Virginia Law

A. Small municipal waste combustion units shall achieve final compliance or cease operation as expeditiously as practicable but not later than November 6, 2005.

B. The enforceable increments of progress shall be met as follows.

1. If a Class I unit plans to achieve compliance later than January 3, 2004, and a permit modification is not required, or more than one year following the date of issuance of a revised construction or operation permit if a permit modification is required, the Class I unit shall:

a. Submit a final control plan no later than August 6, 2003.

b. Submit a notification of retrofit contract award no later than April 6, 2004.

c. Initiate onsite construction no later than October 6, 2004.

d. Complete onsite construction no later than October 6, 2005.

e. Achieve final compliance no later than November 6, 2005.

2. Class I units that commenced construction after June 26, 1987, shall comply with the dioxins/furans and mercury limits specified in 9VAC5-40-6590 and 9VAC5-40-6650 no later than January 31, 2004, or one year following the issuance of a revised construction or operation permit, if a permit modification is required. Final compliance shall be achieved no later than November 6, 2005, even if the date one year after the issuance of a revised construction or operation permit is later than November 6, 2005.

3. If a Class II unit plans to achieve compliance later than January 31, 2004, and a permit modification is not required, or more than one year following the date of issuance of a revised construction or operation permit if a permit modification is required, the Class II unit shall:

a. Submit a final control plan no later than September 6, 2003.

b. Achieve final compliance no later than May 6, 2005.

C. The following provisions govern municipal waste combustor closure.

1. If a municipal waste combustion unit is closed but will reopen prior to the final compliance date, the increments of progress specified in subdivision B 1 of this section shall be met. If a municipal waste combustion unit is closed but will be restarted after the final compliance date, emission control retrofit shall be completed and emission limits and good combustion practices shall be met on the date the municipal waste combustion unit restarts operation.

2. If a municipal waste combustion unit will be closed rather than comply with this article, the owner shall submit a closure notification, including the date of closure, to the board by August 6, 2003. If the closure date is later than January 31, 2004, the owner shall enter into a legally binding closure agreement with the board by August 6, 2003. The agreement shall specify (i) the date by which operation will cease, which shall be no later than November 6, 2005, and (ii) for Class I units only, dioxin/furan emission test results as specified under 9VAC5-40-6740 B.

D. Notification of achievement of increments of progress shall be prepared and submitted as follows.

1. The notification shall state that the increment of progress has been achieved and shall include any items required to be submitted with the increment of progress listed in subdivision 3 of this subsection. The notification shall be signed by the owner or operator of the municipal waste combustion unit, and shall be postmarked no later than 10 days after the compliance date for the increment.

2. If an increment of progress is not met, the owner shall submit a notification to the board postmarked within 10 business days after the specified date in subsection B of this section for achieving that increment of progress. The notification shall inform the board that the increment was not met, explain why, and include a plan for meeting the increment as expeditiously as possible. Reports shall be submitted each subsequent month until the increment of progress is met.

3. Individual increments of progress shall be reported as follows.

a. For the control plan increment of progress, the owner shall submit the final control plan, including a description of the devices for air pollution control and process changes that will be used to comply with the emission limits and other requirements of this article. An onsite copy of the final control plan shall be maintained.

b. For the awarding contracts increment of progress, the owner shall submit a signed copy of the contracts awarded to initiate onsite construction, initiate onsite installation of emission control equipment, and incorporate process changes. A copy of the contracts shall be included with the notification that the increment of progress has been achieved, exclusive of documents incorporated by reference or attachments to the contracts.

c. For the initiating onsite construction increment of progress, the owner shall initiate onsite construction and installation of emission control equipment and initiate the process changes outlined in the final control plan.

d. For the completing onsite construction increment of progress, the owner shall complete onsite construction and installation of emission control equipment and complete process changes outlined in the final control plan.

e. For the final compliance increment of progress, the owner shall complete all process changes and complete retrofit construction as specified in the final control plan; and connect the air pollution control equipment with the municipal waste combustion unit identified in the final control plan and complete process changes to the municipal waste combustion unit so that if the affected municipal waste combustion unit is brought online, all necessary process changes and air pollution control equipment are operating as designed.