Final Text
Article 6
Standards of Performance for Regulated Medical Waste Incinerators (Rule 5-6) (Repealed)
9VAC5-50-430. Applicability and designation of affected
facility. (Repealed.)
A. Except as provided in subsections C and D of this section,
the affected facility to which the provisions of this article apply is each
regulated medical waste incinerator.
B. The provisions of this article apply throughout the
Commonwealth of Virginia.
C. The provisions of this article do not apply to incinerators
the construction or modification of which as defined in 9VAC5 Chapter 80
(9VAC5-80-10 et seq.) commenced prior to September 1, 1993.
D. The provisions of this article do not apply to
combustion units or incinerators burning materials that do not include
regulated medical waste.
9VAC5-50-440. Definitions. (Repealed.)
A. For the purpose of these regulations and subsequent
amendments or any orders issued by the board, the words or terms shall have the
meanings given them in subsection C of this section.
B. As used in this article, all terms not defined here
shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.),
unless otherwise required by context.
C. Terms defined.
"Commercial regulated medical waste incinerator"
means any regulated medical waste incinerator that burns regulated medical
waste if more than 25% of such waste is generated off-site.
"Continuous emission monitoring system" means a
monitoring system for continuously measuring the emissions of a pollutant from
an affected facility.
"Dioxins" and "furans" means tetra-
through octachlorinated dibenzo-p-dioxins and dibenzofurans.
"Four-hour block average" means the average of
all hourly emission rates or temperatures when the affected facility is
operating and combusting regulated medical waste measured over four-hour
periods of time from midnight to 4 a.m., 4 a.m. to 8 a.m., 8 a.m. to noon, noon
to 4 p.m., 4 p.m. to 8 p.m., 8 p.m. to midnight.
"Incinerator" means any furnace or device used in
the process of burning any type of waste for the primary purpose of destroying
matter or reducing the volume of the waste by removing combustible matter or
both.
"On-site" means (i) the same or geographically
contiguous property which may be divided by a public or private right-of-way,
provided the entrance and exit between the properties are at a crossroads
intersection and access is by crossing, as opposed to going along, the
right-of-way or (ii) noncontiguous properties owned by the same person but
connected by a right-of-way controlled by the same person and to which the
public does not have an access.
"Off-site" means any site that does not meet the
definition of on-site.
"Pathological waste" means a solid waste that is
human tissues, organs, body parts, fetuses, placentas, effluences or similar
material, and animal tissue, organs, body parts, fetuses, placentas, effluence
or similar material from animals exposed to human pathogens for purposes of
testing or experimentation.
"Potential hydrogen chloride emission rate" means
the hydrogen chloride emission rate that would occur from the combustion of
regulated medical waste in the absence of any hydrogen chloride emissions
control.
"Rated capacity" means the waste charging rate
expressed as the maximum capacity guaranteed by the equipment manufacturer or
the maximum normally achieved during use, whichever is greater.
"Regulated medical waste" means any solid waste
identified or suspected by the health care profession as being capable of
producing an infectious disease in humans. A waste shall be considered to be
capable of producing an infectious disease if it has been or is likely to have
been contaminated by an organism likely to be pathogenic to humans, such
organism is not routinely and freely available in the community, and such
organism has a significant probability of being present in significant
quantities and with sufficient virulence to transmit disease. In addition,
regulated medical waste shall include the following:
a. Discarded cultures, stocks, specimens, vaccines, and
associated items likely to have been contaminated with organisms likely to be
pathogenic to humans, discarded etiologic agents, and wastes from production of
biologicals and antibiotics likely to have been contaminated by organisms
likely to be pathogenic to humans;
b. Wastes consisting of human blood, human blood products,
and items contaminated by free-flowing human blood;
c. Pathological wastes;
d. Used sharps likely to be contaminated with organisms that
are pathogenic to humans, and all sharps used in patient care;
e. The carcasses, body parts, bedding material, and all
other wastes of animals intentionally infected with organisms likely to be
pathogenic to humans for purposes of research, in vivo testing, production of
biological materials or any other reason, when discarded, disposed of, or
placed in accumulated storage;
f. Any residue or contaminated soil, water, or debris
resulting from cleanup of a spill of any regulated medical waste; and
g. Any waste contaminated by or mixed with regulated medical
waste.
