W. Va. Code R. § 64-56-10

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-56-10 - Methods of Treatment

10.1. General.

10.1.a. All infectious medical waste shall be treated by one of the following methods:

10.1.a.1. Incineration as described in Section 10.2 of this rule;

10.1.a.2. Steam treatment as described in Section 10.3 of this rule;

10.1.a.3. Discharge to a sanitary sewer as described in Section 10.4 of this rule; or

10.1.a.4. Any other alternative method approved in writing and permitted by the Secretary according to the provisions of Section 10.5 of this rule.

10.1.b. The residue or ash remaining after the treatment of infectious medical waste in accordance with this rule becomes noninfectious medical waste and may be disposed of in the same manner as ash from solid waste incineration and as provided in subdivision 10.2.e. of this rule.

10.2. Incineration.

10.2.a. All owners and operators of infectious medical waste incinerators are required to comply with applicable State laws and with rules of the West Virginia Department of Environmental Protection's Division of Air Quality.

10.2.b. Whenever infectious medical waste is introduced into an incinerator, all the waste shall be subjected to a burn temperature of not less than one thousand four hundred degrees Fahrenheit (1400 °F) for a period not less than one (1) hour. Gases generated by the combustion shall be subjected to a temperature of not less than one thousand eight hundred degrees Fahrenheit (1800 °F) for a period of one (1) second or more.

10.2.c. An incinerator used for treatment of infectious medical waste shall have interlocks or other process control devices to prevent feeding of the incinerator until the conditions specified in Section 10.2.b of this rule can be achieved. In the event low temperatures occur, facilities shall have automatic auxiliary burners which are capable, excluding the heat content of the waste, of independently maintaining the secondary chamber temperature at the minimum of one thousand eight hundred degrees Fahrenheit (1800 °F).

10.2.d. There shall be continuous monitoring and recording of primary and secondary chamber temperatures. Monitoring data shall be maintained for a period of three (3) years.

10.2.e. All combustible waste shall be converted by the incineration process into ash that is not recognizably in its pre-incineration form. Incinerator ash shall be tested at least quarterly, using a commingled random sample, for total organic carbon content, and annually for lead, mercury, cadmium, and other heavy metals. A maximum of five percent (5%) fixed carbon shall be permitted (minimum ninety-five percent (95%) burnout).

10.2.f. All individuals who operate infectious medical waste incinerators shall be registered with the Secretary. The Secretary shall issue a registration number to individuals who complete a course of study approved by the Secretary; obtain a passing score on a written examination; and pay the fee shown in Table 64-56 A found at the end of this rule.

10.3. Steam Treatment.

10.3.a. A steam treatment process for infectious medical waste shall at all times maintain:

10.3.a.1. A temperature of not less than two hundred and fifty degrees Fahrenheit (250 °F) for ninety (90) minutes at fifteen (15) pounds per square inch of gauge pressure; or

10.3.a.2. A temperature of two hundred and seventy-two degrees Fahrenheit (272 °F) for forty-five (45) minutes at twenty-seven (27) pounds per square inch; or

10.3.a.3. A temperature of two hundred and fifty degrees Fahrenheit (250 °F) for twenty-eight (28) minutes at eighty (80) pounds per square inch; or

10.3.a.4. A temperature of two hundred and seventy degrees Fahrenheit (270 °F) for sixteen (16) minutes at eighty (80) pounds per square inch; or

10.3.a.5. A temperature of two hundred and seventy degrees Fahrenheit (270 °F) for thirty (30) minutes at thirty-two (32) pounds per square inch; or

10.3.a.6. Other combinations of operational temperatures, pressure and time approved by the Secretary. Other combinations may be approved if the installed equipment has been proved to achieve a reliable kill of all infectious microorganisms in infectious medical waste at design capacity. Complete and thorough testing of such other combinations of temperature and pressure shall be fully documented, including tests of the capacity to kill Bacillus stearothermophilus. Longer steam treatment times are required when a load contains a large quantity of liquid.

10.3.b. Each package of infectious medical waste to be treated on-site with steam shall have a tape attached that will indicate if the steam treatment temperature has been reached. The infectious medical waste shall not be considered satisfactorily treated if the indicator does not indicate that the treatment temperature was reached during the process. Each package shall also be labeled according to the requirements of Section 6.3.b or comply with Section 6.4 of this rule after treatment if recognizable.

10.3.c. Steam treatment units shall be evaluated under full loading for effectiveness with spores of Bacillus stearothermophilus no less than once per every forty (40) hours of operation.

10.3.d. A log shall be kept at each steam treatment unit that is complete for the preceding three (3) year period. The log shall record:

10.3.d.1. The date, time and operator of each usage;

10.3.d.2. The type and approximate amount of waste treated;

10.3.d.3. The post-treatment reading of the temperature sensitive tape (on-site treatment only);

10.3.d.4. The dates and results of calibration; and

10.3.d.5. The results of the testing required by Section 10.3.c of this rule.

10.3.e. Where multiple steam treatment units are used, a working log can be maintained at each unit and such logs periodically consolidated at a central location. The consolidated logs shall be retained for three (3) years and be available for review.

10.4. Sanitary Sewer.

Liquid infectious medical waste may be discharged to a sanitary sewer through a drainage fixture of a size and type adequate to discharge the waste in a sanitary manner to a sewer system approved by the Secretary according to Sewage System Rules, 64 CSR 9. The use of a grinder to reduce infectious solid matter to a size or consistency which can be discharged to a sewer is prohibited.

10.5. Alternative Methods.

10.5.a. The Secretary may approve an alternative method of treatment not described in this rule if the Secretary determines that the proposed process will render infectious medical waste noninfectious and will provide protection to the health and safety of the public and workers at least the equivalent to the methods found at Sections 10.2, 10.3 or 10.4 of this rule.

10.5.b. The Secretary may issue provisional approval to any alternate method until an appropriate trial period can validate performance. Alternate methods employing disinfection must have the disinfectant registered for that purpose in accordance with the federal Insecticide, Fungicide, and Rodenticide Act as amended. If the process fails to provide adequate treatment when operated according to manufacturer's instructions, the provisional approval shall be revoked.

10.5.c. In addition to complying with other sections of this rule, an application for approval of an alternate method shall include:

10.5.c.1. A listing of the classes and amounts of infectious medical waste the method could be employed to treat;

10.5.c.2. A copy of the detailed plans for the device used in the method;

10.5.c.3. A written summary of the proper operation of the method and device;

10.5.c.4. A copy of the operation and maintenance manual for the process or device;

10.5.c.5. Copies of approval and denial letters from other states where the process has been evaluated; and

10.5.c.6. A copy of an evaluation report provided by a testing laboratory independent of the applicant using a testing protocol approved by the Secretary confirming the efficacy of the treatment process and that the process does not produce a hazardous waste, discharge or air emission.

10.5.d. To evaluate alternative treatment technologies, the Secretary shall use the procedures outlined in the following referenced manual that is incorporated in this rule: State and Territorial Association on Alternate Treatment Technologies, Technical Assistance Manual: State Regulatory Oversight of Medical Waste Treatment Technologies.

10.5.e. A non-refundable alternative technology evaluation fee shall be submitted with the application in accordance with Table 64-56A at the end of this rule.

W. Va. Code R. § 64-56-10