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Virginia Administrative Code
Title 9. Environment
Agency 5. State Air Pollution Control Board
Chapter 40. Existing Stationary Sources
12/3/2024

9VAC5-40-6780. Requirements for air curtain incinerators that burn 100% yard waste.

A. The owner of an air curtain incinerator subject to the provisions of this article shall meet the following opacity requirements no later than 180 days after the final compliance date specified in 9VAC5-40-6710 A.

1. The opacity limit is 10% (six-minute average) for air curtain incinerators that can combust at least 35 tons per day of municipal solid waste and no more than 250 tons per day of municipal solid waste.

2. The opacity limit is 35% (six-minute average) during the startup period that is within the first 30 minutes of operation.

3. Except during malfunctions, the requirements of this article apply at all times. Each malfunction shall not exceed three hours.

4. Compliance with the opacity limit shall be achieved as follows.

a. Reference Method 9 shall be used to determine compliance with the opacity limit.

b. An initial test for opacity as specified in 40 CFR 60.8 shall be conducted no later than 180 days after the final compliance date specified in 9VAC5-40-6710 A.

c. After the initial test for opacity, annual tests shall be conducted no more than 13 calendar months following the date of the previous test.

B. The owner of an air curtain incinerator subject to the provisions of this article shall meet the following recordkeeping and reporting requirements.

1. A notice of construction shall be provided that includes the following:

a. The intent to construct the air curtain incinerator.

b. The planned initial startup date.

c. Types of fuels planned to combust.

d. Incinerator capacity, including supporting capacity calculations, as specified in 9VAC5-40-6730 F.

2. Records of results of all opacity tests shall be maintained onsite in either paper copy or electronic format unless the board approves another format.

3. All records for each incinerator shall be maintained for at least five years.

4. All records shall be available to the board or for onsite review by an inspector.

5. The results (each six-minute average) of the opacity tests shall be submitted no later than February 1 of the year following the year of the opacity emission test.

6. Reports shall be submitted as a paper copy on or before the applicable submittal date. Reports may be submitted on electronic media with prior approval of the board.

7. Annual reporting dates may be revised with the prior approval of the board (see 40 CFR 60.19(c)).

8. All reports shall be maintained onsite for a period of five years.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

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

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