Air Cycle Corporation is the manufacturer of the Bulb Eater®, and the nation’s leading producer of drumtop lamp crushing machines with more than 6,000 units in operation nationwide.  We consider our machine to be the standard for the industry in terms of its safety features as numerous third-party studies have confirmed that the machine easily complies with OSHA’s standards for mercury emissions and often has non-detectable emissions during regular use.  Our users benefit from reduced storage needs, decreased labor associated with managing intact lamps, and from the cost savings of more efficient shipping and recycling.  The use of our device improves overall regulatory compliance as it facilitates storage, consistent participation because of it's ease of use and fun factor, and it avoids the breakage of intact lamps that are routinely broken while being stored and shipped for recycling.    

We support the Virginia Department of Environmental Quality in its efforts to more fully define the operational requirements of lamp crushing, especially in the case of destination recycling facilities.  Our company has created a nationwide network of lamp recyclers to service our customers, and we fully understand the safety and regulatory concerns that must be in place when processing large quantities of lamps. 

With regards to lamp crushing units, we also support the development of clear regulatory guidance related to their use and operation.  Again, we have designed our device to exceed air quality emissions standards.  And we strive to fully educate all of our customers on the importance of properly maintaining and safely operating the device, as well as their regulatory responsibilities related to storage and shipping.  We support guidance that reinforces these measures.  

However, we would recommend against regulatory requirements that cause any undue burden or add additional costs to the operator.  Our typical users crush only 2000-4000 lamps a year (average 40-80 per week).  Any unnecessary requirements such as air permits, registration fees, reporting, and air quality monitoring would discourage the economical use of these devices. 

Thank you for your consideration of our comments and for including us in this review process. 

Sincerely,

Scott Beierwaltes, CEO

Air Cycle Corporation

As the Department of Defense (DoD), Regional Environmental Coordinator (REC) for EPA Region III and on behalf of all the military services, Commander, Navy Region Mid-Atlantic is responsible for coordinating responses to various environmental policies and regulatory matters of interest.  We appreciate the opportunity, as part of the regulated community, to comment on Virginia’s Notice of Intended Regulatory Action (NOIRA) on the Hazardous Waste Management Regulations, namely, 9VAC20-60 Amendment 18-Mercury-Containing Lamp Crushing.      

    Additionally, we appreciate Virginia’s efforts to involve the regulated community in the discussion of these regulations at the Stakeholders Meeting held on May 18, 2011.  We found the Stakeholder’s meeting a valuable opportunity to provide input to the Virginia Department of Environmental Quality (VADEQ) on lamp crushing operations at DoD installations, and to keep abreast of the lamp crushing operations at other facilities in the regulated community. 

    We are pleased to provide the enclosed comments.  We also encourage Virginia to seek EPA authorization for its lamp crushing regulations.

1.  Need for Regulatory Action

1.1 Comment:  The federal universal waste regulations do not allow crushing of mercury-containing lamps but do allow states to demonstrate equivalency.  The Virginia regulations for universal waste mercury-containing lamps were proposed by EPA for approval in 2003.  EPA later withdrew the proposal due to adverse comments received.  Virginia is now proposing its universal waste regulations for mercury-containing lamps in order to receive EPA approval and to ensure that the regulated community remains in compliance with state and federal regulations.

Recommendation:  The Department of Defense (DoD) encourages VADEQ to seek EPA authorization for the mercury-containing lamp universal waste program.  We also support continuation of the lamp crushing provisions of the regulations as outlined in 9VAC20-60-273.  Crushing lamps provides DoD with regulatory flexibility in storing, managing and disposing of its universal waste while effectively supporting the DoD mission through facilities sustainment.

2.  Substance

2.1 Comment:  The amendment will propose storage criteria for owners and operators of recycling facilities; testing, operations, closure and recordkeeping requirements for recycling facilities and requirements for small and large quantity handlers and destination facilities.

Discussion:  Each installation that crushes lamps has a written Standard Operating Procedure (SOP).  The SOP meets the requirements of 9VAC20-60-273 B.3.c (2).  The bulb crushers used at DoD installations meet the air pollution, human health monitoring and operational requirements stated in 9VAC20-60-273 B.3.b. and c.  The DoD installations that perform lamp crushing operations crush the lamps at the generating installations and comply with the container management requirements for Universal Waste during accumulation, transportation and off-site disposal.  Maintenance activities are routinely conducted and

are documented in written logs.  Operators are trained on the proper usage of the lamp crushing unit along with the appropriate Personal Protective Equipment to be used during crushing operations ensuring a safe and efficient management method for this waste stream.  This training is documented for each operator.

Recommendation:  No change to this portion of the current regulations is warranted.

3.  Alternatives

3.1 Comment:   The proposed alternatives available to VADEQ are to not amend the current regulations and allow the regulated community to determine how best to meet state and federal regulations or revise the regulations to seek EPA approval for its lamp crushing requirements.

Recommendation:  The Department of Defense (DoD) encourages VADEQ to seek EPA authorization for the mercury-containing lamp universal waste program. The DoD strongly urges VADEQ to seek to retain the lamp crushing provisions provided in the current regulations.  Crushing facilitates significant volume reduction, minimizing hazardous waste generation, waste management efforts, transportation and disposal costs, and impact to the environment.  For example, 1200 pounds of crushed lamps can be shipped in one triwall¹ container, whereas only 184 pounds of whole (uncrushed) lamps can be shipped in one triwall container. Shipping uncrushed lamps results in additional operator handling, an increased number of containers required, larger storage area requirements, increased shipping costs and greater environmental impact due to the potential for lamp damage during handling and transportation. Conducted in a safe and compliant manner, crushing reduces the potential for unnecessary exposure to mercury that can occur during standard container accumulation, storage, and transportation.  The DoD has successfully and safely crushed lamps for several years in compliance with the VADEQ's regulations as evidenced by our compliance record.

¹ A rigid, triple-walled cardboard box capable of holding one cubic yard.