Administrative Code

Virginia Administrative Code
Title 9. Environment
Agency 5. State Air Pollution Control Board
9/18/2020

Chapter 40. Existing Stationary Sources

Part I
Special Provisions

9VAC5-40-10. Applicability.

A. The provisions of this chapter, unless specified otherwise, shall apply to existing sources for which emission standards are prescribed under this chapter.

B. The provisions of this chapter shall not apply to sources specified below except in cases where the provisions of this chapter (i) specifically provide otherwise or (ii) are more restrictive than the provisions of 9VAC5 Chapter 50 (9VAC5-50), 9VAC5 Chapter 80 (9VAC5-80), or any permit issued pursuant to 9VAC5 Chapter 80 (9VAC5-80). Sources exempted under this subsection shall be subject to the provisions of 9VAC5 Chapter 50 (9VAC5-50) or 9VACChapter 60 (9VAC5-60), or both, as applicable.

1. Any stationary source (or portion of it), the construction, modification or relocation of which commenced on or after March 17, 1972.

2. Any stationary source (or portion of it), the reconstruction of which commenced on or after December 10, 1976.

C. If a facility becomes subject to any requirement in the Regulations for the Control and Abatement of Air Pollution because it exceeds an exemption level, the facility shall continue to be subject to all applicable requirements even if future conditions cause the facility to fall below the exemption level.

D. Any owner subject to the provisions of this chapter may provide any report, notification or other document by electronic media if acceptable to both the owner and board. This subsection shall not apply to documents requiring signatures or certification under 9VAC5-20-230.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-01, eff. July 1, 1991; amended, Virginia Register Volume 18, Issue 21, eff. August 1, 2002.

9VAC5-40-20. Compliance.

A. Ninety days after the effective date of any emission standard prescribed under this chapter, no owner or other person shall operate any existing source in violation of such standard.

1. Compliance with standards in this chapter, other than opacity standards, shall be determined by emission tests established by 9VAC5-40-30, unless specified otherwise in the applicable standard.

2. Compliance with federal requirements in this chapter may be determined by alternative or equivalent methods only if approved by the administrator. For purposes of this subsection, federal requirements consist of the following:

a. New source performance standards established pursuant to § 111 of the federal Clean Air Act.

b. All terms and conditions in a federal operating permit, including any provisions that limit a source's potential to emit, unless expressly designated as not federally enforceable.

c. Limitations and conditions that are part of an implementation plan.

d. Limitations and conditions that are part of a section 111(d) or section 111(d)/129 plan.

e. Limitations and conditions that are part of a federal construction permit issued under 40 CFR 52.21 or any construction permit issued under regulations approved by EPA in accordance with 40 CFR Part 51.

f. Limitations and conditions that are part of an operating permit issued pursuant to a program approved by EPA into an implementation plan as meeting EPA's minimum criteria for federal enforceability, including adequate notice and opportunity for EPA and public comment prior to issuance of the final permit and practicable enforceability.

3. Compliance with opacity standards in this chapter may be determined by one or more of the following means:

a. Conducting observations in accordance with Reference Method 9 or any alternative method approved by EPA. For purposes of determining initial compliance, the minimum total time of observations shall be three hours (30 six-minute averages) for the emission test or other set of observations (meaning those fugitive-type emission sources subject only to an opacity standard). Opacity readings of portions of plumes which contain condensed, uncombined water vapor shall not be used for purposes of determining compliance with opacity standards.

b. Evaluation of data resulting from use of continuous monitoring by transmissometer, provided the instrument used meets Performance Specification 1 in Appendix B of 40 CFR Part 60 and has been properly maintained and that the resulting data have not been altered in any way.

c. Use of any other method approved by EPA.

4. The opacity standards prescribed under this chapter shall apply at all times except during periods of startup, shutdown, malfunction, and as otherwise provided in the applicable standard. This exception shall not apply to the following federal requirements:

a. Limitations and conditions that are part of an implementation plan.

b. Limitations and conditions that are part of a federal construction permit issued under 40 CFR 52.21 or any construction permit issued under regulations approved by EPA in accordance with 40 CFR Part 51.

c. Limitations and conditions that are part of an operating permit issued pursuant to a program approved by EPA into an implementation plan as meeting EPA's minimum criteria for federal enforceability, including adequate notice and opportunity for EPA and public comment prior to issuance of the final permit and practicable enforceability.

B. No owner of an existing source subject to the provisions of this chapter shall fail to conduct emission tests as required under this chapter.

C. No owner of an existing source subject to the provisions of this chapter shall fail to install, calibrate, maintain and operate equipment for continuously monitoring and recording emissions or process parameters or both as required under this chapter.

D. No owner of an existing source subject to the provisions of this chapter shall fail to provide notifications and reports, revise reports, maintain records or report emission test or monitoring results as required under this chapter.

E. At all times, including periods of startup, shutdown, soot blowing and malfunction, owners shall, to the extent practicable, maintain and operate any affected facility including associated air pollution control equipment in a manner consistent with air pollution control practices for minimizing emissions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the board, which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source.

F. At all times the disposal of volatile organic compounds shall be accomplished by taking measures, to the extent practicable, consistent with air pollution control practices for minimizing emissions. Volatile organic compounds shall not be intentionally spilled, discarded in sewers which are not connected to a treatment plant, or stored in open containers or handled in any other manner that would result in evaporation beyond that consistent with air pollution control practices for minimizing emissions.

G. The following provisions apply with respect to demonstrating compliance with opacity standards.

1. For the purpose of demonstrating initial compliance, opacity observations shall be conducted concurrently with the initial emission test unless one of the following conditions apply:

a. If no emission test is required, then opacity observations shall be conducted within 60 days after achieving the maximum production rate at which the affected facility will be operated but no later than 180 days after the compliance date.

b. If visibility or other conditions prevent the opacity observations from being conducted concurrently with the initial emission test, the owner shall reschedule the opacity observations as soon after the initial emission test as possible, but not later than 30 days thereafter, and shall advise the board of the rescheduled date. In these cases, the 30-day prior notification to the board required by 9VAC5-40-50 A 3 shall be waived. The rescheduled opacity observations shall be conducted (to the extent possible) under the same operating conditions that existed during the initial emission test. The visible emissions observer shall determine whether visibility or other conditions prevent the opacity observations from being made concurrently with the initial emission test in accordance with procedures contained in Reference Method 9.

Opacity readings of portions of plumes which contain condensed, uncombined water vapor shall not be used for purposes of determining compliance with opacity standards. The owner of an affected facility shall make available, upon request by the board, such records as may be necessary to determine the conditions under which the visual observations were made and shall provide evidence indicating proof of current visible observer emission certification. The results of continuous monitoring by transmissometer which indicate that the opacity at the time visual observations were made was not in excess of the standard are probative but not conclusive evidence of the actual opacity of an emission, provided the source meets the burden of proving that the instrument used meets (at the time of the alleged violation) Performance Specification 1 in Appendix B of 40 CFR Part 60 and has been properly maintained and (at the time of the alleged violation) that the resulting data have not been altered in any way.

2. Except as provided in subdivision 3 of this subsection, the owner of an affected facility to which an opacity standard in this chapter applies shall conduct opacity observations in accordance with subdivision A 3 of this section, shall record the opacity of emissions, and shall report to the board the opacity results along with the results of the initial emission test. The inability of an owner to secure a visible emissions observer shall not be considered a reason for not conducting the opacity observations concurrent with the initial emission test.

3. The owner of an affected facility to which an opacity standard in this chapter applies may request the board to determine and to record the opacity of emissions from the affected facility during the initial emission test and at such times as may be required. The owner of the affected facility shall report the opacity results. Any request to the board to determine and to record the opacity of emissions from an affected facility shall be included in the notification required in 9VAC5-40-50 A 3. If, for some reason, the board cannot determine and record the opacity of emissions from the affected facility during the emission test, then the provisions of subdivision 1 of this subsection shall apply.

4. An owner of an affected facility using a continuous opacity monitor (transmissometer) shall record the monitoring data produced during the initial emission test and shall furnish the board a written report of the monitoring results along with the Reference Method 9 and initial emission test results.

H. The following provisions apply with respect to new or more stringent emission standards:

1. The following provisions apply with respect to emission standards for volatile organic compounds:

a. In the case of any emission standard for volatile organic compounds adopted by the board which is more stringent than the emission standard for the source in effect prior to such adoption, if any, or where there was no emission standard, the source shall not be considered in violation of the newly adopted emission standard provided that the owner accomplishes the following:

(1) Complies with the emission standard as expeditiously as possible but in no case later than one year after the effective date of the emission standard.

(2) Within one month of achieving compliance, notifies the board of same.

(3) Within six months of achieving compliance, demonstrates to the satisfaction of the board compliance with the emission standard.

b. The reprieve provided by subdivision 1 a of this subsection shall only apply in cases where it is necessary for the owner to:

(1) Install emission control equipment or other equipment that alters the facility in order to comply with the emission standard; or

(2) Switch fuel or raw materials or both in order to comply with the emission standard.

c. Owners of sources not in compliance with the newly adopted emission standard, but in compliance with the provisions of subdivision 1 a of this subsection shall not be subject to any penalties for violation of the newly adopted emission standard that may be required by the Virginia Air Pollution Control Law.

d. Any reprieve from the sanctions of any provision of the Virginia Air Pollution Control Law pursuant to subdivision 1 a of this subsection shall not extend beyond the date by which compliance is to be achieved.

e. Nothing in subdivision 1 a of this subsection shall prevent the board from promulgating a separate compliance schedule for any source if the board finds that it is technologically infeasible or it is infeasible due to the nonavailability of necessary equipment or materials or other circumstances beyond the owner's control for the source to achieve compliance within one year of the effective date of an emission standard.

f. All compliance schedules proposed or prescribed under this section shall provide for compliance with the applicable emission standards as expeditiously as practicable.

g. Any compliance schedule approved under this subsection may be revoked at any time if the source owner does not meet the stipulated increments of progress, and if the failure to meet an increment is likely to result in failure to meet the date for final compliance, and the failure to meet the increment is due to causes within the owner's control.

2. The following provisions apply with respect to emission standards for pollutants other than volatile organic compounds:

a. In the case of any emission standard adopted by the board which is more stringent than the emission standard for the source in effect prior to such adoption, if any, or where there was no emission standard, the source shall not be considered in violation of the newly adopted emission standard provided that the owner accomplishes the following:

(1) Submits in a form and manner satisfactory to the board, a control program showing how compliance shall be achieved within the time frame in the applicable compliance schedule prescribed under 9VAC5-40-21; or, where no applicable compliance schedule is prescribed under 9VAC5-40-21, how compliance shall be achieved as expeditiously as possible; but in no case later than three years after the effective date of such emission standard.

(2) Receives approval of the board of such control program.

(3) Complies with all provisions, terms and conditions of the control program including the increments of progress.

b. The reprieve provided by subdivision 2 a of this subsection shall only apply in cases where it is necessary for the owner to:

(1) Install emission control equipment or other equipment that alters the facility in order to comply with the emission standard; or

(2) Switch fuel or raw materials or both in order to comply with the emission standard.

c. Owners of sources not in compliance with the newly adopted emission standard, but in compliance with the provisions of subdivision 2 a of this subsection shall not be subject to any penalties for violation of the newly adapted emission standard that may be required by the Virginia Air Pollution Control Law.

d. Any reprieve from the sanctions of any provision of the Virginia Air Pollution Control Law pursuant to subdivision 2 a of this subsection shall not extend beyond the date, specified in the emission standard or approved control program, by which compliance is to be achieved.

e. Control programs submitted under the provisions of subdivision 2 a of this subsection shall be processed in accordance with the provisions of 9VAC5-20-170. However, if the control program contains a compliance schedule which conforms to the applicable schedule prescribed in 9VAC5-40-21, the public hearing provision of 9VAC5-20-170 shall not apply.

f. Nothing in this section shall prevent the board from promulgating a separate compliance schedule for any source if the board finds that the application of a compliance schedule in 9VAC5-40-21 is technologically infeasible, or if the board finds that the application of a compliance schedule in 9VAC5-40-21 is infeasible due to the nonavailability of necessary equipment or materials or other circumstances beyond the owner's control.

g. Nothing in this section shall prevent the owner of a source subject to a compliance schedule in 9VAC5-40-21 from submitting to the board a proposed alternative compliance schedule provided the following conditions are met:

(1) The proposed alternative compliance schedule is submitted within six months of the effective date of the emission standard;

(2) The final control plans for achieving compliance with the applicable emission standard are submitted simultaneously;

(3) The alternative compliance schedule contains the same increments of progress as the schedule for which it is proposed as an alternative; and

(4) Sufficient documentation is submitted by the owner of the source to justify the alternative dates proposed for the increments of progress.

h. All compliance schedules proposed or prescribed under this section shall provide for compliance with the applicable emission standards as expeditiously as practicable.

i. Any compliance schedule approved under this subsection may be revoked at any time if the source owner does not meet the stipulated increments of progress, and if the failure to meet an increment is likely to result in failure to meet the date for final compliance, and the failure to meet the increment is due to causes within the owner's control.

j. The provisions of 9VAC5-40-21 shall not apply to owners of sources which are in compliance with the applicable emission standard and for which the owners have determined and certified compliance to the satisfaction of the board within 12 months of the effective date of the applicable emission standard.

I. The following provisions apply with respect to stack heights:

1. The degree of emission limitation required of any source owner for control of any air pollutant shall not be affected in any manner by:

a. So much of the stack height of any source as exceeds good engineering practice; or

b. Any other dispersion technique.

