Virginia Regulatory Town Hall
Agency
Department of Environmental Quality
 
Board
Virginia Waste Management Board
 
chapter
Regulated Medical Waste Management Regulations [9 VAC 20 ‑ 120]
Action Amendment 3
Stage Proposed
Comment Period Ended on 4/18/2022
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4/18/22  5:44 pm
Commenter: Department of Defense

DoD Comments to RMW Regulations
 

Ms. Priscilla D. Rohrer

Guidance and Regulation Coordinator

Virginia Department of Environmental Quality

P. O. Box 3000 Harrisonburg, VA 22801

Dear Ms. Rohrer:

SUBJECT: DEPARTMENT OF DEFENSE COMMENTS ON VIRGINIA REGULATED MEDICAL WASTE MANAGEMENT REGULATIONS

As the Department of Defense (DoD) Regional Environmental Coordinator (REC) for U.S. Environmental Protection Agency (EPA) Region III, Commander, Navy Region Mid-Atlantic is responsible for coordinating responses to state environmental legislative and regulatory matters of interest on behalf of the military services. The DoD takes very seriously its dual responsibility to carry out its military mission while protecting the environment.

The DoD appreciates the opportunity to provide comments for consideration in response to proposed Regulated Medical Waste Management Regulations (repealing 9VAC20-120-10 through 9VAC20-120-1000 and adding 9VAC20-121-10 through 9VAC20-121-420). The enclosure provides DoD comments that will provide clarifications and recommended corrections to the regulations once adopted.

Thank you in advance for the opportunity to provide comments. If you have any questions, you may contact Ms. Bernadette Reese at bernadette.w.reese.civ@us.navy.mil; or Commander Gretchen Sosbee at gretchen.d.sosbee.mil@us.navy.mil.

Sincerely, SHARON L. BAUMANN Director for Regional Environmental Coordination By direction of the Commander

Enclosure: 1. Department of Defense Comments on Regulated Medical Waste Management Regulations Copy to: U.S. Army REC, Region III (Dr. James Hartman) U.S. Air Force REC, Region III (Mr. Alan Roberts)

Department of Defense Comments Virginia Regulated Medical Waste Management Regulations

The Department of Defense (DoD) submits the attached comments on the proposed Virginia Regulated Medical Waste Management Regulations.

  1. 9VAC20-121-10 Definitions Hazardous Material Comment: The DoD is concerned that the definition does not fully encompass the U.S. Department of Transportation definition of hazardous material and may result in confusion to the reader. Discussion: The U.S. Department of Transportation definition of hazardous material is more definitive and descriptive. Recommendation: The following revision to the definition of a “Hazardous Material” is provided for consideration in order to provide clarity. Recommended Definition: "Hazardous material” means a substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and is designated as hazardous under section 5103 of the Federal hazardous materials transportation law (49 U.S.C. 5103).
  2. 9VAC20-121-10 Definitions Sharps Comment: The DoD is concerned that the definition, as written, is more inclusive than needed for protection of human health for the discard of unused sharps contained in its original inner and outer packaging. Discussion: Including discarded unused sharps contained in its original inner and outer packaging subjects these items to the Regulated Medical Waste regulations that provide no additional protection of human health. The industry standard for treating sharps is autoclaving, followed by placement in landfills. Excluding unused sharps from 9VAC20-121-10 would maintain consistency with the Department of Transportation’s definition of sharps in 49 CFR 173.134(a)(6). Recommendation: The following revision to the definition of “Sharps” is provided for consideration along with the regulatory citation, 49 CFR 173.134(a)(6): Recommended Definition: "Sharps" means needles, scalpels, knives, lancets, syringes with attached needles, suture needles, pasteur pipettes, broken glass, broken rigid plastic, and similar items having a point or sharp edge or that are likely to cause percutaneous injury or break during transportation and result in a point or sharp edge that may puncture or compromise the integrity of the container. Discarded unused sharps contained in its original liner and outer packaging are excluded from this definition. 49 CFR 173.134(a)(6) Sharps means any object contaminated with a pathogen or that may become contaminated with a pathogen through handling or during transportation and also capable of cutting or penetrating skin or a packaging material. Sharps includes needles, syringes, scalpels, broken glass, culture slides, culture dishes, broken capillary tubes, broken rigid plastic, and exposed ends of dental wires.
  3.  9VAC20-121-160.C Management of Category A Waste Comment: The DoD is concerned that the regulation does not provide definitive guidance that clarifies the packaging and labeling standard. Discussion: The packaging and labeling standard should meet the current United Nations standards/provisions for UN3549, Category A waste, and not the older standards used during the Ebola crisis. Recommendation: The following revision to 9VAC20-121-160.C is provided for consideration to provide additional clarity. Recommended Language: Waste Transporter Information and Responsibilities for Category A waste are specified in Section 6 of Managing Solid Waste Contaminated with a Category A Infectious Substance. Packaging and labeling of Category A waste for transport must comply with the “packaging and labeling provisions applicable to United Nations requirements noted under UN3549, “Medical waste, category A, affecting animals only, solid” or “Medical waste, category A, affecting humans, solid”.
  4. CommentID: 121810