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Virginia Administrative Code
Title 9. Environment
Agency 5. State Air Pollution Control Board
Chapter 40. Existing Stationary Sources
12/31/2024

9VAC5-40-5920. Permits.

A. A permit may be required prior to beginning any of the activities specified below if the provisions of 9VAC5 Chapter 50 (9VAC5-50) and 9VAC5 Chapter 60 (9VAC5-60) apply. Owners contemplating such action should review those provisions and contact the appropriate regional office for guidance on whether those provisions apply.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

6. Operation of a facility.

B. MSW landfills required to install a collection and control system according to the provisions of 9VAC5-40-5820 shall apply for a permit amendment in accordance with Part V (9VAC20-81-400 et seq.) of 9VAC20 Chapter 81 (Solid Waste Management Regulations).

C. Physical or operational changes made to an MSW landfill solely to comply with this article are not considered construction, reconstruction, or modification for the purposes of 40 CFR 60 Subpart WWW.

D. The owner of an MSW landfill subject to this article with a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters is subject to Article 1 (9VAC5-80-50 et seq.) of Part II of 9VAC5 Chapter 80. When a landfill is closed, and either never needed control or meets the conditions for control system removal specified in 9VAC5-40-5820 C 2 e, an operating permit under Article 1 (9VAC5-80-50 et seq.) of Part II of 9VAC5 Chapter 80 is no longer required.

E. A landfill with a design capacity less than 2.5 million megagrams or 2.5 million cubic meters does not require an operating permit under Article 1 (9VAC5-80-50 et seq.) of Part II of 9VAC5 Chapter 80.

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 12, Issue 11, eff. April 1, 1996; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999; Volume 20, Issue 8, eff. January 29, 2004; Volume 27, Issue 23, eff. August 17, 2011.

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