2. The provisions of subdivision 1 of this subsection shall not apply to:

a. Stack heights in existence, or dispersion techniques implemented on or before December 31, 1970, except where pollutants are being emitted from such stacks or using such dispersion techniques by sources, as defined in § 111(a)(3) of the federal Clean Air Act, which were constructed, or reconstructed, or for which major modifications, as defined in Article 8 (9VAC5-80-1700 et seq.) and Article 9 (9VAC5-80-2000 et seq.) of Part II of 9VAC5 Chapter 80, were carried out after December 31, 1970; or

b. Coal-fired steam electric generating units subject to the provisions of § 118 of the federal Clean Air Act, which commenced operation before July 1, 1957, and whose stacks were constructed under a construction contract awarded before February 8, 1974.

3. Prior to the adoption of a new or revised emission limitation that is based on a good engineering practice stack height that exceeds the height allowed by subdivision 1 or 2 of the GEP definition, the board shall notify the public of the availability of the demonstration study and shall provide the opportunity for public hearing on it.

4. For purposes of this subsection, such height shall not exceed the height allowed by subdivision 1 or 2 of the GEP definition unless the owner demonstrates to the satisfaction of the board, after 30 days notice to the public and opportunity for public hearing, that a greater height is necessary as provided under subdivision 3 of the GEP definition.

5. In no event may the board prohibit any increase in any stack height or restrict in any manner the maximum stack height of any source.

6. Compliance with emission standards in this chapter shall not be affected in any manner by the stack height of any source or any other dispersion technique.

J. For the purpose of submitting compliance certifications or establishing whether or not a person has violated or is in violation of any standard in this chapter, nothing in this chapter shall preclude the use, including the exclusive use, of any credible evidence or information, relevant to whether a source would have been in compliance with applicable requirements if the appropriate emission or compliance test or procedure had been performed.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from VR120-04-02, eff. July 1, 1986; amended, Virginia Register Volume 7, Issue 14, eff. July 1, 1991; Volume 18, Issue 21, eff. August 1, 2002; Volume 24, Issue 5, eff. December 12, 2007.

9VAC5-40-21. Compliance schedules.

A. The provisions of this section are a supplement to and shall be applied in context with the provisions of 9VAC5-40-20 H 2.

B. Compliance by process and emission control equipment installations.

1. Owners proposing to comply with an emission standard by the installation and operation of emission control equipment or replacement process equipment or both shall adhere to the increments of progress contained in the following schedule:

a. Final plans for the installation and operation of emission control equipment or process equipment or both shall be submitted within six months of the effective date of the applicable emission standard.

b. Contracts for the installation of emission control equipment or process equipment shall be awarded, or orders shall be issued for purchase of component parts to accomplish installation, within 16 months of the effective date of the applicable emission standard.

c. Initiation of on-site construction for the installation of the emission control equipment or process equipment or both shall begin within 22 months of the effective date of the applicable emission standard.

d. On-site construction or installation of the emission control equipment or process equipment or both shall be completed within 30 months of the effective date of the applicable emission standard.

e. Final compliance, determined in accordance with test methods acceptable to the board, shall be achieved within 32 months of the effective date of the applicable emission standard.

2. Owners of sources subject to the compliance schedule in subdivision 1 of this subsection shall certify to the board within five days after deadline for each increment of progress, whether the required increment of progress has been met.

C. Compliance by process equipment modification.

1. Owners proposing to comply with an emission standard by the modification of existing processing equipment shall adhere to the increments of progress contained in the following schedule.

a. Final plans for the process equipment modification shall be submitted within six months of the effective date of the applicable emission standard.

b. Contracts for the process equipment modification shall be awarded, or orders shall be issued for the purchase of component parts to accomplish the process equipment modification, within 15 months of the effective date of the applicable emission standard.

c. Initiation of on-site construction for the modification of the process equipment shall begin within 18 months of the effective date of the emission standard.

d. On-site construction or installation of process modifications shall be completed within 22 months of the effective date of the applicable emission standard.

e. Final compliance, determined in accordance with test methods acceptable to the board, shall be achieved within 24 months of the effective date of the applicable emission standard.

2. Owners of sources subject to the compliance schedule in subdivision 1 of the subsection shall certify to the board within five days after the deadline for each increment of progress, whether the required increment of progress has been met.

D. Compliance by use of process materials modification.

1. Except as provided under subdivision D 3 of this section, owners proposing to comply with an emission standard by the use of new process materials shall adhere to the increments of progress contained in the following schedule:

a. Final plans for the use of new process materials shall be submitted within six months of the effective date of the applicable emission standard.

b. Research and development of new process materials shall be completed within 18 months of the effective date of the applicable emission standard.

c. Evaluation of new process materials product quality and commercial acceptance shall be completed within 24 months of the effective date of the applicable emission standard.

d. Purchase orders shall be issued for new process materials and process modifications within 26 months of the effective date of the applicable emission standard.

e. Initiation of process modifications shall begin within 28 months of the effective date of the applicable emission standard.

f. Process modifications shall be completed and use of new process materials shall begin within 34 months of the effective date of the applicable emission standard.

g. Final compliance, determined in accordance with test methods acceptable to the board, shall be achieved within 36 months of the effective date of the applicable emission standard.

2. Owners of sources subject to the compliance schedule in subdivision D 1 of this section shall certify to the board within five days after the deadline for each increment of progress, whether the required increment of progress has been met.

3. Where the board determines that the use of new process materials has been sufficiently researched and developed for a particular application, owners proposing to comply with an emission standard by the use of new process materials shall adhere to the increments of progress contained in the following schedule:

a. Final plans for the use of new process materials shall be submitted within six months of the effective date of the applicable emission standard.

b. Evaluation of new process materials product quality and commercial acceptance shall be completed within 16 months of the effective date of the applicable emission standard.

c. Purchase orders shall be issued for new process materials and process modifications within 18 months of the effective date of the applicable emission standard.

d. Initiation of process modifications shall begin within 22 months of the effective date of the applicable emission standard.

e. Process modifications shall be completed and use of new process materials shall begin within 30 months of the effective date of the applicable emission standard.

f. Final compliance, determined in accordance with test methods acceptable to the board, shall be achieved within 32 months of the effective date of the applicable emission standard.

4. Owners of sources subject to the compliance schedule in subdivision D 3 of this section shall certify to the board within five days after deadline for each increment of progress, whether the required increment of progress has been met.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997.

9VAC5-40-22. Interpretation of emission standards based on process weight rate tables.

A. General. Unless otherwise approved by the board, interpretation of emission standards based on process weight rate tables shall be in accordance with this section.

B. Definitions.

1. For the purpose of these regulations and subsequent amendments of any orders issued by the board, the words or terms shall have the meaning given them in subdivision B 3 of this section.

2. As used in this section, all terms not defined here shall have the meaning given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

3. Terms defined.

"Manufacturing operation" means any process operation or combination of physically connected dissimilar process operations which is operated to effect physical or chemical changes, or both, in an article.

"Materials handling equipment" means any equipment used as a part of a process operation or combination of process operations which does not effect a physical or chemical change in the material or in an article, such as, but not limited to, conveyors, elevators, feeders or weighers.

"Physically connected" means any combination of process operations connected by materials handling equipment and designed for simultaneous complementary operation.

"Process operations" means any method, from, action, operation or treatment of manufacturing or processing, including any storage or handling of materials or products before, during or after manufacturing or processing.

"Process unit" means any step in a manufacturing or process operation which results in the emission of pollutants to the atmosphere.

"Process weight" means total weight of all materials introduced into any process unit which may cause any emission of pollutants. Process weight includes solid fuels charged, but does not include liquid and gaseous fuels charged or combustion air for all fuels.

"Process weight rate" means a rate established as follows:

(1) For continuous or long-run steady-state process operations, the total process weight for the entire period of continuous operation or for a typical portion of it, divided by the number of hours of such period or portion of it.

(2) For cyclical or batch process operations, the total weight for a period that covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during such a period.

"Production rate" means the weight of final product obtained per hour of operation. If the rate of product going to storage can vary, the production rate shall be determined by calculation from the feed rates of raw material.

C. Interpretation of standards.

1. The total process weight rate for each individual process unit at a plant or premises shall be used for determining the maximum allowable emission rate of particulate that passes through a stack or stacks.

2. Unless otherwise specified, the allowable particulate mass emission rate shall be determined for individual units of equipment.

3. Unless otherwise specified or unless an equation is provided, the particulate emission limit above the maximum process weight rate shall be determined by linear interpolation. For interpolation between two values on a process weight rate table the following equation should be used:

E = [EG - EL]

P - PL

+ EL

PG - PL

where: E = emission rate being calculated.

EL = emission rate for PL as determined from the process weight rate table.

EG = emission rate for PG as determined from the process weight rate table.

P = process weight rate of the unit.

PL = process weight rate in the process weight rate table which is closest to but less than the process weight rate of the unit.

PG = process weight rate listed in the process weight rate table which is closest to but greater than the process weight rate of the unit.

4. Where the nature of any process or design of any equipment is such as to permit more than one interpretation of a regulation, the interpretation that results in the minimum value for allowable emissions shall apply.

5. The following are examples that illustrate how the requirements apply to similar units manifolded to a common stack and a number of process units that are combined in a row. (For the purposes of this illustration an emission rate of 0.551 pounds per hour for a process weight rate of 100 pounds per hour was used.)

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997.

9VAC5-40-30. Emission testing.

A. Emission tests for existing sources shall be conducted and reported, and data shall be reduced as set forth in this chapter and in the appropriate reference methods unless the board (i) specifies or approves, in specific cases, the use of a reference method with minor changes in methodology; (ii) approves the use of an equivalent method; (iii) approves the use of an alternative method the results of which the board has determined to be adequate for indicating whether a specific source is in compliance; (iv) waives the requirement for emission tests because the owner of a source has demonstrated by other means to the board's satisfaction that the affected facility is in compliance with the standard; or (v) approves shorter sampling times and smaller sample volumes when necessitated by process variables or other factors. In cases where no appropriate reference method exists for an existing source subject to an emission standard for volatile organic compounds, the applicable test method in 9VAC5-20-121 may be considered appropriate.

B. Emission testing for existing sources shall be subject to testing guidelines approved by the board. Procedures may be adjusted or changed by the board to suit specific sampling conditions or needs based upon good practice, judgement and experience. When such tests are adjusted, consideration shall be given to the effect of such change on established emission standards. Tests shall be performed under the direction of persons whose qualifications are acceptable to the board.

C. Emission tests for existing sources shall be conducted under conditions which the board shall specify to the owner, based on representative performance of the source. The owner shall make available to the board such records as may be necessary to determine the conditions of the emission tests. Operations during periods of startup, shutdown and malfunction shall not constitute representative conditions for the purpose of an emission test. During the initial emission test, emissions in excess of the level of the applicable emission limit during periods of startup, shutdown, and malfunction shall not be considered a violation of the applicable emission limit unless otherwise specified in the applicable standard.

D. An owner may request that the board determine the opacity of emissions from an existing source during the emission tests required by this section.

E. Each emission test for an existing source shall consist of three separate runs using the applicable test method. Each run shall be conducted for the time and under the conditions acceptable to the board. For the purpose of determining compliance with an applicable standard, the arithmetic mean of the results of the three runs shall apply. In the event that a sample is accidentally lost, or if conditions occur in which one of the three runs must be discontinued because of forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions or other circumstances beyond the owner's control, compliance may, upon the approval of the board, be determined using the arithmetic mean of the results of the two other runs.

F. The board may test emissions of air pollutants from any existing source. Upon request of the board the owner shall provide, or cause to be provided, emission testing facilities as follows:

1. Sampling ports adequate for test methods applicable to such source. This includes (i) constructing the air pollution control system such that volumetric flow rates and pollutant emission rates can be accurately determined by applicable test methods and procedures and (ii) providing a stack or duct with acceptable flow characteristics during emission tests, as demonstrated by applicable test methods and procedures.

2. Safe sampling platforms.

3. Safe access to sampling platforms.

4. Utilities for sampling and testing equipment.

G. Upon request of the board the owner of any existing source subject to the provisions of this chapter shall conduct emission tests in accordance with procedures approved by the board.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-03, eff. July 1, 1991; amended, Virginia Register Volume 18, Issue 21, eff. August 1, 2002.

9VAC5-40-40. Monitoring.

A. Unless otherwise approved by the board, owners of existing sources specified in the applicable emission standard shall install, calibrate, maintain and operate systems for continuously monitoring and recording emissions of specified pollutants. However, nothing in this chapter shall exempt any owner from complying with subsection F of this section.

B. All continuous monitoring systems and monitoring devices shall be installed and operational by July 5, 1983. Verification of operational status shall, as a minimum, consist of the completion of the conditioning period specified by applicable requirements in Appendix B of 40 CFR Part 60.

C. Within 30 days after the date set forth in subsection B of this section and at such other times as may be requested by the board, the owner of any existing source shall conduct continuous monitoring system performance evaluations and furnish the board within 60 days of them two or, upon request, more copies of a written report of the results of such tests.

D. Unless otherwise approved by the board, all continuous monitoring systems required by subsection A of this section shall be installed, calibrated, maintained and operated in accordance with applicable requirements in this section, 9VAC5-40-41, and the applicable emission standard.

E. After receipt and consideration of written application, the board may approve alternatives to any monitoring procedures or requirements of this chapter including, but not limited to, the following:

1. Alternative monitoring requirements when installation of a continuous monitoring system or monitoring device specified by this chapter would not provide accurate measurements due to liquid water or other interferences caused by substances within the effluent gases.

2. Alternative monitoring requirements when the source is infrequently operated.

3. Alternative monitoring requirements to accommodate continuous monitoring systems that require additional measurements to correct for stack moisture conditions.

4. Alternative locations for installing continuous monitoring systems or monitoring devices when the owner can demonstrate the installation at alternate locations will enable accurate and representative measurements.

5. Alternative methods of converting pollutant concentration measurements to units of the standards.

6. Alternative procedures for computing emission averages that do not require integration of data (e.g., some facilities may demonstrate that the variability of their emissions is sufficiently small to allow accurate reduction of data based upon computing averages from equally spaced data points over the averaging period).

