Virginia Law

A. The provisions governing notification, records and reporting shall be as follows:

1. With regard to the emissions standards in 9VAC5-40-8080 and 9VAC5-40-8090, the provisions of 9VAC5-40-50 (Notification, records and reporting) apply.

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

a. 9VAC5-40-50 F and H.

b. 40 CFR 60.7.

c. Subsections B through J of this section.

B. The owner of an affected facility shall maintain records of the information specified in this subsection, as applicable, for each affected facility for a period of at least five years.

1. The calendar date of each record.

2. The emission concentrations and parameters measured using continuous monitoring systems as specified under subdivisions 2 a and 2 b of this subsection.

a. The measurements specified in subdivisions 2 a (1) through 2 a (4) of this subsection shall be recorded and be available for submittal to the board or review onsite by an inspector.

(1) All six-minute average opacity levels as specified under 9VAC5-40-8140 B.

(2) All one-hour average sulfur dioxide emission concentrations as specified under 9VAC5-40-8140 D.

(3) All one-hour average nitrogen oxides emission concentrations as specified under 9VAC5-40-8140 G.

(4) All one-hour average carbon monoxide emission concentrations, municipal waste combustor unit load measurements, and particulate matter control device inlet temperatures as specified under 9VAC5-40-8150 C.

b. The average concentrations and percent reductions, as applicable, specified in subdivisions 2 b (1) through 2 b (4) of this subsection shall be computed and recorded, and shall be available for submittal to the board or review on-site by an inspector.

(1) All 24-hour daily geometric average sulfur dioxide emission concentrations and all 24-hour daily geometric average percent reductions in sulfur dioxide emissions as specified under 9VAC5-40-8140 D.

(2) All 24-hour daily arithmetic average nitrogen oxides emission concentrations as specified under 9VAC5-40-8140 G.

(3) All four-hour block or 24-hour daily arithmetic average carbon monoxide emission concentrations, as applicable, as specified under 9VAC5-40-8150 C.

(4) All four-hour block arithmetic average municipal waste combustor unit load levels and particulate matter control device inlet temperatures as specified under 9VAC5-40-8150 C.

3. Identification of the calendar dates when any of the average emission concentrations, percent reductions, or operating parameters recorded under subdivisions 2 b (1) through 2 b (4) of this subsection, or the opacity levels recorded under subdivision 2 a (1) of this subsection are above the applicable limits, with reasons for such exceedances and a description of corrective actions taken.

4. For affected facilities that apply activated carbon for mercury or dioxin/furan control, the records specified in subdivisions 4 a through 4 e of this subsection.

a. The average carbon mass feed rate (in kilograms per hour or pounds per hour) estimated as required under 9VAC5-40-8140 J 1 a during all annual emission tests for mercury emissions, with supporting calculations.

b. The average carbon mass feed rate (in kilograms per hour or pounds per hour) estimated as required under 9VAC5-40-8140 J 1 b during all annual emission tests for dioxin/furan, with supporting calculations.

c. The average carbon mass feed rate (in kilograms per hour or pounds per hour) estimated for each hour of operation as required under 9VAC5-40-8140 J 3 b, with supporting calculations.

d. The total carbon usage for each calendar quarter estimated as specified by 9VAC5-40-8140 J 3, with supporting calculations.

e. Carbon injection system operating parameter data for the parameter(s) that are the primary indicator(s) of carbon feed rate (e.g., screw feeder speed).

5. Identification of the calendar dates for which the minimum number of hours of any of the data specified in subdivisions 5 a through 5 e of this subsection have not been obtained including reasons for not obtaining sufficient data and a description of corrective actions taken.

a. Sulfur dioxide emissions data;

b. Nitrogen oxides emissions data;

c. Carbon monoxide emissions data;

d. Municipal waste combustor unit load data; and

e. Particulate matter control device temperature data.

6. Identification of each occurrence that sulfur dioxide emissions data, nitrogen oxides emissions data, or operational data (i.e., carbon monoxide emissions, unit load, and particulate matter control device temperature) have been excluded from the calculation of average emission concentrations or parameters, and the reasons for excluding the data.

