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Virginia Administrative Code
Title 9. Environment
Agency 5. State Air Pollution Control Board
Chapter 40. Existing Stationary Sources
9/18/2020

9VAC5-40-6550. Applicability and Designation of Affected Facility.

Article 46
Emission Standards for Small Municipal Waste Combustors (Rule 4-46)

A. Except as provided in subsections C and D of this section, the affected facilities to which the provisions of this article apply are small municipal waste combustion units that (i) have the capacity to combust at least 35 tons per day of municipal solid waste but no more than 250 tons per day of municipal solid waste or refuse-derived fuel, and (ii) have commenced construction on or before August 30, 1999.

B. The provisions of this article apply throughout the Commonwealth of Virginia.

C. The following provisions govern changes to municipal waste combustion units.

1. If the owner of a municipal waste combustion unit makes changes that meet the definition of modification or reconstruction after June 6, 2001, for subpart AAAA of 40 CFR Part 60, the municipal waste combustion unit becomes subject to subpart AAAA of 40 CFR Part 60 and the provisions of this article no longer apply to that unit.

2. If the owner of a municipal waste combustion unit makes physical or operational changes to an existing municipal waste combustion unit primarily to comply with the provisions of this article, subpart AAAA of 40 CFR Part 60 does not apply to that unit. Such changes do not constitute modifications or reconstructions under subpart AAAA of 40 CFR Part 60.

D. Exempt from the provisions of this article are the following.

1. Small municipal waste combustion units that combust less than 11 tons per day and meet the following conditions.

a. The unit is subject to a federally enforceable permit limiting the amount of municipal solid waste combusted to less than 11 tons per day.

b. The owner notifies the board that the unit qualifies for the exemption.

c. The owner provides the board with a copy of the federally enforceable permit.

d. The owner keeps daily records of the amount of municipal solid waste combusted.

2. Small power production units that meet the following conditions.

a. The unit qualifies as a small power production facility under § 3(17)(C) of the Federal Power Act (16 USC § 796(17)(C)).

b. The unit combusts homogeneous waste (excluding refuse-derived fuel) to produce electricity.

c. The owner notifies the board that the unit qualifies for the exemption.

d. The board receives documentation from the owner that the unit qualifies for the exemption.

3. Cogeneration units that meet the following conditions.

a. The unit qualifies as a cogeneration facility under § 3(18)(B) of the Federal Power Act (16 USC § 796(18)(B)).

b. The unit combusts homogeneous waste (excluding refuse-derived fuel) to produce electricity and steam or other forms of energy used for industrial, commercial, heating, or cooling purposes.

c. The owner notifies the board that the unit qualifies for the exemption.

d. The board receives documentation from the owner that the unit qualifies for the exemption.

4. Municipal waste combustion units that combust only tires and meet the following conditions.

a. The unit combusts a single-item waste stream of tires and no other municipal waste (the unit can co-fire coal, fuel oil, natural gas, or other nonmunicipal solid waste).

b. The owner notifies the board that the unit qualifies for the exemption.

c. The board receives documentation from the owner that the unit qualifies for the exemption.

5. Hazardous waste combustion units that have received a permit under § 3005 of the Solid Waste Disposal Act (42 USC § 6901 et seq.).

6. Materials recovery units that combust waste mainly to recover metals. Primary and secondary smelters may qualify.

7. Co-fired units that meet the following conditions.

a. The unit has a federally enforceable permit limiting municipal solid waste combustion to 30% of the total fuel input by weight.

b. The board is notified by the owner that the unit qualifies for the exemption.

c. The owner provides the board with a copy of the federally enforceable permit.

d. The owner records the weights, each quarter, of municipal solid waste and of all other fuels combusted.

8. Plastics/rubber recycling units that meet the following conditions.

a. The pyrolysis/combustion unit is an integrated part of a plastics/rubber recycling unit.

b. The owner records the weight, each quarter, of plastics, rubber, and rubber tires processed.

c. The owner records the weight, each quarter, of feed stocks produced and marketed from chemical plants and petroleum refineries.

d. The owner maintains the name and address of the purchaser of the feed stocks.

9. Units that combust fuels made from products of plastics/rubber recycling plants and meet the following criteria.

a. The unit combusts gasoline, diesel fuel, jet fuel, fuel oils, residual oil, refinery gas, petroleum coke, liquefied petroleum gas, propane, or butane produced by chemical plants or petroleum refineries that use feed stocks produced by plastics/rubber recycling units.

b. The unit does not combust any other municipal solid waste.

10. Cement kilns that combust municipal solid waste.

11. Air curtain incinerators that combust 100% yard waste are exempt from the requirements of this article except they shall meet the requirements of 9VAC5-40-6780.

12. Affected municipal waste combustion units that meet the following criteria.

a. The owner reduces, by the final compliance dates in 9VAC5-40-6710, the maximum combustion capacity of the unit to less than 35 tons per day of municipal solid waste. A permit restriction or a change in the method of operation does not qualify as a reduction in capacity.

b. The owner submits a final control plan and the notifications of achievement of increments of progress as specified in 9VAC5-40-6710 B. The final control plan shall, at a minimum, include the following.

(1) A description of the physical changes that will be made to accomplish the reduction.

(2) Calculations of the current maximum combustion capacity and the planned maximum combustion capacity after the reduction. The combustion capacity of a municipal waste combustion unit shall be calculated as specified in 9VAC5-40-6730 F.

E. Each owner shall submit an application for a federal operating permit no later than December 6, 2003. If the unit is subject to the federal operating permit program as a result of some triggering requirement(s) other than this article (for example, being a major source), then the unit may be required to apply for and obtain a federal operating permit prior to the deadline in this subsection. If more than one requirement triggers the requirement to apply for a federal operating permit, the 12-month timeframe for filing a permit application is triggered by the requirement which first causes the source to be subject to the federal operating permit program.

F. The provisions of 40 CFR Part 60 cited in this article are applicable only to the extent that they are incorporated by reference in Article 5 (9VAC5-50-400 et seq.) of Part II of 9VAC5 Chapter 50.

G. The requirement of subdivision D 5 of this section with regard to obtaining a permit under § 3005 of the Solid Waste Disposal Act (42 USC § 6901 et seq.) may be met by obtaining a permit from the department as required by 9VAC20 Chapter 60.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Volume 19, Issue 24, eff. September 10, 2003.

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