7. Alternative monitoring requirements when the effluent from a single source or the combined effluent from two or more sources are released to the atmosphere through more than one point.

8. Alternative procedures for performing calibration checks.

9. Alternative monitoring requirements when the requirements of this section would impose an extreme economic burden on the owner.

10. Alternative monitoring requirements when the continuous monitoring systems cannot be installed due to physical limitations at the source.

11. Alternative continuous monitoring systems that do not meet the design or performance requirements in Performance Specification 1 of Appendix B of 40 CFR Part 60, but which adequately demonstrate a definite and consistent relationship between its measurements and the measurements of opacity by a system complying with the requirements in Performance Specification 1 of Appendix B of 40 CFR Part 60. The board may require that such demonstration be performed for each source.

12. Alternative monitoring systems that meet the requirements of 40 CFR Part 75 (i) if a source is subject to 40 CFR Part 75 or (ii) if the board determines that the requirements of 40 CFR Part 75 are more appropriate for the source than the pertinent provisions of this chapter.

F. Upon request of the board, the owner of an existing source subject to the provisions of this chapter shall install, calibrate, maintain and operate equipment for continuously monitoring and recording emissions or process parameters or both in accordance with methods and procedures acceptable to the board.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-04, eff. July 1, 1991; amended, Virginia Register Volume 18, Issue 21, eff. August 1, 2002.

9VAC5-40-41. Emission monitoring procedures for existing sources.

A. The provisions of this section shall apply to existing sources. These provisions may also apply, at the discretion of the board, to new and modified sources if the source type is not subject to Article 5 (9VAC5-50-400 et seq.) of 9VAC5 Chapter 50.

B. General procedures.

1. Continuous monitoring system performance evaluations shall be conducted in accordance with the requirements and procedures contained in the applicable performance specification in Appendix B of 40 CFR Part 60 as follows:

a. Continuous monitoring systems for measuring opacity of emissions shall comply with performance specification 1.

b. Continuous monitoring systems for measuring nitrogen oxides emissions shall comply with performance specification 2.

c. Continuous monitoring systems for measuring sulfur dioxide emissions shall comply with performance specification 2.

d. Continuous monitoring systems for measuring oxygen content or carbon dioxide content of effluent gases shall comply with performance specification 3.

2. Owners of all continuous monitoring systems installed in accordance with the provisions of this section shall check the zero and span drift at least once daily in accordance with the method prescribed by the manufacturer of such systems unless the manufacturer recommends adjustments at shorter intervals, in which case such recommendations shall be followed. The zero and span shall, as a minimum, be adjusted whenever the 24-hour zero drift or 24-hour calibration drift limits of the applicable performance specifications in Appendix B of 40 CFR Part 60 are exceeded. For continuous monitoring systems measuring opacity of emissions, the optical surfaces exposed to the effluent gases shall be cleaned prior to performing the zero or span drift adjustment except that for systems using automatic zero adjustments, the optical surfaces shall be cleaned when the cumulative automatic zero compensation exceeds 4% opacity. Unless otherwise approved by the board, the following procedures, as applicable, shall be followed:

a. For extractive continuous monitoring systems measuring gases, minimum procedures shall include introducing applicable zero and span gas mixtures into the measurement system as near the probe as is practical. Span and zero gases certified by their manufacturer to be traceable to National Bureau of Standards reference gases shall be used whenever these reference gases are available. The span and zero gas mixtures shall be the same composition as specified in Appendix B of 40 CFR Part 60. Every six months from date of manufacturer, span and zero gases shall be reanalyzed by conducting triplicate analyses with Reference Methods 6 for SO2, 7 for NOX, and 3 for O2 and CO2, respectively. The gases may be analyzed at less frequent intervals if longer shelf lives are guaranteed by the manufacturer.

b. For nonextractive continuous monitoring systems measuring gases, minimum procedures shall include upscale checks using a certified calibration gas cell or test cell which is functionally equivalent to a known gas concentration. The zero check may be performed by computing the zero value from upscale measurements or by mechanically producing zero condition.

c. For continuous monitoring systems measuring opacity of emissions, minimum procedures shall include a method for producing a simulated zero opacity condition and an upscale (span) opacity condition using a certified neutral density filter or other related technique to produce a known obscuration of the light beam. Such procedures shall provide a system check of the analyzer internal optical surfaces and all electronic circuitry including the lamp and photodetector assembly.

3. Except for system breakdowns, repairs, calibration checks, and zero and span adjustments required under subdivision B 2 of this section, all continuous monitoring systems shall be in continuous operation and shall meet minimum frequency of operation requirements as follows:

a. All continuous monitoring systems for measuring opacity of emissions shall complete a minimum of one cycle of sampling and analyzing for each successive 15-second period and one cycle of data recording for each successive six-minute period.

b. All continuous monitoring systems for measuring nitrogen oxides, sulfur dioxide, carbon dioxide or oxygen shall complete a minimum of one cycle of operation (sampling, analyzing and data recording) for each successive 15-minute period.

4. All continuous monitoring systems or monitoring devices shall be installed such that representative measurements of emissions or process parameters from the affected facility are obtained. Additional procedures for location of continuous monitoring systems contained in the applicable performance specifications in Appendix B of 40 CFR Part 60 shall be used.

5. When the effluents from a single affected facility or two or more affected facilities subject to the same standards are combined before being released to the atmosphere, the owner may install applicable continuous monitoring systems on each effluent or on the combined effluent. When the affected facilities are not subject to the same standards, separate continuous monitoring systems shall be installed on each effluent. When the effluent from one affected facility is released to the atmosphere through more than one point, the owner shall install applicable continuous monitoring systems on each separate effluent unless the installation of fewer systems is approved by the board.

6. Owners of all continuous monitoring systems for measurement of opacity shall reduce all data to six-minute averages for six-minute periods and for systems other than opacity to one-hour averages for one-hour periods. Six-minute opacity averages shall be calculated from 24 or more data points spaced at approximately equal intervals over each six-minute period. For systems other than opacity, one-hour averages shall be computed from four or more date points spaced at approximately equal intervals over each one-hour period. Data recorded during periods of system breakdowns, repairs, calibration checks and zero and span adjustments shall not be included in the data averages computed under this subdivision. An arithmetic or integrated average of all data may be used. The data output of all continuous monitoring systems may be recorded in reduced or nonreduced form (e.g., ppm pollutant and percent O2 of lb or pollutant per million Btu). All excess emissions should be converted into units of the standard using the applicable conversion procedures specified in the applicable standard. After conversion into units of the standard, the data may be rounded to the same number of significant digits used to specify the applicable standard (e.g., rounded to the nearest one percent opacity).

C. Specific procedures. Specific procedures for emission monitoring may be found in the rule covering the source type in question.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997.

9VAC5-40-50. Notification, records and reporting.

A. Any owner of an existing source subject to the provisions of this chapter shall provide written notifications to the board of the following:

1. The date upon which demonstration of the continuous monitoring system performance begins in accordance with 9VAC5-40-40 C. Notification shall be postmarked not less than 30 days prior to such date.

2. The date of any emission test the owner wishes the board to consider in determining compliance with a standard. Notification shall be postmarked not less than 30 days prior to such date.

3. The anticipated date for conducting the opacity observations required by 9VAC5-40-20 G 1. The notification shall also include, if appropriate, a request for the board to provide a visible emissions reader during an emission test. The notification shall be postmarked not less than 30 days prior to such date.

B. Any owner of an existing source subject to the provisions of 9VAC5-40-40 A shall maintain records of the occurrence and duration of any startup, shutdown or malfunction in the operation of such source; any malfunction of the air pollution control equipment; or any periods during which a continuous monitoring system or monitoring device is inoperative.

C. Each owner required to install a continuous monitoring system (CMS) or monitoring device shall submit a written report of excess emissions (as defined in the applicable emission standard) and either a monitoring systems performance report or a summary report form, or both, to the board semiannually, except when (i) more frequent reporting is specifically required by an applicable emission standard or the CMS data are to be used directly for compliance determination, in which case quarterly reports shall be submitted; or (ii) the board, on a case-by-case basis, determines that more frequent reporting is necessary to accurately assess the compliance status of the source. The summary report and form shall meet the requirements of 40 CFR 60.7(d). The frequency of reporting requirements may be reduced as provided in 40 CFR 60.7(e). All reports shall be postmarked by the 30th day following the end of each calendar half (or quarter, as appropriate). Written reports of excess emissions shall include the following information:

1. The magnitude of excess emissions computed in accordance with 9VAC5-40-41 B 6, any conversion factors used, and the date and time of commencement and completion of each period of excess emissions. The process operating time during the reporting period.

2. Specific identification of each period of excess emissions that occurs during startups, shutdowns and malfunctions of the source. The nature and cause of any malfunction (if known), the corrective action taken or preventative measures adopted.

3. The date and time identifying each period during which the continuous monitoring system was inoperative except for zero and span checks and the nature of the system repairs or adjustments.

4. When no excess emissions have occurred or the continuous monitoring systems have not been inoperative, repaired or adjusted, such information shall be stated in the report.

D. Any owner of an existing source subject to the provisions of this chapter shall maintain a file of all measurements, including continuous monitoring system, monitoring device, and emission testing measurements; all continuous monitoring system performance evaluations; all continuous monitoring system or monitoring device calibration checks; adjustments and maintenance performed on these systems or devices; and all other information required by this chapter recorded in a permanent form suitable for inspection. The file shall be retained for at least two years (unless a longer period is specified in the applicable standards) following the date of such measurements, maintenance, reports and records.

E. Any data or information required by the Regulations for the Control and Abatement of Air Pollution, any permit or order of the board, or which the owner wishes the board to consider, to determine compliance with an emission standard shall be recorded or maintained in a time frame consistent with the averaging period of the standard.

F. The owner of a stationary source shall keep records as may be necessary to determine its emissions. Any owner claiming that a facility is exempt from the provisions of the Regulations for the Control and Abatement of Air Pollution shall keep records as may be necessary to demonstrate to the satisfaction of the board its continued exempt status.

G. The owner of an existing source subject to any emission standard in Article 26 (9VAC5-40-3560 et seq.) through Article 36 (9VAC5-40-5060 et seq.) of 9VAC5 Chapter 40 shall maintain records in accordance with the applicable procedure in 9VAC5-20-121.

H. Upon request of the board, the owner of an existing source subject to the provisions of this chapter shall provide notifications and report, revise reports, maintain records or report emission test or monitoring result in a manner and form and using procedures acceptable to board.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-05, eff. July 1, 1991; amended, Virginia Register Volume 18, Issue 21, eff. August 1, 2002.

Part II
Emission Standards

Article 1
Visible Emissions and Fugitive Dust/Emissions (Rule 4‑1)

9VAC5-40-60. Applicability and designation of affected facility.

A. The affected facilities to which the provisions of this article apply are the following:

1. Each source of visible emissions; and

2. Each source of fugitive dust/emissions.

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

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0101, eff. January 1, 1985.

9VAC5-40-70. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words and terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Fugitive dust" means particulate matter composed of soil or other materials, or both, of natural origin. Fugitive dust may include emissions from haul roads, wind erosion of exposed surfaces and storage piles and other activities in which the material is either removed, stored, transported or redistributed.

"Fugitive emissions" means emissions which are generated by industrial or other activities and which do not pass through a stack, chimney, vent or other functionally equivalent opening, but which may escape from openings (such as windows, doors, ill-fitting closures or poorly maintained equipment) or material handling equipment.

"Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background, expressed as a percentage.

"Six-minute period" means any one of the 10 equal parts of one hour or a one-hour period, as may be applicable.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0102, eff. January 1, 1985.

9VAC5-40-80. Standard for visible emissions.

Unless specified otherwise in this part, no owner or other person shall cause or permit to be discharged into the atmosphere from any affected facility any visible emissions which exhibit greater than 20% opacity, except for one six-minute period in any one hour of not more than 60% opacity. Failure to meet the requirements of this section because of the presence of water vapor shall not be a violation of this section.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120‑04‑0103, eff. January 1, 1985.

9VAC5-40-90. Standard for fugitive dust/emissions.

No owner or other person shall cause or permit any materials or property to be handled, transported, stored, used, constructed, altered, repaired or demolished without taking reasonable precautions to prevent particulate matter from becoming airborne. Such reasonable precautions may include, but are not limited to, the following:

1. Use, where possible, of water or chemicals for control of dust in the demolition of existing buildings or structures, construction operations, the grading of roads or the clearing of land.

2. Application of asphalt, water, or suitable chemicals on dirt roads, materials stockpiles and other surfaces which may create airborne dust; the paving of roadways and maintaining them in a clean condition.

3. Installation and use of hoods, fans and fabric filters to enclose and vent the handling of dusty materials. Adequate containment methods shall be employed during sandblasting or other similar operations.

4. Open equipment for conveying or transporting materials likely to create objectionable air pollution when airborne shall be covered or treated in an equally effective manner at all times when in motion.

5. The prompt removal of spilled or tracked dirt or other materials from paved streets and of dried sediments resulting from soil erosion.

Statutory Authority

§ 10.1-1308 of the Code of Virginia and §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from VR120-04-0104, eff. January 1, 1985; amended, Virginia Register Volume 19, Issue 6, eff. February 1, 2003.

9VAC5-40-100. Monitoring.

A. Unless otherwise approved by the board, all continuous monitoring systems required by this article shall be installed, calibrated, maintained and operated in accordance with applicable requirements in 9VAC5-40-40 and 9VAC5-40-41.

B. Each owner required to install a continuous monitoring system shall provide notifications and reports and maintain records and monitoring results in accordance with the requirements of 9VAC5-40-50.