7. The results of daily drift tests and quarterly accuracy determinations for sulfur dioxide, nitrogen oxides (large municipal waste combustors only), and carbon monoxide continuous emission monitoring systems, as required under Appendix F of 40 CFR Part 60, procedure 1.

8. The test reports documenting the results of all annual emission tests listed in subdivisions 8 a and 8 b of this subsection shall be recorded along with supporting calculations.

a. The results of all annual emission tests conducted to determine compliance with the particulate matter, opacity, cadmium, lead, mercury, dioxins/furans, hydrogen chloride, and fugitive ash emission limits.

b. For all dioxin/furan emission tests recorded under subdivision 8 a of this subsection, the maximum demonstrated municipal waste combustor unit load and maximum demonstrated particulate matter control device temperature (for each particulate matter control device).

9. The records specified in subdivisions 9 a through 9 c of this subsection.

a. Records showing the names of the municipal waste combustor chief facility operator, shift supervisors, and control room operators who have been provisionally certified by the American Society of Mechanical Engineers or an equivalent board-approved certification program as required by 9VAC5-40-8130 A, including the dates of initial and renewal certifications and documentation of current certification.

b. Records showing the names of the municipal waste combustor chief facility operator, shift supervisors, and control room operators who have been fully certified by the American Society of Mechanical Engineers or an equivalent board-approved certification program as required by 9VAC5-40-8130 B, including the dates of initial and renewal certifications and documentation of current certification.

c. Records showing the names of the municipal waste combustor chief facility operator, shift supervisors, and control room operators who have completed the EPA municipal waste combustor operator training course or a board-approved equivalent course as required by 9VAC5-40-8130 E, including documentation of training completion.

10. Records showing the names of persons who have completed a review of the operating manual as required by 9VAC5-40-8130 G, including the date of the initial review and subsequent annual reviews.

11. For affected facilities that apply activated carbon for mercury or dioxin/furan control, identification of the calendar dates when the average carbon mass feed rates recorded under subdivision 4 c of this subsection were less than either of the hourly carbon feed rates estimated during emission tests for mercury or dioxin/furan emissions and recorded under subdivisions 4 a and 4 b of this subsection, respectively, with reasons for such feed rates and a description of corrective actions taken.

12. For affected facilities that apply activated carbon for mercury or dioxin/furan control, identification of the calendar dates when the carbon injection system operating parameter(s) that are the primary indicator(s) of carbon mass feed rate (e.g., screw feeder speed) recorded under subdivision 4 d of this subsection are below the level(s) estimated during the emission tests as specified in 9VAC5-40-8140 J 1 a and 9VAC5-40-8140 J 1 b, with reasons for such occurrences and a description of corrective actions taken.

C. The owner of an air curtain incinerator subject to the opacity limit under 9VAC5-40-8060 shall maintain records of results of the opacity emission tests required by 9VAC5-40-8140 I for a period of at least five years.

D. The owner of an affected facility shall submit an annual report including the information specified in this subsection, as applicable, no later than February 1 of each year following the calendar year in which the data were collected (once the unit is subject to permitting requirements in a federal operating permit, the owner of an affected facility must submit these reports semiannually).

1. A summary of data collected for all pollutants and parameters regulated under this article, which includes the information specified in subdivisions 1 a through 1 e of this subsection.

a. A list of the particulate matter, opacity, cadmium, lead, mercury, dioxins/furans, hydrogen chloride, and fugitive ash emission levels achieved during the emission tests recorded under subdivision B 8 of this section.

b. A list of the highest emission level recorded for sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load level, and particulate matter control device inlet temperature based on the data recorded under subdivisions B 2 b (1) through B 2 b (4) of this section.

c. List the highest opacity level measured, based on the data recorded under subdivision B 2 a (1) of this section.

d. The total number of days that the minimum number of hours of data for sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load, and particulate matter control device temperature data were not obtained based on the data recorded under subdivision B 5 of this section.

e. The total number of hours that data for sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load, and particulate matter control device temperature were excluded from the calculation of average emission concentrations or parameters based on the data recorded under subdivision B 6 of this section.

2. The summary of data reported under subdivision 1 of this subsection shall also provide the types of data specified in subdivision 1 of this subsection for the calendar year preceding the year being reported, in order to provide the board with a summary of the performance of the affected facility over a two-year period.