Regulated medical waste shall not include:
a. Wastes contaminated only with organisms which are not
generally recognized as pathogenic to humans, even if those organisms cause
disease in other plants or animals, and which are managed in complete accord
with all regulations of the U.S. Department of Agriculture and the Virginia
Department of Agriculture and Consumer Services;
b. Meat or other food items being discarded because of
spoilage or contamination, unless included in subdivisions 1 through 7 above;
c. Garbage, trash, and sanitary waste from septic tanks,
single or multiple residences, hotels, motels, bunkhouses, ranger stations,
crew quarters, campgrounds, picnic grounds, and day-use recreation areas,
except for waste generated by provision of professional health care services on
the premises, provided that all medical sharps shall be placed in a container
with a high degree of puncture resistance before being mixed with other wastes
or discarded;
d. Used products for personal hygiene, such as diapers,
facial tissues, and sanitary napkins; and
e. Material, not including sharps, containing small amounts
of blood or body fluids, and no free-flowing or unabsorbed liquid.
"Regulated medical waste incinerator" means any
incinerator used in the process of burning regulated medical waste.
"Sharps" means needles, scalpels, knives, broken
glass, syringes, pasteur pipettes and similar items having a point or sharp
edge.
"Solid waste" shall have the meaning ascribed to
it in § 10.1-1400 of the Code of Virginia. However, for purposes of this
article, the following materials are not solid wastes:
a. Domestic sewage, including wastes that are not stored and
are disposed of in a sanitary sewer system (with or without grinding);
b. Any mixture of domestic sewage and other wastes that pass
through a sewer system to a wastewater treatment works permitted by the State
Water Control Board or the Department of Health;
c. Human remains under the control of a licensed physician
or dentist, when the remains are being used or examined for medical purposes
and are not abandoned materials; and
d. Human remains properly interred in a cemetery or in
preparation by a licensed mortician for such interment or cremation.
9VAC5-50-450. Standard for particulate matter. (Repealed.)
No owner or other person shall cause or permit to be
discharged into the atmosphere from any regulated medical waste incinerator any
particulate emissions in excess of the following limits:
1. For incinerators with a rated capacity equal to or
greater than 1000 pounds per hour: 0.015 grains per dry standard cubic foot of
exhaust gas corrected to 7.0% oxygen (dry basis).
2. For incinerators with a rated capacity equal to or
greater than 500 pounds per hour and less than 1000 pounds per hour: 0.03
grains per dry standard cubic foot of exhaust gas corrected to 7.0% oxygen (dry
basis).
3. For incinerators with a rated capacity less than 500
pounds per hour: 0.10 grains per dry standard cubic foot of exhaust gas
corrected to 7.0% oxygen (dry basis).
9VAC5-50-460. Standard for carbon monoxide. (Repealed.)
No owner or other person shall cause or permit to be
discharged into the atmosphere from any regulated medical waste incinerator any
carbon monoxide emissions in excess of 50 parts per million by volume dry
average per operating cycle or per day, whichever is less in duration,
corrected to 7.0% oxygen (dry basis). An operating cycle shall be the period of
time from the initial loading of waste into the incinerator through the
burn-down cycle.
9VAC5-50-470. Standard for hydrogen chloride. (Repealed.)
No owner or other person shall cause or permit to be
discharged into the atmosphere from any regulated medical waste incinerator any
hydrogen chloride emissions in excess of the following limits:
1. For incinerators with a rated capacity equal to or
greater than 500 pounds per hour and less than 1000 pounds per hour: 10% of the
potential hydrogen chloride emission rate (90% reduction by weight or volume).
2. For incinerators with a rated capacity equal to or
greater than 1000 pounds per hour: 5.0% of the potential hydrogen chloride
emission rate (95% reduction by weight or volume).
9VAC5-50-480. Standard for dioxins and furans. (Repealed.)
