Virginia Law

A. The provisions governing compliance shall be as follows:

1. With regard to the emissions standards in 9VAC5-40-8080 and 9VAC5-40-8090, the provisions of 9VAC5-40-20 (Compliance), apply.

2. With regard to the emission limits in 9VAC5-40-7970 through 9VAC5-40-8070, the following provisions apply:

a. 9VAC5-40-20 B, C, D, and E.

b. 40 CFR 60.11.

c. Subsections B through F of this section.

B. The provisions for startup, shutdown, and malfunction in subdivisions 1 and 2 of this subsection apply. Test methods and procedures for determining compliance shall be performed as specified in 9VAC5-40-8140.

1. Except as provided by 9VAC5-40-8060 C, the standards under this article apply at all times except during periods of startup, shutdown, or malfunction. Duration of startup, shutdown, or malfunction periods are limited to three hours per occurrence, except as provided in subdivision 1 c of this subsection.

a. The startup period commences when the affected facility begins the continuous burning of municipal solid waste and does not include any warmup period when the affected facility is combusting fossil fuel or other nonmunicipal solid waste fuel, and no municipal solid waste is being fed to the combustor.

b. Continuous burning is the continuous, semicontinuous, or batch feeding of municipal solid waste for purposes of waste disposal, energy production, or providing heat to the combustion system in preparation for waste disposal or energy production. The use of municipal solid waste solely to provide thermal protection of the grate or hearth during the startup period when municipal solid waste is not being fed to the grate is not considered to be continuous burning.

c. For the purpose of compliance with the carbon monoxide emission limits in 9VAC5-40-7980, if a loss of boiler water level control (e.g., boiler waterwall tube failure) or a loss of combustion air control (e.g., loss of combustion air fan, induced draft fan, combustion grate bar failure) is determined to be a malfunction, the duration of the malfunction period is limited to 15 hours per occurrence.

2. The opacity limits for air curtain incinerators specified in 9VAC5-40-8060 apply at all times as specified under 9VAC5-40-8060 except during periods of malfunction. Duration of malfunction periods are limited to three hours per occurrence.

C. The procedures specified in subdivisions 1 and 2 of this subsection shall be used for calculating municipal waste combustor unit capacity.

1. For municipal waste combustor units capable of combusting municipal solid waste continuously for a 24-hour period, municipal waste combustor unit capacity shall be calculated based on 24 hours of operation at the maximum charging rate. The maximum charging rate shall be determined as specified in subdivisions 1 a and 1 b of this subsection as applicable.

a. For combustors that are designed based on heat capacity, the maximum charging rate shall be calculated based on the maximum design heat input capacity of the unit and a heating value of 12,800 kilojoules per kilogram for combustors firing refuse-derived fuel and a heating value of 10,500 kilojoules per kilogram for combustors firing municipal solid waste that is not refuse-derived fuel.

b. For combustors that are not designed based on heat capacity, the maximum charging rate shall be the maximum design charging rate.

2. For batch feed municipal waste combustor units, municipal waste combustor unit capacity shall be calculated as the maximum design amount of municipal solid waste that can be charged per batch multiplied by the maximum number of batches that could be processed in a 24-hour period. The maximum number of batches that could be processed in a 24-hour period is calculated as 24 hours divided by the design number of hours required to process one batch of municipal solid waste, and may include fractional batches (e.g., if one batch requires 16 hours, then 24/16, or 1.5 batches, could be combusted in a 24-hour period). For batch combustors that are designed based on heat capacity, the design heating value of 12,800 kilojoules per kilogram for combustors firing refuse-derived fuel and a heating value of 10,500 kilojoules per kilogram for combustors firing municipal solid waste that is not refuse-derived fuel.

D. Nitrogen oxides emissions averaging is allowed as specified in this subsection.

1. The owner of a municipal waste combustor plant may elect to implement a nitrogen oxides emissions averaging plan for the affected facilities that are located at that plant and that are subject to this article, except as specified in subdivisions 1 a and 1 b of this subsection.

a. Municipal waste combustor units subject to subpart Ea or subpart Eb of 40 CFR Part 60 cannot be included in the emissions averaging plan.

b. Mass burn refractory municipal waste combustor units and other municipal waste combustion technologies not listed in 9VAC5-40-8050 B cannot be included in the emissions averaging plan.

