1. A. Definitions. The definitions provided in this subsection are derived from definitions in 40 CFR 761.3 and are provided here for the convenience of the regulated community. The definitions here have been altered from those appearing in the federal regulation in order to simplify the definitions to indicate the specific types of items that can or cannot be considered for disposal in a sanitary landfill. These definitions are not identical to the federal definitions. All terms that are used in this section and that are not defined in this subsection shall have the same meaning as in Part I (9VAC20-81-10 et seq.) of this chapter or 40 CFR 761.3, as amended. Nothing in this section shall be deemed to allow management other than as required by federal law and regulation.

   "PCB cleanup waste" means nonliquid cleaning materials and personal protective equipment at any concentration including nonporous surfaces and other nonliquid materials such as rags, gloves, booties, other disposable personal protective equipment, and similar materials.

2. B. Solid wastes containing PCB concentrations between 1.0 ppm and 50 ppm are restricted to disposal in sanitary landfills or industrial waste landfills with leachate collection, liners, and appropriate groundwater monitoring as required in Part III (9VAC20-81-100 et seq.) of this chapter, except as allowed in subsection C of this section.

3. C. Other PCB wastes.

   1. 1. PCB bulk product wastes with concentrations above 50 ppm may be approved for disposal by the director on a case-by-case basis. Submissions prepared for the director's decision will include a description of the PCB waste indicating the material proposed for disposal and how the federal regulations under 40 CFR 761.62 apply to the material. Consistent with the procedures in 40 CFR Part 761, PCB bulk product wastes that are shredder fluff or plastics as defined above need not be tested for PCBs prior to disposal. However, other PCB bulk product waste that has been sampled in accordance with the protocols set out in 40 CFR Part 761 Subpart R and may be considered for disposal if the waste leaches PCBs at less than 10 micrograms per liter measured using a procedure used to simulate leachate generation. Requests for a director's determination must come from a permitted landfill. Alternatively, a landfill may modify its permit to incorporate a special waste acceptance plan that addresses PCB wastes. Facilities requesting to receive PCB bulk product waste must also meet the following provisions:

      1. a. The landfill to receive the waste must have a liner system meeting the requirements of 9VAC20-81-130 J 1 a or an alternate liner approved under the provisions of 9VAC20-81-130 J 1 b or 1 c.
      2. b. The landfill to receive the waste must have a leachate collection system consistent with 9VAC20-81-210.
      3. c. Groundwater monitoring may not have detected Table 3.1 constituents above the maximum contaminant levels (MCLs) promulgated under § 141.2 of the Safe Drinking Water Act (40 CFR Part 141, Subpart B) or other established groundwater protection standard during the active life of the facility.
   2. 2. Consistent with 40 CFR Part 761, PCB articles such as PCB-contaminated electrical equipment, PCB hydraulic machines, or pipe that have previously contained PCB, which have been drained, may be disposed of in a sanitary landfill with leachate collection, liners, and appropriate groundwater monitoring as required in Part V (9VAC20-81-400 et seq.) of this chapter. PCB testing, draining and other preparation for disposal of the equipment, if required, will be consistent with 40 CFR Part 761.
4. D. Consistent with 40 CFR Part 761, PCB remediation waste with PCB concentrations greater than or equal to 50 ppm may not be disposed of in a sanitary landfill or industrial landfill. PCB remediation waste includes but is not limited to items such as soil, sediments, dredged materials, muds, and sludge. PCB cleanup waste as defined above may be disposed in a sanitary landfill with liners and a leachate collection system.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011.