A. No owner or other person shall cause or permit to be
discharged into the atmosphere from any regulated medical waste incinerator
with a rated capacity equal to or greater than 500 pounds per hour any total
dioxin or furan emissions in excess of 8 grains per billion dry standard cubic
feet corrected to 7.0% oxygen (dry basis).
B. A waiver from the provisions of subsection A of this
section may be obtained from the board upon a demonstration to the board's
satisfaction that the maximum annual risk does not exceed 1 in 100,000. Ambient
air concentrations and risk assessments shall be determined using air quality
analysis techniques and methods acceptable to the board.
9VAC5-50-490. Standard for visible emissions. (Repealed.)
A. The provisions of Article 1 (9VAC5-50-60 et seq.) of
this chapter (Standards of Performance for Visible Emissions and Fugitive
Dust/Emissions, Rule 5-1) apply except that the provisions in subsection B of
this section apply instead of 9VAC5-50-80.
B. No owner or other person shall cause or permit to be
discharged into the atmosphere from any regulated medical waste incinerator any
visible emissions which exhibit greater than 10% opacity. Failure to meet the
requirements of this section because of the presence of water vapor shall not
be a violation of this section.
9VAC5-50-500. Standard for fugitive dust/emissions. (Repealed.)
The provisions of Article 1 (9VAC5-50-60 et seq.) of this
chapter (Standards of Performance for Visible Emissions and Fugitive
Dust/Emissions, Rule 5-1) apply.
9VAC5-50-510. Standard for odor. (Repealed.)
The provisions of Article 2 (9VAC5-50-130 et seq.) of this
chapter (Standards of Performance for Odorous Emissions, Rule 5-2) apply.
9VAC5-50-520. Standard for toxic pollutants. (Repealed.)
The provisions of Article 3 (9VAC5-50-160 et seq.) of this
chapter (Standards of Performance for Toxic Pollutants, Rule 5-3) apply,
including those provisions that apply to emissions of hydrogen chloride, except
that the provisions of 9VAC5-50-480 apply to emissions of dioxins and furans.
9VAC5-50-530. Standard for radioactive materials. (Repealed.)
Radioactive materials shall be handled in accordance with
the regulations of the U.S. Environmental Protection Agency, the U.S. Nuclear
Regulatory Commission, and the Virginia Department of Health.
9VAC5-50-540. Compliance. (Repealed.)
A. In addition to the provisions of 9VAC5-50-20
(Compliance), the provisions of subsections B through D of this section apply.
B. The owner of an affected facility shall operate the facility
within parameters as specified below in accordance with methods and procedures
acceptable to the board.
1. The minimum primary chamber temperature shall be 1400°F
or the manufacturer's recommended operating temperature, whichever is higher,
for a period of time needed to achieve complete pyrolysis.
2. A secondary combustion chamber with afterburner is
required. The minimum secondary chamber temperature shall be 1800°F or the
manufacturer's recommended operating temperature, whichever is higher, for a
period of no less than two seconds.
3. Combustion control systems shall include chamber
thermostats to ensure that the auxiliary burners automatically ignite and fire
in order to maintain the primary and secondary chamber temperatures.
4. An interlock system to prevent incinerator feeding prior
to attaining the minimum secondary chamber temperature is required.
5. The minimum sorbent injection rate, expressed in pounds
per hour of active neutralizing agent, shall be calculated as follows:
SImin = 1.2 (SItest)(% ANA)
where:
SImin = minimum sorbent injection rate (pounds
per hour).
SItest = pounds per hour of sorbent injected
during the performance test, while the hydrogen chloride inlet concentration
was highest.
% ANA = percent by weight of active neutralizing agent in
the sorbent.
C. An owner may request that compliance with the applicable
emission limit be determined using carbon dioxide measurements corrected to an
equivalent of 7.0% oxygen. The relationship between oxygen and carbon dioxide levels
for the affected facility shall be established during the initial performance
tests. In such cases, the applicable emission limit shall be corrected to the
established percentage of carbon dioxide without the contribution of auxiliary
fuel carbon dioxide when using a fuel other than natural gas or liquefied
petroleum gas.
