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.