C. In cases where the requirements of 9VAC5-40-40 and 9VAC5-40-41 are not appropriate for a particular source type, the owner shall comply with other procedures acceptable to the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0105, eff. January 1, 1985.

9VAC5-40-110. Test methods and procedures.

The provisions of 9VAC5-40-20 A 2 apply to determine compliance with the standard prescribed in 9VAC5-40-80.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0106, eff. January 1, 1985.

9VAC5-40-120. Waivers.

A. A waiver from the opacity emission limitation in 9VAC5-40-80 may be granted by the director, provided that a technical decision is reached that the plume opacity observations made in accordance with 9VAC5-40-20 and 9VAC5-40-110 are not representative of the pollutant loading of the plume.

B. Upon granting the above waiver, the director shall require one or more alternate source surveillance methods, which may include, but are not limited to, the following:

1. Requiring the owner to install, calibrate, maintain and operate systems for continuously monitoring and recording emissions of specified pollutants in accordance with 9VAC5-40-40 and 9VAC5-40-100.

2. Requiring the owner to conduct, at specified intervals, emission tests for measuring emissions of specified pollutants in accordance with 9VAC5-40-30.

3. Establishing an opacity emission limitation for the facility based on a correlation between tests of visible and other specified pollutant emissions.

C. The waiver may be granted for an indefinite period of time; however, approval may be withdrawn by the director:

1. For failure to adhere to any terms or conditions of the waiver;

2. If the affected facility is found to be in violation of any applicable emission standard; or

3. For failure to conduct or adhere to any alternate source surveillance method required for waiver approval.

Statutory Authority

§ 10.1-1308 of the Code of Virginia and §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from VR120-04-0107, eff. January 1, 1985; amended, Virginia Register Volume 19, Issue 6, eff. February 1, 2003.

Article 2
Emission Standards for Odor (Rule 4‑2)

9VAC5-40-130. Applicability and designation of affected facility.

A. Except as provided in subsection C of this section, the affected facility to which the provisions of this article apply is each facility that emits odor.

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

C. The provisions of this article do not apply to accidental or other infrequent emissions of odors.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120‑04‑0201, eff. January 1, 1985.

9VAC5-40-140. Standard for odor.

No owner or other person shall cause or permit to be discharged into the atmosphere from any affected facility any emissions which cause an odor objectionable to individuals of ordinary sensibility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0203, eff. January 1, 1985.

9VAC5-40-150. Determination of violation.

A. The determination of objectionable odor shall be made after a thorough review of all data or evidence relating to the situation which may be obtained by an investigation directed by the board. As a part of the investigation, the board, at its discretion, may hold a public hearing in accordance with 9VAC5-20-40 A 1 to hear complaints. The investigation may also include use of an odor panel survey and other methods approved by the board, or both.

B. Upon determination that an odor violates 9VAC5-40-140 the owner shall use such measures as approved by the board for the economically and technologically feasible control of odorous emissions.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0204, eff. January 1, 1985.

Article 3
Emission Standards for Toxic Pollutants (Rule 4-3) [Repealed]

Article 3
Emission Standards for Toxic Pollutants (Rule 4-3) [Repealed]

9VAC5-40-160 to 9VAC5-40-230. [Repealed]

Historical Notes

Derived from VR120-04-0301, eff. October 15, 1991; repealed, Virginia Register Volume 18, Issue 14, eff. May 1, 2002.

Article 4
Emission Standards for General Process Operations (Rule 4-4)

9VAC5-40-240. Applicability and designation of affected facility.

A. Except as provided in subsections C and D of this section, the affected facility to which the provisions of this article apply is each process operation, each process gas stream and each combustion installation.

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

C. Exempted from the provisions of this article are the following:

1. Process operations with a process weight rate capacity less than 100 pounds per hour.

2. Any combustion unit using solid fuel with a maximum heat input of less than 350,000 Btu per hour.

3. Any combustion unit using liquid fuel with a maximum heat input of less than 1,000,000 Btu per hour.

4. Any combustion unit using gaseous fuel with a maximum heat input of less than 10,000,000 Btu per hour.

D. The provisions of this article do not apply to a particular pollutant from an affected facility if the affected facility is subject to other emission standards in this chapter covering the same pollutant.

Statutory Authority

§ 10.1-1308 of the Code of Virginia, §§ 110 and 182 of the Clean Air Act, and 40 CFR Part 51.

Historical Notes

Derived from VR120-04-0401, eff. January 1, 1985; amended, Virginia Register Volume 12, Issue 11, eff. April 1, 1996; Volume 18, Issue 4, eff. January 1, 2002; Volume 20, Issue 12, eff. March 24, 2004.

9VAC5-40-250. Definitions.

A. For the purpose of the Regulations for the Control and Abatement of Air Pollution and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined herein shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Combustion installation" means all combustion units within a stationary source in operation prior to October 5, 1979.

"Combustion unit" means any type of stationary equipment in which solid, liquid or gaseous fuels and refuse are burned, including, but not limited to, furnaces, ovens, and kilns.

"Heat input" means the total gross calorific value of all fuels burned.

"Manufacturing operation" means any process operation or combination of physically connected dissimilar process operations which is operated to effect physical or chemical changes or both in an article.

"Materials handling equipment" means any equipment used as a part of a process operation or combination of process operations which does not effect a physical or chemical change in the material or in an article, such as, but not limited to, conveyors, elevators, feeders or weighers.

"Physically connected" means any combination of process operations connected by materials handling equipment and designed for simultaneous complementary operation.

"Process operation" means any method, form, action, operation or treatment of manufacturing or processing, including any storage or handling of materials or products before, during or after manufacturing or processing.

"Process unit" means any step in a manufacturing or process operation which results in the emission of pollutants to the atmosphere.

"Process weight" means total weight of all materials introduced into any process unit which may cause any emission of pollutants. Process weight includes solid fuels charged, but does not include liquid and gaseous fuels charged or combustion air for all fuels.

"Process weight rate" means a rate established as follows:

a. For continuous or long-run steady-state process operations, the total process weight for the entire period of continuous operation or for a typical portion of it, divided by the number of hours of such period or portion of it.

b. For cyclical or batch process operations, the total weight for a period that covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during such a period.

"Rated capacity" means, the capacity as stipulated in the purchase contract for the condition of 100% load, or such other capacities as mutually agreed to by the board and owner using good engineering judgment.

"Total capacity" means with reference to a combustion installation, the sum of the rated capacities (expressed as heat input) of all units of the installation which must be operated simultaneously under conditions of 100% use load.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from VR120-04-0402, eff. July 1, 1991; amended, Virginia Register Volume 12, Issue 11, eff. April 1, 1996; Volume 18, Issue 4, eff. January 1, 2002; Volume 23, Issue 5, eff. December 15, 2006.

9VAC5-40-260. Standard for particulate matter (AQCR 1‑6).

A. No owner or other person shall cause or permit to be discharged into the atmosphere from any process unit any particulate emissions in excess of the limits in Table 4-4A.

Process Weight Rate

Maximum Allowable Emission Rate

Lb/Hr

Tons/Hr

Lb/Hr

100

0.05

0.551

200

0.10

0.877

400

0.20

1.40

600

0.30

1.83

800

0.40

2.22

1000

0.50

2.58

1500

0.75

3.38

2000

1.00

4.10

2500

1.25

4.76

3000

1.50

5.38

3500

1.75

5.96

4000

2.00

6.52

5000

2.50

7.58

6000

3.00

8.56

7000

3.50

9.49

8000

4.00

10.4

9000

4.50

11.2

10000

5.00

12.0

12000

6.00

13.6

16000

8.00

16.5

18000

9.00

17.9

20000

10.00

19.2

30000

15.00

25.2

40000

20.00

30.5

50000

25.00

35.4

60000

30.00

40.0

70000

35.00

41.3

80000

40.00

42.5

90000

45.00

43.6

100000

50.00

44.6

120000

60.00

46.3

140000

70.00

47.8

160000

80.00

49.1

200000

100.00

51.3

1000000

500.00

69.0

2000000

1000.00

77.6

6000000

3000.00

92.7

B. Except as provided in subsections C and D of this section, interpretation of the emission standard in subsection A of this section shall be in accordance with 9VAC5-40-22.

C. Interpolation of the data in Table 4-4A for process weight rates up to 60,000 lb/hr shall be accomplished by use of the following equation:

E = 4.10 P0.67

where:

E = emission rate in lb/hr.

P = process weight rate in tons/hr.

D. Interpolation and extrapolation of the data for process weight rates in excess of 60,000 lb/hr shall be accomplished by use of the following equation:

E = 55.0 P0.11 - 40

where:

E = emission rate in lb/hr.

P = process weight rate in tons/hr.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0403, eff. January 1, 1985.

9VAC5-40-270. Standard for particulate matter (AQCR 7).

A. Noncombustion process operations. No owner or other person shall cause or permit to be discharged into the atmosphere from any process unit any particulate emissions in excess of the limits in Table 4-4B.

TABLE 4-4B

Process Weight Rate

Maximum Allowable Emission Rate

Lb/Hr

Tons/Hr

Lb/Hr

100

0.050

0.46

150

0.075

0.66

200

0.100

0.85

250

0.125

1.03

300

0.150

1.20

350

0.175

1.35

400

0.200

1.50

450

0.225

1.63

500

0.250

1.77

550

0.275

1.85

600

0.300

2.01

650

0.325

2.12

700

0.350

2.24

750

0.375

2.34

800

0.400

2.43

850

0.425

2.53

900

0.450

2.62

950

0.475

2.72

1000

0.500

2.80

1100

0.55

2.97

1200

0.60

3.12

1300

0.65

3.26

1400

0.70

3.40

1500

0.75

3.54

1600

0.80

3.66

1700

0.85

3.79

1800

0.90

3.91

1900

0.95

4.03

2000

1.00

4.14

2100

1.05

4.24

2200

1.10

4.34

2300

1.15

4.44

2400

1.20

4.55

2500

1.25

4.64

2600

1.30

4.74

2700

1.35

4.84

2800

1.40

4.92

2900

1.45

5.02

3000

1.50

5.10

3100

1.55

5.18

3200

1.60

5.27

3300

1.65

5.36

3400

1.70

5.44

3500

1.75

5.52

3600

1.80

5.61

3700

1.85

5.69

3800

1.90

5.77

3900

1.95

5.85

4000

2.00

5.93

4100

2.05

6.01

4200

2.10

6.08

4300

2.15

6.15

4400

2.20

6.22

4500

2.25

6.30

4600

2.30

6.37

4700

2.35

6.45

4800

2.40

6.52

4900

2.45

6.60

5000

2.50

6.67

5500

2.75

7.03

6000

3.00

7.37

6500

3.25

7.71

7000

3.50

8.05

7500

3.75

8.39

8000

4.00

8.71

8500

4.25

9.03

9000

4.50

9.36

9500

4.75

9.67

10000

5.00

10.00

11000

5.50

10.63

12000

6.00

11.28

13000

6.50

11.89

14000

7.00

12.50

15000

7.50

13.13

16000

8.00

13.74

17000

8.50

14.36

18000

9.00

14.97

19000

9.50

15.58

20000

10.00

16.19

30000

15.00

22.22

40000

20.00

28.30

50000

25.00

34.30

60000 or more

30.00 or more

40.00

B. Combustion installations. Interpretation of the emission standard in subsection A of this section shall be in accordance with 9VAC5-40-22.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0404, eff. January 1, 1985.

9VAC5-40-280. Standard for sulfur dioxide.

A. Noncombustion process operations. No owner or other person shall cause or permit to be discharged into the atmosphere from any process operation any sulfur dioxide emissions in excess of an in-stack concentration of 2000 ppm by volume.

B. Combustion installations.

1. No owner or other person shall cause or permit to be discharged into the atmosphere from any combustion installation any sulfur dioxide emissions in excess of the following limits:

a. S = 2.64K (AQCR 1 through 6)

b. S = 1.06K (for liquid or gaseous fuels - AQCR 7)

c. S = 1.52K (for solid fuels - AQCR 7)

where:

S = allowable emission of sulfur dioxide

expressed in lbs/hr.

K = actual heat input at total capacity expressed in Btu X 106 per hour.

2. Where there is more than one unit in a combustion installation and where the installation can be shown, to the satisfaction of the board, to be in compliance when the installation is operating at total capacity, the installation will be deemed to still be in compliance when the installation is operated at reduced load or one or more units are shut down for maintenance or repair, provided that the same type of fuel with the same sulfur content, or an equivalent, is continued in use.

3. For installations in AQCR 7 at which different fossil fuels are burned simultaneously, whether in the same or different units, the allowable emissions shall be determined by proration using the following formula:

PS = K

X(1.06) + Y(1.52)

X + Y

where:

PS = prorated allowable emissions of sulfur dioxide expressed in lb/hr.

X = percentage of actual heat input at total capacity derived from liquid or gaseous fuel.

Y = percentage of actual heat input at total capacity derived from solid fuels.

K = actual heat input at total capacity expressed in Btu X 106 per hour.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0405, eff. January 1, 1985.

9VAC5-40-290. Standard for hydrogen sulfide.

No owner or other person shall cause or permit to be discharged into the atmosphere from any process gas stream any hydrogen sulfide emissions in excess of a concentration greater than 15 grains per 100 cubic feet of gas without burning or removing H2S in excess of this concentration, provided that SO2 emissions in the burning operation meet the requirements of 9VAC5-40-280 A.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0406, eff. January 1, 1985.

9VAC5-40-300 to 9VAC5-40-311. [Repealed]

Historical Notes

Derived from VR120-04-0407, eff. July 1, 1991, VR120-04-0408, eff. July 1, 1991 or Virginia Register Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 9, Issue 5, eff. January 1, 1993; Volume 12, Issue 11, eff. April 1, 1996; Volume 18, Issue 4, eff. January 1, 2002; Volume 19, Issue 17, eff. June 4, 2003; Volume 20, Issue 12, eff. March 24, 2004; Errata 20:15 VA.R. 1498-1504 April 5, 2004; amended, Virginia Register Volume 22, Issue 26, eff. October 4, 2006; repealed, Virginia Register Volume 23, Issue 5, eff. December 15, 2006.