3. The summary of data including the information specified in subdivisions 1 and 2 of this subsection shall highlight any emission or parameter levels that did not achieve the emission or parameter limits specified under this article.

4. A notification of intent to begin the reduced dioxin/furan emission testing schedule specified in 9VAC5-40-8140 F 5 b during the following calendar year.

E. The owner of an affected facility shall submit a semiannual report that includes the information specified in subdivisions 1 through 5 of this subsection for any recorded pollutant or parameter that does not comply with the pollutant or parameter limit specified under this article, according to the schedule specified under subdivision 6 of this subsection.

1. The semiannual report shall include information recorded under subdivision B 3 of this section for sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load level, particulate matter control device inlet temperature, and opacity.

2. For each date recorded as required by subdivision B 3 of this section and reported as required by subdivision 1 of this subsection, the semiannual report shall include the sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load level, particulate matter control device inlet temperature, or opacity data, as applicable, recorded under subdivisions B 2 b (1) through B 2 b (4) and B 2 a (1) of this section, as applicable.

3. If the test reports recorded under subdivision B 8 of this section document any particulate matter, opacity, cadmium, lead, mercury, dioxins/furans, hydrogen chloride, and fugitive ash emission levels that were above the applicable pollutant limits, the semiannual report shall include a copy of the test report documenting the emission levels and the corrective actions taken.

4. The semiannual report shall include the information recorded under subdivision B 12 of this section for the carbon injection system operating parameter(s) that are the primary indicator(s) of carbon mass feed rate.

5. For each operating date reported as required by subdivision 4 of this subsection, the semiannual report shall include the carbon feed rate data recorded under subdivision B 4 c of this section.

6. Semiannual reports required by this subsection shall be submitted according to the schedule specified in subdivisions 6 a and 6 b of this subsection.

a. If the data reported in accordance with subdivisions 1 through 5 of this subsection were collected during the first calendar half, then the report shall be submitted by August 1 following the first calendar half.

b. If the data reported in accordance with subdivisions 1 through 5 of this subsection were collected during the second calendar half, then the report shall be submitted by February 1 following the second calendar half.

F. The owner of an air curtain incinerator subject to the opacity limit under 9VAC5-40-8060 shall submit the results of all annual emission tests for opacity recorded under subsection C of this section. Annual emission tests shall be submitted by February 1 of the year following the year of the emission test.

G. All reports specified under subsections D, E, and F of this section shall be submitted as a paper copy, postmarked on or before the submittal dates specified under these subsections, and maintained onsite as a paper copy for a period of five years.

H. All records specified under subsections B and C of this section shall be maintained onsite in either paper copy or computer-readable format, unless an alternative format is approved by the board.

I. If the owner of an affected facility would prefer to select a different annual or semiannual date for submitting the periodic reports required by subsections D, E, and F of this section, then the dates may be changed by mutual agreement between the owner and the board.

J. The owner of an affected facility shall submit the information specified in subdivisions 1 through 6 of this subsection in the initial emission test report.

1. The initial performance test data as recorded under subdivisions B 2 b (1) through (4) of this section for the initial emission test for sulfur dioxide, nitrogen oxides, carbon monoxide, MWC combustor unit load level, and particulate matter control device inlet temperature.

2. The test report documenting the initial emission test recorded under subdivision B 8 of this section for particulate matter, opacity, cadmium, lead, mercury, dioxins/furans, hydrogen chloride, and fugitive ash emissions.

3. The performance evaluation of the continuous emission monitoring system using the applicable performance specifications in Appendix B of 40 CFR Part 60.

4. The maximum demonstrated MWC unit load and maximum demonstrated particulate matter control device inlet temperatures established during the initial dioxin/furan emission test as recorded in subdivision B 8 of this section.

5. For affected facilities that apply activated carbon injection for mercury control, the owner shall submit the average carbon mass feed rate recorded under subdivision B 4 a of this section.

6. For affected facilities that apply activated carbon injection for dioxin/furan control, the owner shall submit the average carbon mass feed rate recorded under subdivision B 4 b of this section.