D. All facilities are required to meet the compliance
requirements of Part VII (9VAC20-120-520 et seq.) of 9VAC20 Chapter 120
(Regulated Medical Waste Management Regulations).
9VAC5-50-550. Test methods and procedures. (Repealed.)
A. In addition to the provisions of 9VAC5-50-30
(Performance testing), the provisions of subsections B through E of this
section apply.
B. The owner of an affected facility shall conduct
performance tests and reduce associated data as specified below in accordance
with methods and procedures acceptable to the board.
1. For all incinerators: particulate matter, carbon monoxide
and visible emissions.
2. For all incinerators with a rated capacity equal to or
greater than 500 pounds per hour: hydrogen chloride emissions and control
efficiency of any scrubber system used to control hydrogen chloride emissions.
Hydrogen chloride performance tests shall begin no earlier than one hour after
the initial loading of waste into the incinerator. Hourly feed rate during
hydrogen chloride performance tests shall be determined as the total amount of
waste loaded into the incinerator between the beginning of the first sampling
run of the day and the end of the last sampling run of the day, divided by the
total number of hours elapsed.
3. For all incinerators with a rated capacity equal to or
greater than 500 pounds per hour: dioxin and furan emissions.
C. Frequency of testing as required in subsection B of this
section shall be required as follows.
1. For all incinerators: on-site initial performance tests.
2. For incinerators with a rated capacity equal to or
greater than 1000 pounds per hour: on-site annual performance tests for dioxins
and furans.
D. Regulated medical waste incinerators which are of
standardized manufacture and are shipped as assembled incinerators from the
factory of manufacture may be exempt from on-site initial particulate matter
and carbon monoxide performance testing, provided that:
1. The incinerator has a rated capacity of less than 100
pounds per hour;
2. The manufacturer has obtained a satisfactory test on an
identical incinerator of similar size and design certified by a registered
engineer;
3. The test has been certified for the same type of waste as
designated for the incinerator subject to the permit; and
4. The test results are submitted to the board and found
acceptable (waste type, incinerator design, acceptable feed range, equivalent
operating parameters, equivalent auxiliary fuel, acceptable methodology).
E. Required on-site testing shall be done while the
incinerator is operated at 90% or greater of the rated capacity and operated by
trained plant personnel only.
9VAC5-50-560. Monitoring. (Repealed.)
A. In addition to the provisions of 9VAC5-50-40
(Monitoring), the provisions of subsection B of this section apply.
B. The owner of an affected facility shall install,
calibrate, maintain and operate equipment for continuously monitoring and
recording emissions or process parameters or both as specified below in
accordance with methods and procedures acceptable to the board.
1. For all incinerators with a rated capacity equal to or
greater than 500 pounds per hour, continuous measurement and display is
required for primary and secondary chamber temperatures. Thermocouples shall be
located at or near the primary and secondary chamber exits.
2. For all incinerators with a rated capacity equal to or
greater than 1000 pounds per hour, continuous recording is required for the
secondary chamber temperature.
3. For all incinerators with a rated capacity equal to or
greater than 1000 pounds per hour, continuous measurement, display and recording
is required for opacity, with the output of the system recording on a
six-minute average basis.
4. For all incinerators with a rated capacity equal to or
greater than 1000 pounds per hour, continuous measurement, display and
recording is required for carbon monoxide emissions, with carbon dioxide or
oxygen diluent monitor.
5. A pH meter is required for each wet scrubber system.
6. A flow meter to measure the sorbent injection rate is
required for each wet scrubber system.
9VAC5-50-570. Notification, records and reporting. (Repealed.)
A. In addition to the provisions of 9VAC5-50-50
(Notification, records and reporting), the provisions of subsections B through
F of this section apply.
B. Following initial notification as required under
9VAC5-50-50 A 3, the owner of an affected facility shall submit the initial
performance test data and the performance evaluation of the continuous emission
monitoring systems using the applicable performance specifications in 40 CFR 60
Appendix B.