9VAC5-40-320. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0409, eff. January 1, 1985.

9VAC5-40-330. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0410, eff. January 1, 1985.

9VAC5-40-340. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0411, eff. January 1, 1985.

9VAC5-40-350. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0412, eff. January 1, 1985.

9VAC5-40-360. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0413, eff. January 1, 1985.

9VAC5-40-370. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0414, eff. January 1, 1985.

9VAC5-40-380. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0415, eff. January 1, 1985.

9VAC5-40-390. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0416, eff. January 1, 1985.

9VAC5-40-400. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0417, eff. January 1, 1985.

9VAC5-40-410. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0418, eff. January 1, 1985.

9VAC5-40-420. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

6. Operation of a facility.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0419, eff. January 1, 1985; amended, Virginia Register Volume 12, Issue 11, eff. April 1, 1996.

Article 5
Emission Standards for Synthesized Pharmaceutical Products Manufacturing Operations (Rule 4-5)

9VAC5-40-430. Applicability and designation of affected facility.

A. The affected facility to which the provisions of this article apply is each process unit or operation.

B. The provisions of this article apply only to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5-20-206.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0501, eff. July 1, 1991.

9VAC5-40-440. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Condenser" means a device which removes condensable vapors by a reduction in the temperature of the captured gases.

"Production equipment exhaust system" means a device for collecting and directing out of the work area volatile organic compound fugitive emissions from reactor openings, centrifuge openings and other vessel openings for the purpose of protecting workers from excessive volatile organic compound exposure.

"Reactor" means a vessel designed to carry out chemical reactions under controlled conditions.

"Synthesized pharmaceutical products manufacturing" means manufacture of pharmaceutical products by chemical synthesis.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0502, eff. January 1, 1985.

9VAC5-40-450. Standard for volatile organic compounds.

A. Reactors, distillation operations, crystallizers, centrifuges and vacuum dryers.

1. No owner or other person shall use or permit the use of any reactor, distillation operation, crystallizer, centrifuge or vacuum dryer process unit unless such unit is equipped with a vapor control system that will remove, destroy or prevent the discharge into the atmosphere of at least 90% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subsection A 1 of this section by use of methods in 9VAC5-40-460 A and E will be acceptable to the board.

B. Air dryers and production equipment exhaust systems.

1. No owner or other person shall use or permit the use of any air dryer or production equipment exhaust system process unit unless such unit is equipped with a vapor control system that will remove, destroy or prevent the discharge into the atmosphere of at least 90% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subsection B 1 of this section by use of methods in 9VAC5-40-460 B and E will be acceptable to the board.

C. Filling of storage tanks.

1. No owner or other person shall use or permit the use of any stationary storage tank of more than 2,000 gallons capacity for storage of any volatile organic compound unless such tank is equipped with a vapor control system that will remove, destroy or prevent the discharge into the atmosphere of at least 90% by weight of volatile organic compound emissions during the filling of such tank.

2. Achievement of the emission standard in subsection C 1 of this section by use of the methods in 9VAC5-40-460 C and E will be acceptable to the board.

3. The provisions of subsection C of this section shall not be applicable to facilities using volatile organic compounds with a vapor pressure less than 4.1 pounds per square inch absolute at 68°F.

D. Volatile organic compound storage.

1. No owner or other person shall use or permit the use of any tank for storage of volatile organic compounds, unless such tank is equipped with a vapor control system which will remove, destroy or prevent the discharge into the atmosphere of at least 90% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subsection D 1 of this section by use of control methods in 9VAC5-40-460 D and E will be acceptable to the board.

3. The provisions of subsection D of this section shall not be applicable to facilities using volatile organic compounds with a vapor pressure less than 1.5 pounds per square inch absolute at 68°F.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0503, eff. July 1, 1991.

9VAC5-40-460. Control technology guidelines.

A. Reactors, distillation operations, crystallizers, centrifuges and vacuum dryers. The control system should consist of one of the following:

1. Surface condensation system with an outlet temperature not greater than:

a. -13°F when condensing volatile organic compounds of vapor pressure greater than 5.8 psi;

b. 5°F when condensing volatile organic compounds of vapor pressure greater than 2.9 psi;

c. 32°F when condensing volatile organic compounds of vapor pressure greater than 1.5 psi;

d. 50°F when condensing volatile organic compounds of vapor pressure greater than 1.0 psi; or

e. 77°F when condensing volatile organic compounds of vapor pressure greater than 0.5 psi.

2. Any system of equal or greater control efficiency when compared to the standard in 9VAC5-40-450 A 1, provided such system is approved by the board.

B. Air dryers and production equipment exhaust systems. The control system should consist of one of the following:

1. Condensation system.

2. Wet scrubbing system.

3. Carbon adsorption system.

4. Incineration.

5. Any system of equal or greater control efficiency when compared to the standard in 9VAC5-40-450 B 1, provided such system is approved by the board.

C. Filling of storage tanks. The tank should be a pressure tank maintaining working pressure sufficient at all times to prevent vapor loss to the atmosphere, or be designed and equipped with one of the following vapor control systems:

1. A submerged fill pipe.

2. A vapor control system with the vapor recovery portion consisting of one of the following:

a. A vapor tight return line from the storage container to the tank truck which shall be connected before liquids are transferred into the container.

b. Any adsorption system or condensation system.

3. A vapor control system with the vapor balance portion meeting the following criteria:

a. There should be no leaks in the tank trucks' pressure vacuum relief valves and hatch covers, nor truck tanks, storage tanks and associated vapor return lines during loading or unloading operations.

b. The pressure relief valves on storage containers and tank trucks should be set to release at no less than 0.7 psi or the highest possible pressure in accordance with the following National Fire Prevention Association Standards: "Standard for Tank Vehicles for Flammable and Combustible Liquids," "Flammable and Combustible Liquids Code, "Code for Motor Fuel Dispensing Facilities and Repair Garages" (see 9VAC5-20-21).

c. Pressure in the vapor collection lines should not exceed tank truck pressure relief valve settings.

d. All loading and vapor lines should be equipped with fittings which make vapor tight connections and which close when disconnected.

4. Any system of equal or greater control efficiency when compared to the standard in 9VAC5-40-450 C 1, provided such system is approved by the board.

D. Volatile organic compound storage.

1. The tank should be a pressure tank maintaining working pressure sufficient at all times to prevent vapor loss to the atmosphere, or be designed and equipped with one of the following vapor control systems:

a. Use of pressure/vacuum conservation vent set at + or %68 .030 psi.

b. Vent condensation system.

c. Carbon adsorption system.

d. An internal floating roof resting on the surface of the liquid contents and equipped with a closure seal, or seals, to close the space between the roof edge and tank shell. All tank gauging and sampling devices should be vapor tight except when gauging or sampling is taking place.

e. Any system of equal or greater control efficiency when compared to the standard in 9VAC5-40-450 D 1, provided such system is approved by the board.

2. There should be no visible holes, tears or other openings in the seal or any seal fabric.

3. All openings, except stub drains, should be equipped with a cover, seal or lid. The cover, seal or lid should be in a closed position at all times except when the device is in actual use. Automatic bleeder vents should be closed at all times except when the roof is floated off or landed on the roof leg supports. Rim vents, if provided, should be set to open when the roof is being floated off the roof leg supports or at the manufacturer's recommended setting.

4. The exterior aboveground surfaces (exposed to sunlight) should be painted white, light pastels or light metallic and such exterior paint should be periodically maintained in good condition. Repainting may be performed during normal maintenance periods.

E. General.

1. All centrifuges containing volatile organic compounds, rotary vacuum filters processing liquids containing volatile organic compounds and any other filters having an exposed liquid surface where the liquid contains volatile organic compounds should be enclosed. This applies to liquids exerting a total volatile organic compound vapor pressure of 0.5 psi or more at 68°F.

2. All in-process tanks should have covers. Covers should be closed when possible.

3. For liquids containing volatile organic compounds, all leaks in which liquids can be observed to be running or dripping from vessels and equipment (for example: pumps, valves, flanges) should be repaired as soon as is practical.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0504, eff. July 1, 1991; amended, Virginia Register Volume 18, Issue 7, eff. February 1, 2002.

9VAC5-40-470. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0505, eff. January 1, 1985.

9VAC5-40-480. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0506, eff. January 1, 1985.

9VAC5-40-490. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0507, eff. January 1, 1985.

9VAC5-40-500. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0508, eff. January 1, 1985.

9VAC5-40-510. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0509, eff. January 1, 1985.

9VAC5-40-520. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0510, eff. January 1, 1985.

9VAC5-40-530. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0511, eff. January 1, 1985.

9VAC5-40-540. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0512, eff. January 1, 1985.

9VAC5-40-550. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0513, eff. January 1, 1985.

9VAC5-40-560. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0514, eff. January 1, 1985.

9VAC5-40-570. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0515, eff. January 1, 1985.

Article 6
Emission Standards for Rubber Tire Manufacturing Operations (Rule 4-6)

9VAC5-40-580. Applicability and designation of affected facility.

A. The affected facility to which the provisions of this article apply is each process unit or operation.

B. The provisions of this article apply only to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5-20-206.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0601, eff. July 1, 1991.

9VAC5-40-590. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Bead dipping" means the dipping of an assembled tire bead into a solvent based cement.

"Green tires" means assembled tires before molding and curing have occurred.

"Green tire spraying" means the spraying of green tires, both inside and outside, with release compounds which help remove air from the tire during molding and prevent the tire from sticking to the mold after curing.

"Pneumatic rubber tire manufacture" means the production of passenger car tires, light and medium truck tires, and other tires manufactured on assembly lines using automated equipment.

"Tread end cementing" means the application of a solvent based cement to the tire tread ends.

"Undertread cementing" means the application of a solvent based cement to the underside of a tire tread.

"Water based sprays" means release compounds, sprayed on the inside and outside of green tires, in which solids, water and emulsifiers have been substituted for all organic solvents.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0602, eff. January 1, 1985.

9VAC5-40-600. Standard for volatile organic compounds.

A. Undertread cementing.

1. No owner or other person shall use or permit the use of any undertread cementing process unit unless such unit is equipped with a vapor control system that will remove, destroy or prevent the discharge into the atmosphere of at least 85% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subsection A 1 of this section by use of methods in 9VAC5-40-610 A will be acceptable to the board.

B. Tread end cementing.

1. No owner or other person shall use or permit the use of any tread end cementing process unit unless such unit is equipped with a vapor control system that will remove, destroy or prevent the discharge into the atmosphere of at least 85% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subsection B 1 of this section by use of methods in 9VAC5-40-610 A will be acceptable to the board.

C. Bead dipping.

1. No owner or other person shall use or permit the use of any bead dipping process unit unless such unit is equipped with a vapor control system that will remove, destroy or prevent the discharge into the atmosphere of at least 85% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subsection C 1 of this section by use of methods in 9VAC5-40-610 A will be acceptable to the board.

D. Green tire spraying.

1. No owner or other person shall use or permit the use of any green tire spraying operation unless such vapor control methods are applied that will remove, destroy or prevent the discharge into the atmosphere of at least 95% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subsection D 1 of this section by use of methods in 9VAC5-40-610 B will be acceptable to the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0603, eff. July 1, 1991.

9VAC5-40-610. Control technology guidelines.

A. Undertread cementing, tread end cementing and bead dipping. The control system should consist of one of the following:

1. Carbon adsorption system.

2. Incineration system.

3. Any system of equal or greater control efficiency when compared to the standard in 9VAC5-40-600 A 1, B 1, or C 1 as applicable, provided such system is approved by the board.

B. Green tire spraying. The control method should consist of one of the following:

1. Use of water based sprays;

2. Carbon adsorption;

3. Incineration; or

4. Any method of equal or greater control efficiency when compared to the standard in 9VAC5-40-600 D 1, of this section, provided such method is approved by the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0604, eff. July 1, 1991.

9VAC5-40-620. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0605, eff. January 1, 1985.

9VAC5-40-630. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0606, eff. January 1, 1985.

9VAC5-40-640. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0607, eff. January 1, 1985.

9VAC5-40-650. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0608, eff. January 1, 1985.

9VAC5-40-660. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0609, eff. January 1, 1985.

9VAC5-40-670. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0610, eff. January 1, 1985.

9VAC5-40-680. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0611, eff. January 1, 1985.

9VAC5-40-690. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0612, eff. January 1, 1985.

9VAC5-40-700. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0613, eff. January 1, 1985.

9VAC5-40-710. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0614, eff. January 1, 1985.

9VAC5-40-720. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0615, eff. January 1, 1985.

Article 7
Emission Standards for Incinerators (Rule 4-7)

9VAC5-40-730. Applicability and designation of affected facility.

A. The affected facility to which the provisions of this article apply is each incinerator.

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

C. The provisions of this article do not apply to facilities that are designed as boilers to produce steam or heated water and are designed to burn either fossil fuel or refuse derived fuel. It does apply to such facilities if designed to burn raw refuse.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0701, eff. January 1, 1985.

9VAC5-40-740. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Incinerator" means any furnace or device used in the process of burning waste for the primary purpose of destroying matter or reducing the volume, or both, of the waste by removing combustible matter.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0702, eff. January 1, 1985.

9VAC5-40-750. Standard for particulate matter.

No owner or other person shall cause or permit to be discharged into the atmosphere from any incinerator any particulate emissions in excess of .14 grains per standard cubic foot of dry flue gas corrected to 12% carbon dioxide (without the contribution of auxiliary fuel).

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0703, eff. January 1, 1985.

