Proposed Text
CHAPTER 200
MERCURY SWITCH REGULATIONS (REPEALED)
9VAC20-200-10. Definitions. (Repealed.)
The following words and terms when used in this chapter
shall have the following meanings:
"Board" means the Virginia Waste Management
Board.
"Demolition" means the flattening, crushing,
baling, shredding, dismantling or other processing of end-of-life vehicles for
the purpose of recycling or reselling scrap metal.
"Department" means the Virginia Department of
Environmental Quality.
"Director" means the Director of the Virginia
Department of Environmental Quality.
"End-of-life vehicle" means a vehicle
manufactured for the 2002 model year or preceding model years that is sold,
given, assigned, or otherwise conveyed to a vehicle demolisher for the purpose
of resale of its parts or recycling.
"Manufacturer" means an entity that is the last
entity in the production or assembly process of vehicles that used one or more
mercury switches or, in the case of an imported vehicle, the importer or
domestic distributor of the vehicle. "Manufacturer" does not include
any person or entity engaged in the business of selling new vehicles at retail
or converting or modifying new vehicles after the production or assembly
process.
"Mercury switch" means each mercury-containing
capsule, commonly known as a "bullet," that is part of a convenience
light switch assembly in a vehicle.
"National Vehicle Mercury Switch Recovery
Program" means a program implemented pursuant to the August 11, 2006,
Memorandum of Understanding to Establish the National Vehicle Mercury Switch
Recovery Program, as amended, between the United States Environmental
Protection Agency and the parties referenced therein to provide for management
of mercury switches from end-of-life vehicles.
"Scrap metal processor" means any entity that
from a fixed location, utilizes machinery and equipment for processing and
manufacturing iron, steel and nonferrous metallic scrap into prepared grades
and whose principal product is scrap iron, scrap steel or nonferrous metallic
scrap for sale for remelting or recycling purposes.
"Vehicle" means any passenger automobile or car,
station wagon, truck, van, trailer or sport utility vehicle with a gross
vehicle weight rating of less than 12,000 pounds.
"Vehicle demolisher" means a Scrap Metal
Processor or an individual or entity engaged in the business of demolition of
end-of-life vehicles within the Commonwealth.
9VAC20-200-20. Purpose of regulations. (Repealed.)
The purpose of these regulations is to reduce the quantity
of mercury released into the environment by establishing standards and
procedures for the removal of mercury switches from end-of-life vehicles
demolished in the Commonwealth. The regulations also provide for the storage,
shipping, recycling, or disposal of mercury switches removed from vehicles.
9VAC20-200-30. Administration of the chapter. (Repealed.)
A. The Virginia Waste Management Board promulgates and
enforces regulations that it deems necessary to protect the environment,
natural resources, and public health and safety.
B. The director is authorized and directed to administer
this chapter in accordance with the Virginia Waste Management Act, §§ 10.1-1400
through 10.1-1457 of the Code of Virginia, including § 10.1-1402(23).
9VAC20-200-35. Applicability of these regulations. (Repealed.)
This chapter applies to any person who demolishes an
end-of-life vehicle in the Commonwealth and any person who stores, ships,
recycles, or disposes of mercury switches removed from vehicles in the
Commonwealth.
9VAC20-200-40. Relationship to other regulations. (Repealed.)
A. The Virginia Hazardous Waste Management Regulations
address other requirements for handling, storing, accumulating, shipping and
disposing of mercury switches as universal waste (9VAC20-60-273). Mercury
switches removed from end-of-life vehicles may be handled, stored, accumulated,
shipped and disposed of in accordance with such regulations. Mercury spill
residues shall be managed in accordance with the Virginia Hazardous Waste
Management Regulations (9VAC20-60).
B. Every person disposing of an end-of-life vehicle is
subject to the requirements of § 46.2-635 of the Code of Virginia requiring a
certification that before demolition a good faith effort was made to remove all
mercury switches from the vehicle. A good faith effort means the actual removal
of all mercury switches except when removal is not required by 9VAC20-200-60 A.
C. It is the intent of this regulation that requirements
imposed herein are consistent with the National Vehicle Mercury Switch Recovery
Program, such that vehicle demolishers are eligible to participate in the
National Vehicle Mercury Switch Recovery Program, including any available
reimbursement under that program.
9VAC20-200-50. Prohibitions. (Repealed.)
It is unlawful for a person to:
1. Intentionally fail to remove a mercury switch when the
person is required to do so.
2. Knowingly make a false report under this chapter or in
the certification required by § 46.2-635 of the Code of Virginia.
3. Knowingly or intentionally flatten, crush, bale, shred,
or otherwise alter the condition of a vehicle from which accessible mercury
switches have not been removed in any manner that would prevent or significantly
hinder removal of a mercury switch.
4. Obtain a mercury switch from another source and falsely
report that it was removed from a demolished vehicle.
5. Manage mercury spill residues or mercury containing
equipment and devices, other than mercury switches removed from automobiles,
through collection programs established under the National Vehicle Mercury
Switch Recovery Program.
9VAC20-200-60. Removal of mercury switches from end-of-life
vehicles. (Repealed.)
A. A vehicle demolisher shall remove, or verify prior
removal of, all mercury switches subject to this regulation from end-of-life
vehicles prior to demolition of the end-of-life vehicle, except that removal is
not required where it is unreasonable, impractical or the vehicle has been
damaged in such a way to prevent removal. It shall be unreasonable to remove a
mercury switch where to do so would significantly increase the risk of a
release of mercury into the environment or place workers in danger. It shall be
impractical to remove a mercury switch if the mercury switch is inaccessible
due to the condition of the vehicle.
B. If a vehicle demolisher does not know or is uncertain
whether a switch contains mercury, a presumption exists that the switch
contains mercury.
C. If a vehicle demolisher does not know or is uncertain of
a vehicle's model year, a presumption exists that the vehicle was manufactured
for the 2002 model year or preceding model years.
9VAC20-200-70. End-of-life vehicle mercury switch management
programs. (Repealed.)
A. Demolishers or other generators of mercury switches
removed from end-of-life vehicles may manage them in accordance with the
provisions of the Virginia Hazardous Waste Management Regulations for universal
waste (9VAC20-60-273).
B. Nothing in these regulations shall prohibit demolisher
participation in the National Vehicle Mercury Switch Recovery Program,
including any available reimbursements available under that program, or an
affiliated program established by automobile manufacturers individually or as a
group to provide for postremoval handling of mercury switches that is
consistent with the National Vehicle Mercury Switch Recovery Program, provided
that such program is conducted in accordance with the requirements of
9VAC20-60-273.
FORMS (9VAC20-200)
Demolisher and Mercury Switch Removal Declaration, VSA 44A
(Draft), March 2007.
DOCUMENTS INCORPORATED BY REFERENCE (9VAC20-200)
Memorandum of Understanding to Establish the National
Vehicle Mercury Switch Recovery Program between United States Environmental
Protection Agency and Signatories, August 11, 2006.