C. Following initial notification as required under
9VAC5-50-50 A 3, the owner of an affected facility shall submit quarterly
compliance reports for hydrogen chloride, carbon monoxide, and secondary
combustion chamber temperature to the board containing the information for each
applicable pollutant or parameter. The hourly average values recorded under
subdivision F 2 of this section are not required to be included in the
quarterly reports. Such reports shall be postmarked no later than the 30th day
following the end of each calendar quarter.
D. The owner of an affected facility shall submit quarterly
excess emission reports, as applicable, for opacity. The quarterly excess
emission reports shall include all information recorded under this subsection
which pertains to opacity, and a listing of the six-minute average opacity
levels recorded under this subsection for all periods when such six-minute
average levels exceeded the opacity limit under 9VAC5-50-490. The quarterly
report shall also list the percentage of the affected facility operating time
for the calendar quarter during which the opacity continuous emission
monitoring system was operating and collecting valid data. Such excess emission
reports shall be postmarked no later than the 30th day following the end of
each calendar quarter.
E. The owner of an affected facility shall submit reports
to the board of all annual performance tests for dioxins and furans from the
affected facility. Such reports shall be submitted when available but in no
case later than the date of the required submittal of the quarterly report
specified under subsection C of this section covering the calendar quarter
following the quarter during which the test was conducted.
F. The owner of an affected facility shall maintain and
make available to the board upon request records of the following information
for a period of at least five years:
1. Dates of emission tests and continuous monitoring
measurements.
2. The emission rates and parameters measured using
performance tests or continuous emission or parameter monitoring, as
applicable, as follows:
a. The following measurements shall be recorded in
computer-readable format and on paper:
(1) The six-minute average opacity levels;
(2) All one-hour average hydrogen chloride emission rates
at the inlet and outlet of the acid gas control device; and
(3) All one-hour average carbon monoxide emission rates and
secondary combustion chamber temperatures.
b. The following average rates shall be computed and
recorded:
(1) All 24-hour daily arithmetic average percentage
reductions in hydrogen chloride emissions and all 24-hour daily arithmetic
average hydrogen chloride emission rates;
(2) All operating cycle or 24-hour daily arithmetic average
carbon monoxide emission rates, as applicable; and
(3) All four-hour block arithmetic average secondary
combustion chamber temperatures.
3. Identification of the operating days when any of the
average emission rates, percentage reductions, or operating parameters
specified under this subsection or the opacity level have exceeded the
applicable limit, with reasons for such exceedances as well as a description of
corrective actions taken.
4. Identification of operating days for which the minimum
number of hours of emissions rate or operational data have not been obtained,
including reasons for not obtaining sufficient data and a description of
corrective actions taken.
5. Identification of the times when emissions rate data have
been excluded from the calculation of average emission rates or parameters and
the reasons for excluding data.
6. The results of daily carbon monoxide continuous emission
monitor system drift tests and accuracy assessments as required under 40 CFR
60, Appendix F, Procedure 1.
7. The results of all applicable performance tests conducted
to determine compliance with the particulate matter, carbon monoxide, dioxins
and furans, and hydrogen chloride limits.
8. Records of continuous emission or parameter monitoring
system data for opacity, carbon monoxide, and secondary combustion chamber
temperature.
9. For commercial regulated medical waste incinerators,
records of the amount and types of waste brought in from off-site.
9VAC5-50-580. Registration. (Repealed.)
The provisions of 9VAC5-20-160 (Registration) apply.
9VAC5-50-590. Facility and control equipment maintenance or
malfunction. (Repealed.)
The provisions of 9VAC5-20-180 (Facility and control
equipment maintenance or malfunction) apply.
9VAC5-50-600. Permits. (Repealed.)
A permit may be required prior to beginning any of the
activities specified below if the provisions of this chapter and 9VAC5 Chapter
80 (9VAC5-80-10 et seq.) apply. Owners contemplating such action should review those
provisions and contact the appropriate regional office for guidance on whether
those provisions apply.
1. Construction of a facility.
2. Reconstruction (replacement of more than half) of a
facility.
3. Modification (any physical change to equipment) of a
facility.
4. Relocation of a facility.
5. Reactivation (re-startup) of a facility.