9VAC5-40-760. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0704, eff. January 1, 1985.

9VAC5-40-770. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0705, eff. January 1, 1985.

9VAC5-40-780. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0706, eff. January 1, 1985.

9VAC5-40-790. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0707, eff. January 1, 1985.

9VAC5-40-800. Prohibition of flue-fed incinerators.

Incinerators which use the same flue for feeding the refuse and discharging the gases of combustion are prohibited.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0708, eff. January 1, 1985.

9VAC5-40-810. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0709, eff. January 1, 1985.

9VAC5-40-820. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0710, eff. January 1, 1985.

9VAC5-40-830. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0711, eff. January 1, 1985.

9VAC5-40-840. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0712, eff. January 1, 1985.

9VAC5-40-850. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0713, eff. January 1, 1985.

9VAC5-40-860. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0714, eff. January 1, 1985.

9VAC5-40-870. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0715, eff. January 1, 1985.

Article 8
Emission Standards for Fuel Burning Equipment (Rule 4-8)

9VAC5-40-880. Applicability and designation of affected facility.

A. Except as provided in subsections C, D, and E of this section, the affected facility to which provisions of this article apply is fuel burning equipment.

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

C. Exempted from the provisions of this article are the following:

1. Any fuel burning equipment unit using solid fuel with a maximum heat input of less than 350,000 Btu per hour.

2. Any fuel burning equipment unit using liquid fuel (exclusive of coal slurry mixtures) with a maximum input of less than 1,000,000 Btu per hour.

3. Any fuel burning equipment unit using gaseous fuel with a maximum heat input of less than 10,000,000 Btu per hour.

D. The provisions of this article do not apply to fuel burning equipment units that power mobile sources but are removed for maintenance or repair and testing.

E. The provisions of this article do not apply to stationary internal combustion engines.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0801, eff. January 1, 1985; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999.

9VAC5-40-890. Definitions.

A. For the purpose of the Regulations for the Control and Abatement of Air Pollution and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Capacity factor" means the ratio of the average load on a machine or equipment for the period of time considered to the capacity rating of the machine or equipment.

"Fossil-fuel fired steam generator" means furnace or boiler, or both, used in the process of burning fossil fuel for the primary purpose of providing steam by heat transfer.

"Fuel burning equipment" means any furnace, with fuel burning equipment appurtenances thereto, used in the process of burning fuel for the primary purpose of producing heat to be utilized by indirect heat transfer, or by indirect production of power. This includes facilities that are designed as boilers to produce steam or heated water and are designed to burn either fossil fuel or refuse derived fuel. It does not include such facilities if designed primarily to burn raw refuse. This includes fuel burning equipment units (both permanently installed units and portable units) used to replace the power used by mobile sources. For the purposes of this article, stationary combustion turbines are considered to be fuel burning equipment.

"Fuel burning equipment installation" means all fuel burning equipment units within a stationary source in operation prior to October 5, 1979.

"Heat input" means the total gross calorific value of all fuels burned.

"Rated capacity" means the capacity as stipulated in the purchase contract for the condition of 100% load, or such other capacities as mutually agreed to by the board and owner using good engineering judgment.

"Refuse derived fuel (RDF)" means fuel produced from solid or liquid waste (includes materials customarily referred to as refuse and other discarded materials), or both, which has been segregated and classified, with the useable portions being put through a size reduction and classification process which results in a relatively homogeneous mixture.

"Stationary combustion turbine" means any air-breathing internal combustion engine consisting of an air compressor, combustion chamber, and a turbine wheel.

"Stationary internal combustion engine" means an engine in which fuel is burned within a machine in which energy is converted directly into mechanical motion or work. The energy is used directly for the production of power, locomotion or work. Internal combustion engines include, but are not limited to, diesel engines, gasoline engines, and diesel pumps. For the purposes of this article, stationary combustion turbines are not considered to be stationary internal combustion engines.

"Total capacity" means with reference to a fuel burning equipment installation, the sum of the rated capacities (expressed as heat input) of all units of the installation which must be operated simultaneously under conditions of 100% use load.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0802, eff. January 1, 1985; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999; Volume 18, Issue 4, eff. January 1, 2002.

9VAC5-40-900. Standard for particulate matter.

A. Fuel burning equipment installations.

No owner or other person shall cause or permit to be discharged into the atmosphere from any fuel burning equipment installation any gaseous products of combustion containing particulate emissions in excess of the following limits.

1. In AQCR 1 through 6.

a. For fuel burning equipment installations with total capacity less than 10 million (10 X 106) Btu per hour, the maximum allowable emission ratio shall be 0.6 pounds of particulate per million Btu input.

b. For fuel burning equipment installations with total capacity between 10 million (10 X 106) and 10 billion (10,000 X 106) Btu per hour, the maximum allowable emission ration, E, in pounds of particulate per million Btu input, shall be determined by the following equation: E = 1.0906H-0.2594, where H is the total capacity in millions of Btu per hour.

c. For fuel burning equipment installations with total capacity in excess of 10 billion (10,000 X 106) Btu per hour, the maximum allowable emission ratio shall be 0.1 pounds of particulate per million Btu input.

2. In AQCR 7.

a. For fuel burning equipment installations with total capacity less than 100 million (100 X 106) Btu per hour, the maximum allowable emission ratio shall be 0.3 pounds of particulate per million Btu input.

b. For fuel burning equipment installations with total capacity between 100 million (100 X 106) and 10 billion (10,000 X 106) Btu per hour, the maximum allowable emission ratio, E, in pounds of particulate per million Btu input, shall be determined by the following equation: E = .9000H-0.2386, where H is the total capacity in millions of Btu per hour.

c. For fuel burning equipment installations with total capacity in excess of 10 billion (10,000 X 106) Btu per hour, the maximum allowable emission ratio shall be 0.1 pounds of particulate per million Btu input.

B. Fuel burning equipment units.

1. The maximum allowable particulate emissions for each fuel burning equipment unit shall be the product of the rated capacity and the emission ratio (determined in accordance with subsection A of this section).

2. The allowable particulate emissions for each fuel burning equipment unit when operating at less than rated capacity shall be the product of the emission ratio, actual heat input and efficiency factor for the collection equipment. The efficiency factor for the collection equipment of each unit shall be determined using procedures set forth in 9VAC5-40-920.

3. For fuel burning equipment installations consisting of multiple fuel burning equipment units, except where all of the units burn liquid or gaseous fuels, or both, exclusively, the maximum allowable particulate emissions for each unit may be determined as provided in 9VAC5-40-910.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0803, eff. January 1, 1985; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999.

9VAC5-40-910. Emission allocation system.

A. This section applies only to fuel burning equipment installations consisting of multiple fuel burning equipment units which do not burn liquid or gaseous fuels, or both, exclusively.

B. The maximum allowable particulate emissions for a fuel burning equipment installation shall be the product of the total capacity and the emission ratio (determined in accordance with 9VAC5-40-900 A).

C. The allowable particulate emissions for a fuel burning equipment installation when operating at less than total capacity, shall be the product of the percent load, emission allocation and efficiency factor for the collection equipment. The percent load shall be the quotient of the actual load and the rated capacity. The efficiency factor for the collection equipment of each unit shall be determined using procedures set forth in 9VAC5-40-920. The emission allocation shall be determined using procedures set forth in subsection D of this section.

D. The emission allocation for each of the fuel burning equipment units of the fuel burning equipment installation shall be its designated portion of the maximum allowable particulate emissions from the fuel burning equipment installation when operating at total capacity. The portions shall be proposed by the owner initially and determined in a manner mutually acceptable to the board and the owner. Once accepted by the board, the portions may not be changed without the consent of the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0804, eff. January 1, 1985.

9VAC5-40-920. Determination of collection equipment efficiency factor.

The efficiency factor for the collection equipment shall be established as follows:

1. For all collection equipment, except mechanical collectors, the efficiency factor shall be 1.0.

2. For mechanical collectors, the efficiency factor shall be the quotient of the design efficiency of the collector at rated capacity and the actual efficiency of the collector at the reduced actual load. The actual efficiency shall be the product of the design efficiency and the correction factor where:

Correction Factor =

1 + log10 (actual load)

1 + log10 (rated capacity)

3. For collection equipment where the owner does not wish to accept the efficiency factor established by subdivision 1 or 2 of this section, the owner may provide information and data as a substitute. Such information and data may be emissions test results or other conclusive evidence. If such information and data is found acceptable by the board, it may be used to establish the efficiency factor for the collection equipment.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0805, eff. January 1, 1985.

9VAC5-40-930. Standard for sulfur dioxide.

A. No owner or other person shall cause or permit to be discharged into the atmosphere from any fuel burning equipment installation any sulfur dioxide emissions in excess of the following limits:

1. S = 2.64K (AQCR 1 through 6).

2. S = 1.06K (for liquid or gaseous fuels - AQCR 7).

3. S = 1.52K (for solid fuels - AQCR 7).

where:

S = allowable emission of sulfur dioxide expressed in pounds per hour.

K = heat input at total capacity expressed in Btu X 106 per hour.

B. Where there is one or more units in a fuel burning equipment installation and where the installation can be shown, to the satisfaction of the board, to be in compliance when the installation is operating at total capacity, the installation will be deemed to still be in compliance when the installation is operated at reduced load or one or more units are shut down for maintenance or repair, provided that the same type of fuel with the same sulfur content, or an equivalent, is continued in use.

C. For installations in AQCR 7 at which different fossil fuels are burned simultaneously, whether in the same or different units, the allowable emissions shall be determined by proration using the following formula:

where

PS = prorated allowable emissions of sulfur dioxide expressed in pounds per hour.

X = percentage of heat input at total capacity derived from liquid or gaseous fuel.

Y = percentage of heat input at total capacity derived from solid fuels.

K = heat input at total capacity expressed in Btu x 106 per hour.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0806, eff. January 1, 1985.

9VAC5-40-940. Standard for visible emissions.

A. The provisions of Article 1 (9VAC5-40-60 et seq.) of this part (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply except that the provisions in subsection B of this section apply instead of 9VAC5-40-80 A.

B. No owner or other person shall cause or permit to be discharged into the atmosphere from any fuel burning equipment unit any visible emissions which exhibit greater than 20% opacity, except for one, six-minute period in any one hour of not more than 60% opacity. Failure to meet the requirements of this section because of the presence of water vapor shall not be a violation of this section.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0807, eff. January 1, 1985; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999.

9VAC5-40-950. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0808, eff. January 1, 1985.

9VAC5-40-960. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0809, eff. January 1, 1985.

9VAC5-40-970. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0810, eff. January 1, 1985.

9VAC5-40-980. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0811, eff. January 1, 1985.

9VAC5-40-990. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0812, eff. January 1, 1985.

9VAC5-40-1000. Monitoring.

A. The provisions of 9VAC5-40-40 (Monitoring) apply.

B. Unless otherwise approved by the board, owners of fossil-fuel fired steam generators specified in subsection C of this section shall install, calibrate, maintain and operate systems for continuously monitoring and recording specified emissions in accordance with 9VAC5-40-40 and 9VAC5-40-41.

C. Fossil-fuel fired steam generators of greater than 250 million Btu per hour maximum heat input with an annual average capacity factor of greater than 30% (as reported to the Federal Power Commission for calendar year 1974, or as otherwise demonstrated to the board by the owner) shall be monitored for opacity except where:

1. Gaseous fuel is the only fuel burned, or

2. Oil or a mixture of gas and oil are the only fuels burned and the facility is able to comply with applicable particulate matter and visible emission standards without utilization of particulate matter collection equipment, and where the facility has never been found, through any administrative or judicial proceedings, to be in violation of any visible emission standard.

D. The continuous monitoring system shall be spanned at 80, 90 or 100% opacity.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0813, eff. January 1, 1985.

9VAC5-40-1010. Notification, records and reporting.

A. The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

B. For the purpose of reports required under 9VAC5-40-50 C periods of excess emissions that shall be reported are defined as any one-hour period during which there are two or more six-minute periods when the average opacity exceeds 20%.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0814, eff. January 1, 1985.

9VAC5-40-1020. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0815, eff. January 1, 1985.

9VAC5-40-1030. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0816, eff. January 1, 1985.

9VAC5-40-1040. Permits.

A permit may be required prior to beginning any of the activities specified below if the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) apply. Owners contemplating such action should review those provisions and contact the appropriate regional office for guidance on whether those provisions apply.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

6. Operation of a facility.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0817, eff. January 1, 1985; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999.

Article 9
Emission Standards for Coke Ovens (Rule 4-9)

9VAC5-40-1050. Applicability and designation of affected facility.

A. The affected facilities in coke plants to which the provisions of this article apply are: horizontal slot sole-flue nonrecovery ovens and horizontal slot nonrecovery ovens.

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

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0901, eff. January 1, 1985.

9VAC5-40-1060. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Charging" means the process by which coal is introduced into a coke oven beginning when coal enters the oven and ending when the door is closed.

"Coking" means the process by which coal is converted to coke by means of destructive distillation using heat.

"Pushing" means the process by which coke is removed from a coke oven, including the period marked by the time when the doors are first removed from a coke oven until quench water is applied to the hot coke.

"Quenching" means the process by which the combustion of hot coke is stopped by application of water or any other procedure achieving the same affect.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0902, eff. January 1, 1985.

9VAC5-40-1070. Standard for particulate matter.

A. No owner or other person shall cause or permit to be discharged into the atmosphere from any horizontal slot sole-flue nonrecovery oven any particulate emissions from coking, charging and pushing operations in excess of a combined total of 0.15 pounds of particulate/hour/ton of coal, as charged.

B. No owner or other person shall cause or permit to be discharged into the atmosphere from any horizontal slot nonrecovery oven any particulate emissions from coking, charging and pushing operations in excess of a combined total of 0.13 pounds of particulate/hour/ton of coal, as charged.

