Title of Regulation: 9VAC20-120. Regulated Medical Waste Management Regulations (amending 9VAC20-120-280, 9VAC20-120-490; repealing 9VAC20-120-480).

Statutory Authority: § 10.1-1402 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: June 19, 2013.

Effective Date: July 4, 2013.

Agency Contact: Debra A. Harris, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4206, FAX (804) 698-4346, TTY (804) 698-4021, or email debra.harris@deq.virginia.gov.

Basis: Section 10.1-1402 of the Virginia Waste Management Act, Chapter 14 (§ 10.1-1400 et seq.) of Title 10.1 of the Code of Virginia, authorizes the Virginia Waste Management Board to promulgate and enforce regulations necessary to carry out its powers and duties and the intent of the chapter and federal law.

Purpose: The rationale for this regulatory action is to remove duplicative requirements for registration of transporters under 9VAC20-120. The information received by the registration is minimal and the same information can be obtained from the federal registration.

Rationale for Using Fast-Track Process: The proposed amendment is expected to be noncontroversial because the information received by the registration is minimal and the same information can be obtained from the federal registration.

Substance: The requirements for registration of regulated medical waste transporters have been removed from the regulation. The special criteria for transport under Part VI of 9VAC20-120 are still required, except for the registration. Part VI still contains requirements for sanitation, access, storage, packaging and labeling, and other requirements for transportation of regulated medical waste.

Issues: No disadvantage to the public or the Commonwealth will result from the adoption of these amendments.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Virginia Waste Management Board (Board) proposes to repeal the requirement that transporters of regulated medical waste are required to register with the Department of Environmental Quality (Department).

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. Currently, transporters of regulated medical waste are required to register with the Department; this duplicates United States Department of Transportation registration requirements. Further, according to the Department state registration is unnecessary as the information can be obtained from the federal registration. Consequently, the proposed repeal of the state registration requirement will produce a net benefit since it will save transporters of regulated medical waste approximately 30 minutes of staff time without any impact on public health and safety.

Businesses and Entities Affected. The Department reports that there are approximately 207 registered regulated medical waste transporters. This proposed amendment will affect these firms.

Localities Particularly Affected. The proposed amendment does not disproportionately affect any particular localities.

Projected Impact on Employment. The proposed amendment will not significantly affect employment.

Effects on the Use and Value of Private Property. The proposed amendment will save transporters of regulated medical waste approximately 30 minutes of staff time.

Small Businesses: Costs and Other Effects. The proposed amendment will save small transporters of regulated medical waste approximately 30 minutes of staff time.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendment does not adversely affect small businesses.

Real Estate Development Costs. The proposed amendment will not significantly affect real estate development costs.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, a determination of the public benefit, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

Agency's Response to Economic Impact Analysis: The department has reviewed the economic impact analysis prepared by the Department of Planning and Budget and has no comment.

Summary:

The state registration requirements for transporters of medical waste are duplicative of the federal registration requirements and unnecessary as the information received from the registration under 9VAC20-120 can be obtained from the federal registration. Therefore, this action repeals the registration requirements under 9VAC20-120-480 and amends 9VAC20-120-280 and 9VAC20-120-490 to conform.

9VAC20-120-280. Containment and cleanup procedures.

Following a spill of regulated medical waste or its discovery, the following procedures shall be implemented:

1. Take appropriate precautions to ensure personnel do not come into contact with any contaminants by wearing appropriate personal protective equipment.

2. Repackage spilled waste in accordance with the packaging requirements in 9VAC20-120-210.

3. Transport any regulated medical waste by a transporter registered in accordance with the provisions of 9VAC20-120-480, Registration of transporters that meets the requirements of Part VI (9VAC20-120-400 et seq.) of this chapter.

4. Clean and disinfect any areas having been contacted by regulated medical wastes. Materials used to decontaminate the area will be disinfectants effective against mycobacteria.

5. Take necessary steps to replenish containment and cleanup kit.

9VAC20-120-480. Registration of transporters. (Repealed.)

A. Prior to transporting any regulated medical waste within the Commonwealth, all transporters must register with the Department of Environmental Quality. Registration shall consist of filing the data specified in subsection B of this section, in written form, and the department will issue a registration number to the transporter. No regulated medical waste shall be transported until the registration number is issued. Transporter shall notify the generator of the waste of his registration number when he collects the waste.

B. Data to be submitted by persons wishing to register as a transporter of regulated medical waste shall be as follows:

1. Name of the person or firm.

2. Business address and telephone number of person or firm. Include headquarters and local office.

3. Make, model and license number of each vehicle to be used to transport regulated medical waste within the Commonwealth.

4. Name, business address and telephone number of each driver who will operate in the Commonwealth.

5. Areas (counties and cities) of the Commonwealth in which the transporter will operate.

6. a. Any person or firm other than reported in subdivision 1 of this subsection that is associated with the registering firm or any other name under which that person or firm does business.

b. Any other person or firm using any of the same vehicles and operators.

7. The name and phone number of a person who may be contacted in the event of an accident or release.

8. A copy of the signed certification statement as follows:

I, (Full Name of Chief Executive), am chief executive officer of (Legal Name Of Firm) and do hereby affirm that all the information provided in this application is correct to the best of my knowledge; and I further affirm that neither this firm, any antecedent firm to this firm, or any of the officers of this or antecedent firms has been convicted of a felony in any state.

C. Within 30 calendar days following the change of any data in subsection B of this section, the transporter shall notify the department of that change. Failure to notify the department nullifies the registration and invalidates the registration number. When the transporter changes legal name, corporate ownership, or the chief executive officer, he shall notify the department within 30 days of such a change. Upon receiving such a notification, the department will revoke the old registration and reissue a new registration based on the new information.

D. Use of a false or invalid registration number is prohibited.

Note: All filings of data and requests for registration number and issuance of a registration number shall be in writing.

9VAC20-120-490. Transport by mail.

Transport of regulated medical waste by the United States Postal Services that fully complies with 39 CFR 111 shall be considered to be transportation by a registered transporter and in compliance with this chapter if:

1. The generator maintains a complete and legible copy of the manifest or mail disposal service shipping record for a period of three years (Note: disposer's certification and other tracking items must be completed and shown on the copy);

2. The addressee is a facility permitted by all the appropriate agencies of the Commonwealth of Virginia or the host state; and

3. No package may be more than 35 pounds by weight.