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Virginia Administrative Code
Title 9. Environment
Agency 5. State Air Pollution Control Board
Chapter 40. Existing Stationary Sources
11/5/2024

9VAC5-40-5855. Compliance schedule.

A. Except as provided for under subsection B of this section, the owner of a municipal solid waste landfill subject to this article located outside the Northern Virginia Volatile Organic Compound Emissions Control Area and with a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters shall plan, award contracts, and install emission collection and control equipment capable of meeting the standards established under 9VAC5-40-5820 within specific periods after the date the initial NMOC emission rate report under 9VAC5-40-5880 D 1 a shows NMOC emissions equal or exceed 50 megagrams per year, as follows:

1. The collection and control design plan shall be submitted to the board within 12 months.

2. Construction contracts shall be awarded within 18 months.

3. Construction shall be initiated within 20 months.

4. Construction shall be completed within 28 months.

5. Final compliance shall be achieved within 30 months after the date the initial annual emission rate report shows NMOC emissions greater than or equal to 50 megagrams per year.

B. For each MSW landfill located outside of the Northern Virginia Volatile Organic Compound Emissions Control Area with a design capacity of 2.5 million megagrams and 2.5 million cubic meters and with an NMOC rate less than 50 megagrams per year on April 1, 1999, installation of collection and control systems capable of meeting the standards established under 9VAC5-40-5820 shall be accomplished within 30 months of the date when the condition in 9VAC5-40-5820 C is met (i.e., the date of the first annual NMOC emission rate which equals or exceeds 50 megagrams per year), as follows:

1. The collection and control design plan shall be submitted to the board within 12 months.

2. Construction contracts shall be awarded within 18 months.

3. Construction shall be initiated within 20 months.

4. Construction shall be completed within 28 months.

5. Final compliance shall be achieved within 30 months after the date the initial annual emission rate report shows NMOC emissions greater than or equal to 50 megagrams per year.

C. Except as provided for under subsection D of this section, the owner of a municipal solid waste landfill subject to this article in the Northern Virginia Volatile Organic Compound Emissions Control Area, with a design capacity greater than or equal to 1.0 million megagrams and 1.0 million cubic meters shall plan, award contracts, and install emission collection and control equipment capable of meeting the standards established under 9VAC5-40-5820 by December 30, 1999, provided the initial NMOC emission rate report shows NMOC emissions equal or exceed 23 megagrams per year.

D. For each MSW landfill in the Northern Virginia Volatile Organic Compound Emissions Control Area, with a design capacity greater than or equal to 1.0 million megagrams and 1.0 million cubic meters and with an NMOC rate less than 23 megagrams per year on April 1, 1999, installation of collection and control systems capable of meeting the standards established under 9VAC5-40-5820 shall be accomplished within 30 months of the date when the condition in 9VAC5-40-5820 C is met (i.e., the date of the first annual NMOC emission rate which equals or exceeds 23 megagrams per year), as follows:

1. The collection and control design plan shall be submitted to the board within 12 months.

2. Construction contracts shall be awarded within 18 months.

3. Construction shall be initiated within 20 months.

4. Construction shall be completed within 28 months.

5. Final compliance shall be achieved within 30 months after the date the initial annual emission rate report shows NMOC emissions greater than or equal to 23 megagrams per year.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 15, Issue 12, eff. April 1, 1999; amended, Virginia Register Volume 20, Issue 8, eff. January 29, 2004.

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