C. No owner or other person shall cause or permit to be discharged into the atmosphere from any affected facility during the quenching operation any particulate emissions in excess of that resultant from use of a quench tower incorporating state-of-the-art engineering design.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0903, eff. January 1, 1985.

9VAC5-40-1080. Standard for sulfur dioxide.

No owner or other person shall cause or permit to be discharged into the atmosphere from any affected facility any sulfur dioxide emissions in excess of the following limit:

S = 2.64K

where:

S = allowable emission of sulfur dioxide expressed in pounds per hour.

K = actual heat input expressed in Btu X 106 per hour.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0904, eff. January 1, 1985.

9VAC5-40-1090. Standard for visible emissions.

No owner or other person shall cause to be discharged into the atmosphere from any affected facility any visible emissions in excess of the following limits:

1. The limits in 9VAC5-40-80 during the coking operation.

2. An average of 20% opacity from the coke side enclosure during the pushing operation.

3. An average of 20% opacity during the charging operation.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0905, eff. January 1, 1985.

9VAC5-40-1100. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0906, eff. January 1, 1985.

9VAC5-40-1110. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0907, eff. January 1, 1985.

9VAC5-40-1120. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0908, eff. January 1, 1985.

9VAC5-40-1130. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0909, eff. January 1, 1985.

9VAC5-40-1140. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply, except:

1. Compliance with particulate standards prescribed by 9VAC5-40-1070 A and B shall be determined by three or more emission tests conducted at different times during the total operation of the affected facility. The emission tests and times shall be acceptable to the board.

2. Compliance with opacity standards for fugitive visible emissions prescribed by 9VAC5-40-1090 B and C shall be determined by conducting observations in accordance with the test methods and procedures prescribed in subsections B 1 and 2 of this section.

a. The opacity of coke oven fugitive particulate emissions is determined by an observer, qualified in accordance with Reference Method 9, using the following procedures:

(1) The qualified observer shall, to the extent practicable, stand in a position meeting the guidelines of Reference Method 9. Notwithstanding any Method 9 guideline, the observer shall stand in a safe position with an unobstructed view of the emission source.

(2) Field records shall be in accordance with Reference Method 9.

(3) Each opacity observation shall be made at the point of greatest opacity after the emissions leave the coke oven. Observations shall be recorded at 15 second intervals for the entire duration of the charge or push. Observations which cannot be made due to the interference of another plume or any other obstruction shall be noted with an asterisk.

(4) Recording observations shall be in accordance with Reference Method 9, except that the minimum number of observations shall be determined by the duration of the operation being observed.

(5) Opacity shall be determined as an average of all 15 second observations recorded during either charging or pushing, as appropriate. Opacity of emissions shall be determined individually for each charge or push, and shall not be averaged over more than one coke oven. Missing observations due to interferences shall not affect the opacity determination.

b. All certification and testing requirements are identical to those of Reference Method 9.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0910, eff. January 1, 1985.

9VAC5-40-1150. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0911, eff. January 1, 1985.

9VAC5-40-1160. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0912, eff. January 1, 1985.

9VAC5-40-1170. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0913, eff. January 1, 1985.

9VAC5-40-1180. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0914, eff. January 1, 1985.

9VAC5-40-1190. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0915, eff. January 1, 1985.

Article 10
Emission Standards for Asphalt Concrete Plants (Rule 4-10)

9VAC5-40-1200. Applicability and designation of affected facility.

A. The affected facility to which the provisions of this article apply is each asphalt concrete plant. For the purpose of this article, an asphalt concrete plant is comprised only of any combination of the following: dryers; systems for screening, handling, storing, and weighing aggregate; systems for loading, transferring, and storing mineral filler; systems for mixing asphalt concrete; and the loading, transfer, and storage systems associated with emission control systems.

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

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1001, eff. January 1, 1985.

9VAC5-40-1210. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Asphalt concrete plant" means any facility used to manufacture asphalt concrete by heating and drying aggregate and mixing with asphalt cements.

"Process operation" means any method, form, action, operation or treatment of manufacturing or processing, including any storage or handling of materials or products before, during or after manufacturing or processing.

"Process unit" means any step in a manufacturing or process operation which results in emission of pollutants to the atmosphere.

"Process weight" means total weight of all materials introduced into any process unit which may cause any emission of pollutants. Process weight includes solid fuels charged, but does not include liquid and gaseous fuels charged or combustion air for all fuels.

"Process weight rate" means a rate established as follows:

a. For continuous or long-run steady-state process operations, the total process weight for the entire period of continuous operation or for a typical portion of it, divided by the number of hours of such period or portion of it.

b. For cyclical or batch process operations, the total weight for a period that covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during such a period.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1002, eff. January 1, 1985.

9VAC5-40-1220. Standard for particulate matter.

A. No owner or other person shall cause or permit to be discharged into the atmosphere from any asphalt concrete plant any particulate emissions in excess of the limits in Table 4-10.

TABLE 4-10

Process Weight Rate

Maximum Allowable Emission Rate

Tons/Hr

Lb/Hr

5 or less

10

10

16

15

22

20

28

25

31

50

33

100

37

150

40

200

43

250

47

300 or more

50

B. Interpretation of the emission standard in subsection A of this section shall be in accordance with 9VAC5-40-22.

C. The provisions of this section shall not apply to affected facilities identified in subsection A of this section and located in AQCR 7; however, the provisions of 9VAC5-40-270 shall apply to the facilities.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1003, eff. January 1, 1985.

9VAC5-40-1230. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1004, eff. January 1, 1985.

9VAC5-40-1240. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1005, eff. January 1, 1985.

9VAC5-40-1250. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1006, eff. January 1, 1985.

9VAC5-40-1260. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1007, eff. January 1, 1985.

9VAC5-40-1270. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1008, eff. January 1, 1985.

9VAC5-40-1280. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1009, eff. January 1, 1985.

9VAC5-40-1290. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1010, eff. January 1, 1985.

9VAC5-40-1300. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1011, eff. January 1, 1985.

9VAC5-40-1310. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1012, eff. January 1, 1985.

9VAC5-40-1320. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1013, eff. January 1, 1985.

9VAC5-40-1330. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1014, eff. January 1, 1985.

Article 11
Emission Standards for Petroleum Refinery Operations (Rule 4-11)

9VAC5-40-1340. Applicability and designation of affected facility.

A. The affected facilities in petroleum refineries to which the provisions of this article apply are: each petroleum catalytic cracking unit, each petroleum refinery component, each vacuum producing system, each wastewater separator, and each process unit turnaround.

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

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1101, eff. January 1, 1985.

9VAC5-40-1350. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Condensate" means a hydrocarbon liquid separated from natural gas which condenses due to changes in the temperature or pressure or both and remains liquid at standard conditions.

"Crude oil" means a naturally occurring mixture which consists of any combination of hydrocarbons, sulfur, nitrogen or oxygen derivatives of hydrocarbons and which is a liquid at standard conditions.

"Firebox" means the chamber or compartment of a boiler or furnace in which materials are burned, but does not mean the combustion chamber of an incinerator.

"Gasoline" means any petroleum distillate having a Reid vapor pressure of four pounds per square inch or greater.

"Hot well" means the reservoir of a condensing unit receiving the warm condensate from the condenser.

"Petroleum liquids" means crude oil, condensate, and any finished or intermediate products manufactured or extracted in a petroleum refinery.

"Petroleum refinery" means any facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants or other products through distillation of petroleum or through redistillation, cracking, rearrangement or reforming of unfinished petroleum derivatives.

"Petroleum refinery component" means any petroleum refinery component that could potentially leak volatile organic compounds to the atmosphere. Such components include, but are not limited to, pump seals, compressor seals, seal oil degassing vents, pipeline valves, flanges and other connections, pressure relief devices process drains and open ended pipes.

"Refinery fuel gas" means any gas which is generated by a petroleum refinery process unit and which is combusted, including any gaseous mixture of natural gas and fuel gas.

"Turnaround" means the procedure of shutting a refinery unit down after a run to do necessary maintenance and repair work and putting the unit back on stream.

"Vacuum producing system" means any reciprocating, rotary or centrifugal blower or compressor, or any jet ejector or device that takes suction from a pressure below atmospheric and discharges against atmospheric pressure.

"Wastewater separator" means any single or multiple compartment equipment which is designed to physically separate and remove any volatile organic compound floating on or entrained or contained in water entering such equipment from such water prior to outfall, drainage or recovery of such water.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1102, eff. July 1, 1991.

9VAC5-40-1360. Standard for particulate matter.

No owner or other person shall cause or permit to be discharged into the atmosphere from any petroleum catalytic cracking unit any particulate emissions in excess of 0.05% of the rate of catalyst recirculation within the unit.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1103, eff. January 1, 1985.

9VAC5-40-1370. Standard for sulfur dioxide.

No owner or other person shall cause or permit to be discharged into the atmosphere from any affected facility any sulfur dioxide emissions in excess of an in-stack concentration of 2,000 ppm by volume.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1104, eff. January 1, 1985.

9VAC5-40-1380. Standard for hydrogen sulfide.

No owner or other person shall cause or permit to be discharged into the atmosphere from any refinery process gas stream any hydrogen sulfide emissions in excess of a concentration of 15 grains per 100 cubic feet of gas without burning or removing H2S in excess of this concentration, provided that sulfur dioxide emissions in the burning operation meet the requirements of 9VAC5-40-1370.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1105, eff. January 1, 1985.

9VAC5-40-1390. Standard for volatile organic compounds.

A. Vacuum producing systems.

1. No owner or other person shall use or permit the use of a vacuum producing system unless such system is equipped with a vapor control system that will remove, destroy or prevent the discharge into the atmosphere of at least 95% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subdivision A 1 of this section by use of methods in 9VAC5-40-1400 A will be acceptable to the board.

B. Wastewater separators.

1. No owner or other person shall use or permit the use of any wastewater separator unless such separator is equipped with a vapor control system that will remove, destroy or prevent the discharge into the atmosphere of at least 95% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subdivision B 1 of this section by use of methods in 9VAC5-40-1400 B will be acceptable to the board.

C. Process unit turnarounds.

1. No owner or other person shall conduct or permit the conduct of a process unit turnaround unless such unit is equipped with a vapor control system that will remove, destroy or prevent the discharge into the atmosphere of at least 95% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subdivision C 1 of this section by use of methods in 9VAC5-40-1400 C will be acceptable to the board.

D. The provisions of this section apply only to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5-20-206.

E. The provisions of this section do not apply to sources using petroleum liquids with a vapor pressure less than 1.5 pounds per square inch absolute under actual storage conditions or, in the case of loading or processing, under actual loading or processing conditions. (Kerosene and fuel oil used for household heating have vapor pressures of less than 1.5 pounds per square inch absolute under actual storage conditions; therefore, kerosene and fuel oil are not subject to the provisions of this section when used or stored at ambient temperatures).

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1106, eff. July 1, 1991.

9VAC5-40-1400. Control technology guidelines.

A. Vacuum producing system. The control system should either vent noncondensable vapors to a firebox, incinerator or compress the vapors and add them to the refinery fuel gas. The associated hot wells should be covered and equipped with a vapor control system that incinerates the vapors.

B. Wastewater separators. The control system should consist of one of the following:

1. A solid cover with all openings sealed and totally enclosing the liquid contents of that compartment;

2. A floating pontoon or double-deck type cover, equipped with closure seals to enclose any space between the cover's edge and compartment wall; or

3. Any system of equal or greater control efficiency to the system in subsection B 1 or 2 of this section, provided such system is approved by the board.

C. Process unit turnaround. The units should be depressurized to a flare, fuel gas system or to some other combustion device before being opened for inspection or maintenance. Such units should be depressurized to five psi or below before venting to the atmosphere.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1107, eff. July 1, 1991.

9VAC5-40-1410. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1108, eff. January 1, 1985.

9VAC5-40-1420. Standard for fugitive dust/emissions.

A. The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

B. For petroleum refineries located in volatile organic compound emission control areas designated in 9VAC5-20-206, the following requirements apply:

1. When any petroleum refinery component within the refinery complex is found to be leaking, the owner shall make every reasonable effort to repair the leak within 15 days. A leaking component is defined as one which has a volatile organic compound concentration exceeding 10,000 parts per million (ppm) when testing using procedures acceptable to the board.

2. Compliance with the above emission standard shall be determined based upon monitoring, records and reporting conducted by the owner using procedures acceptable to the board.

3. Any time a valve is located at the end of a pipe or line containing volatile organic compounds, the end of the line shall be sealed with a second valve, a blind flange, a plug or a cap. This sealing device may be removed only when the line is in use (i.e., when a sample is being taken). This requirement does not apply to safety pressure relief valves.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1109, eff. January 1, 1985.

9VAC5-40-1430. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1110, eff. January 1, 1985.

9VAC5-40-1440. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1111, eff. January 1, 1985.

9VAC5-40-1450. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1112, eff. January 1, 1985.

9VAC5-40-1460. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1113, eff. January 1, 1985.

9VAC5-40-1470. Monitoring.

A. The provisions of 9VAC5-40-40 (Monitoring) apply.

B. Unless otherwise approved by the board, owners of process units specified in subsection C of this section shall install, calibrate, maintain and operate systems for continuously monitoring and recording specified emissions in accordance with 9VAC5-40-40 and 9VAC5-40-41.

C. Catalyst regenerators for fluid bed catalytic cracking units of greater than 20,000 barrels per day fresh feed capacity at petroleum refineries shall be monitored for opacity.

D. The continuous monitoring system shall be spanned at 60, 70 or 80% opacity.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1114, eff. January 1, 1985.

9VAC5-40-1480. Notification, records and reporting.

A. The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

B. For the purpose of reports required under 9VAC5-40-50 C, periods of excess emissions that shall be reported are defined as any one-hour period during which there are two or more six-minute periods when the average opacity exceeds 20%.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1115, eff. January 1, 1985.