2. The affected facilities included in the nitrogen oxides emissions averaging plan must be identified in the initial compliance report specified in 9VAC5-40-8160 J or in the annual report specified in 9VAC5-40-8160 D, as applicable, prior to implementing the averaging plan. The affected facilities being included in the averaging plan may be redesignated each calendar year. Partial year redesignation is allowable with board approval.

3. To implement the emissions averaging plan, the average daily (24-hour) nitrogen oxides emission concentration level for gases discharged from the affected facilities being included in the emissions averaging plan must be no greater than the levels specified in 9VAC5-40-8050 B.

4. Under the emissions averaging plan, the average daily nitrogen oxides emissions specified in 9VAC5-40-8050 B shall be calculated using the following equation. Affected facilities that are offline shall not be included in calculating the average daily nitrogen oxides emission level.

For Compliance, see Virginia Administrative Code print product.

5. For any day in which any affected facility included in the emissions averaging plan is offline, the owner of the municipal waste combustor plant must demonstrate compliance according to either subdivision 5 a of this subsection or both subdivisions 5 b and 5 c of this subsection.

a. Compliance with the applicable limits specified in 9VAC5-40-8050 B shall be demonstrated using the averaging procedure specified in subdivision 4 of this subsection for the affected facilities that are online.

b. For each of the affected facilities included in the emissions averaging plan, the nitrogen oxides emissions on a daily average basis shall be calculated and shall be equal to or less than the maximum daily nitrogen oxides emission level achieved by that affected facility on any of the days during which the emissions averaging plan was achieved with all affected facilities online during the most recent calendar quarter. The requirements of this subsection do not apply during the first quarter of operation under the emissions averaging plan.

c. The average nitrogen oxides emissions (kilograms per day) calculated according to subdivision 5 c (2) of this subsection shall not exceed the average nitrogen oxides emissions (kilograms per day) calculated according to subdivision 5 c (1) of this subsection.

(1) For all days during which the emissions averaging plan was implemented and achieved and during which all affected facilities were online, the average nitrogen oxides emissions shall be calculated. The average nitrogen oxides emissions (kilograms per day) shall be calculated on a calendar year basis according to subdivisions 5 c (1) (a) through 5 c (1) (c) of this subsection.

(a) For each affected facility included in the emissions averaging plan, the daily amount of nitrogen oxides emitted (kilograms per day) shall be calculated based on the hourly nitrogen oxides data specified under 9VAC5-40-8140 G 5, the flue gas flow rate determined using Table 19-1 of Reference Method 19 or a board-approved method, and the hourly average steam or feedwater flow rate.

(b) The daily total nitrogen oxides emissions shall be calculated as the sum of the daily nitrogen oxides emissions from each affected facility calculated under subdivision 5 c (1) (a) of this subsection.

(c) The average nitrogen oxides emissions (kilograms per day) on a calendar year basis shall be calculated as the sum of all daily total nitrogen oxides emissions calculated under subdivision 5 c (1) (b) of this subsection divided by the number of calendar days for which a daily total was calculated.

(2) For all days during which one or more of the affected facilities under the emissions averaging plan was offline, the average nitrogen oxides emissions shall be calculated. The average nitrogen oxides emissions (kilograms per day) shall be calculated on a calendar year basis according to subdivisions 5 c (2) (a) through 5 c (2) (c) of this subsection.

(a) For each affected facility included in the emissions averaging plan, the daily amount of nitrogen oxides emitted (kilograms per day) shall be calculated based on the hourly nitrogen oxides data specified under 9VAC5-40-8140 G 5, the flue gas flow rate determined using Table 19-1 of Reference Method 19, and the hourly average steam or feedwater flow rate.

(b) The daily total nitrogen oxides emissions shall be calculated as the sum of the daily nitrogen oxides emissions from each affected facility calculated under subdivision 5 c (2) (a) of this subsection.

(c) The average nitrogen oxides emissions (kilograms per day) on a calendar year basis shall be calculated as the sum of all daily total nitrogen oxides emissions calculated under subdivision 5 c (2) (b) of this subsection divided by the number of calendar days for which a daily total was calculated.

E. Owners of municipal waste combustor plants may engage in trading of nitrogen oxides emission credits. A trading program must be approved by the board before implementation.

F. The initial emission test shall be completed within 180 days after the final compliance date specified in 9VAC5-40-8110 A.