordance with this chapter are not required to be shredded or ground.

Statutory Authority

Chapter 14 (§ 10.1-1400 et seq.) of Title 10.1 of the Code of Virginia.

Historical Notes

Derived from VR672-40-01:1 § 7.4, eff. June 29, 1994.

9VAC20-120-560. Unloading operations.

Persons loading and unloading transportation vehicles with regulated medical waste shall wear appropriate personal protective equipment.

Statutory Authority

§ 10.1-1402 of the Code of Virginia.

Historical Notes

Derived from VR672-40-01:1 § 7.5, eff. June 29, 1994; amended, Virginia Register Volume 18, Issue 18, eff. June 19, 2002.

9VAC20-120-570. [Reserved].

Historical Notes

Derived from Virginia Register Volume 10, Issue 18, eff. June 29, 1994.

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