9VAC5-40-1490. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1116, eff. January 1, 1985.

9VAC5-40-1500. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1117, eff. January 1, 1985.

9VAC5-40-1510. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1118, eff. January 1, 1985.

Article 12
Emission Standards for Chemical Fertilizer Manufacturing Operations

9VAC5-40-1520. Applicability and designation of affected facility.

A. The affected facility to which the provisions of this article apply is each chemical fertilizer manufacturing operation. For the purpose of this article, a chemical fertilizer manufacturing operation is comprised only of any combination of the following: grinders, dryers, coolers and ammoniator-granulators.

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

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1201, eff. January 1, 1985.

9VAC5-40-1530. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Chemical fertilizer" means a compound or mixture, whose chief ingredients are nitrogen, phosphorous, potassium or any combination of these ingredients, which has agronomic value.

"Manufacturing operation" means any process operation or combination of physically connected dissimilar process operations which is operated to effect physical or chemical changes, or both, in an article.

"Materials handling equipment" means any equipment used as a part of a process operation or combination of process operations which does not effect a physical or chemical change in the material or in an article, such as, but not limited to, conveyors, elevators, feeders or weighers.

"Physically connected" means any combination of process operations connected by materials handling equipment and designed for simultaneous complementary operation.

"Process operation" means any method, form, action, operation or treatment of manufacturing or processing, including any storage or handling of materials or products before, during or after manufacturing or processing.

"Process unit" means any step in a manufacturing or process operation which results in the emission of pollutants to the atmosphere.

"Process weight" means total weight of all materials introduced into any process unit which may cause any emission of pollutants. Process weight includes solid fuels charged, but does not include liquid and gaseous fuels charged or combustion air for all fuels.

"Process weight rate" means a rate established as follows:

a. For continuous or long-run steady-state process operations, the total process weight for the entire period of continuous operation or for a typical portion of it, divided by the number of hours of such period or portion of it.

b. For cyclical or batch process operations, the total weight for a period that covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during such a period.

"Production rate" means the weight of final product obtained per hour of operation. If the rate of product going to storage can vary, the production rate shall be determined by calculation from the feed rates of raw material.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1202, eff. January 1, 1985.

9VAC5-40-1540. Standard for particulate matter.

A. No owner or other person shall cause or permit to be discharged into the atmosphere from any chemical fertilizer manufacturing operation, which utilizes recycle and physically connected dissimilar processes as a part of the manufacturing operation, any particulate emissions in excess of the limits in Table 4-12.

TABLE 4-12

Process Weight Rate
Tons/Hr

Maximum Allowable Emission Rate
Lb/Hr

15 or less

19.2

30

30.5

60

42.5

90

46.3

120

49.0

150

51.2

180

53.1

B. Except as provided in subsections C and D of this section, interpretation of the emission standard in subsection A of this section shall be in accordance with 9VAC5-40-22.

C. The process weight rate entry to be used in Table 4-12 for chemical fertilizer manufacturing operations shall be considered as the production rate, or for chemical fertilizer manufacturing operations involving physically connected dissimilar process operations shall be the sum of the process weight rates of each of the dissimilar process operations. The materials handling and screening equipment shall not be considered as a part of the process operation for the determination of process weight rate. For a process weight rate between any two consecutive rates stated in Table 4-14 maximum allowable emissions of particulate matter shall be calculated by the following equation:

1. For process weight rates up to 45 tons per hour:

E = 4.10 (

2P(0.67)

)

3

where:

E = emission rate in lb/hr.

P = process weight rate in tons/hr.

2. For process weight rates over 45 tons per hour:

E = 55.0 (

2P(0.11)

) - 40

3

where:

E = emission rate in lb/hr.

P = process weight rate in tons/hr

D. When one manufacturing operation, or combination of physically connected process operations, is vented through separate stacks, the allowable emission rate for each stack shall be such that the sum of the emission rates for all of the stacks from that operation is equal to the allowable rates from that operation vented through a single stack.

E. For purpose of emission testing, samples taken of separate stacks within a three-day period, on the same fertilizer grade, shall be considered as simultaneous for the purpose of determining total operation emissions.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1203, eff. January 1, 1985.

9VAC5-40-1550. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1204, eff. January 1, 1985.

9VAC5-40-1560. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1205, eff. January 1, 1985.

9VAC5-40-1570. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1206, eff. January 1, 1985.

9VAC5-40-1580. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1207, eff. January 1, 1985.

9VAC5-40-1590. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1208, eff. January 1, 1985.

9VAC5-40-1600. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1209, eff. January 1, 1985.

9VAC5-40-1610. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1210, eff. January 1, 1985.

9VAC5-40-1620. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1211, eff. January 1, 1985.

9VAC5-40-1630. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1212, eff. January 1, 1985.

9VAC5-40-1640. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and control equipment maintenance or malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1213, eff. January 1, 1985.

9VAC5-40-1650. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1214, eff. January 1, 1985.

Article 13
Emission Standards for Pulp and Paper Mills (Rule 4-13)

9VAC5-40-1660. Applicability and designation of affected facilities.

A. The affected facilities in pulp and paper mills to which the provisions of this article apply are: each recovery furnace, each smelt dissolving tank, each lime kiln, each slaker tank, and each kraft wood pulping operation. For the purpose of this article, a kraft wood pulping operation is comprised only of any combination of the following units: recovery furnaces, lime kilns, digester systems, multiple-effect evaporator systems, condensate stripper systems and smelt dissolving tanks.

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

C. The provisions of this article do not apply to affected facilities subject to Article 5 (9VAC5-50-400 et seq.) of Part II of 9VAC5 Chapter 50, except to the extent such pollutants are emitted which are not subject to standards of performance in Article 5 (9VAC5-50-400 et seq.) of Part II of 9VAC5 Chapter 50.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1301, eff. October 1, 1989; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999.

9VAC5-40-1670. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Black liquor solids" means the dry weight of the solids which enter the recovery furnace in the black liquor.

"Condensate stripper system" means a column, and associated condensers, used to strip, with air or steam, total reduced sulfur compounds from condensate streams from various processes within a kraft pulp mill.

"Cross recovery furnace" means a furnace used to recover chemicals consisting primarily of sodium and sulfur compounds by burning black liquor which on a quarterly basis contains more than 7.0% by weight of the total pulp solids from the neutral sulfite or other semichemical process and has a green liquor sulfidity of more than 28%.

"Digester system" means each continuous digester or each batch digester used for the cooking of wood in white liquor, and associated flash tanks, below tanks, chip steamers, and condensers.

"Green liquor sulfidity" means the sulfidity of the liquor which leaves the smelt dissolving tank.

"Kraft pulp mill" means any facility which produces pulp from wood by cooking (digesting) wood chips in a water solution of sodium hydroxide and sodium sulfide (white liquor) at high temperature and pressure. Regeneration of the cooking chemicals through a recovery process is also considered part of the kraft pulp mill.

"Lime kiln" means a unit used to calcine lime mud, which consists primarily of calcium carbonate, into quicklime, which is calcium oxide.

"Multiple-effect evaporator system" means the multiple-effect evaporators and associated condensers and hotwells used to concentrate the spent cooking liquid that is separated from the pulp (black liquor).

"Neutral sulfite semichemical pulping operation" means any operation in which pulp is produced from wood by cooking (digesting) wood chips in a solution of sodium sulfite and sodium bicarbonate, followed by mechanical defibrating (grinding).

"New design recovery furnace" means a straight kraft recovery furnace that has both membrane wall or welded wall construction and emission control designed air systems. A new design furnace shall have stated in its contract a TRS performance guarantee or that it was designed with air pollution control as an objective.

"Old design recovery furnace" means a straight kraft recovery furnace that does not have membrane wall or welded wall construction or emission control designed air systems.

"Pulp and paper mill" means any kraft pulp mill or any paper mill using a semichemical pulping process.

"Recovery furnace" means either a straight kraft recovery furnace or a cross recovery furnace, and includes the direct-contact evaporator for a direct-contact furnace.

"Semichemical pulping process" means any pulp manufacturing process in which the active chemicals of the liquor used in cooking (digesting) wood chips to their component parts in a pressurized vessel (digester) are primarily a liquor of sodium hydroxide and sodium carbonate. The major difference between all semichemical techniques and those of kraft and acid sulfite processes is that only a portion of the lignin is removed during the cooking (digesting), after which the pulp is further reduced by mechanical disintegration.

"Smelt dissolving tank" means a vessel used for dissolving the smelt collected from the recovery furnace.

"Straight kraft recovery furnace" means a furnace used to recover chemicals consisting primarily of sodium and sulfur compounds by burning black liquor which on a quarterly basis contains 7.0% by weight or less of the total pulp solids from the neutral sulfite or other semichemical process or has green liquor sulfidity of 28% or less.

"Total reduced sulfur" or "TRS" means the sum of the following sulfur compounds (hydrogen sulfide, methyl mercaptan, dimethyl sulfide and dimethyl disulfide, reported as hydrogen sulfide) that are released during any kraft wood pulping operation.

"Twenty-four hour average" means the average of data over a 24-hour period beginning at midnight.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1302, eff. October 1, 1989; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999.

9VAC5-40-1680. Standard for particulate matter.

No owner or other person shall cause or permit to be discharged into the atmosphere from any group of similar affected facilities specified below any particulate emissions in excess of the following limits:

Affected Facility

Maximum Allowable Emission of Particulate in Lb/Equivalent Ton of Air Dried Pulp

All Recovery Furnace Units

3.00

All Smelt Dissolving Tank Units

0.75

All Lime Kiln Units

1.00

All Slaker Tank Units

0.30

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1303, eff. January 1, 1985.

9VAC5-40-1690. Standard for total reduced sulfur.

A. No owner or other person shall cause or permit to be discharged into the atmosphere from any kraft wood pulping operation unit specified below any total reduced sulfur emissions in excess of the following limits:

1. Recovery furnaces.

a. Old design furnaces -- 20 ppm by volume on a dry basis, corrected to 8.0% oxygen.

b. New design furnaces -- 5 ppm by volume on a dry basis, corrected to 8.0% oxygen.

c. Cross recovery furnaces -- 25 ppm by volume on a dry basis, corrected to 8.0% oxygen.

2. Digester systems -- 5 ppm by volume on a dry basis, corrected to 10% oxygen.

3. Multiple-effect evaporator systems -- 5 ppm by volume on a dry basis, corrected to 10% oxygen.

4. Lime kilns -- 20 ppm by volume on a dry basis, corrected to 10% oxygen.

5. Condensate stripper systems -- 5 ppm by volume on a dry basis, corrected to 10% oxygen.

6. Smelt dissolving tanks -- 0.033 pounds per ton black liquor solids as H2S.

B. Achievement of the emission standards in this section by use of methods in 9VAC5-40-1700 will be acceptable to the board.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1304, eff. October 1, 1989; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999.

9VAC5-40-1700. Control technology guidelines.

The control method should consist of one of the following:

1. Combustion of gases in a lime kiln or recovery furnace subject to the provisions of this article.

2. Combustion of gases in equipment or a device which is not subject to the provisions of this article and which is subjected to a minimum temperature of 1200°F for at least 0.5 seconds.

3. Any control method of equal or greater efficiency to the method in subsection B of this section, provided such method is approved by the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1305, eff. October 1, 1989.

9VAC5-40-1710. Standard for visible emissions.

A. The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply except with regard to recovery furnaces; for such facilities the provisions in subsection B of this section apply instead of 9VAC5-40-80 A.

B. No owner or other person shall cause or permit to be discharged into the atmosphere from any recovery furnace any visible emissions which exhibit greater than 35% opacity. Failure to meet the requirements of this section because of the presence of water vapor shall not be a violation of this section.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1306, eff. January 1, 1985.

9VAC5-40-1720. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1307, eff. January 1, 1985.

9VAC5-40-1730. Standard for odor.

The provisions of Article 2 ( 9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply, except for total reduced sulfur emissions.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1308, eff. October 1, 1989.

9VAC5-40-1740. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1309, eff. January 1, 1985.

9VAC5-40-1750. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1310, eff. October 1, 1989; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999.

9VAC5-40-1760. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1311, eff. January 1, 1985.

9VAC5-40-1770. Monitoring.

A. The provisions of 9VAC5-40-40 (Monitoring) apply, with any addition or modification deemed appropriate to meet the needs of subsection B of this section.

B. The owner of a kraft pulp mill shall by October 1, 1990:

1. Install, certify, maintain and operate continuous monitoring equipment to monitor and record the concentration of TRS emissions on a dry basis and the percentage of oxygen by volume on a dry basis in the gases discharged into the atmosphere from any lime kiln or recovery furnace. The location of each monitoring system must be approved by the board.

2. Install, calibrate, maintain, and operate a monitoring device which measures the combustion temperature at the point of incineration of effluent gases which are emitted from any lime kiln, recovery furnace, digester system, multiple-effect evaporator system, or condensate stripper system. The monitoring device is to be certified by the manufacturer to be accurate within 1.0% of the temperature being measured.

C. The minimum data capture and validity requirements shall be as follows:

1. Valid TRS and oxygen data shall be obtained for no less than 75% of the operating hours of each quarter. Section 4 of Procedure 1 of Appendix F of 40 CFR Part 60 shall be used to determine valid data.

2. For TRS or oxygen concentrations, a valid data hour shall have at least 50% valid readings.

3. A 24-hour average TRS or oxygen concentration shall be considered valid if at least 50% of the operating hours in the 24-hour period are valid data hours.

4. Valid temperature data shall be obtained for no less than 90% of the operating time of each quarter.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1312, eff. October 1, 1989; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999.

9VAC5-40-1780. Notification, records, and reporting.

A. The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

B. Any owner subject to the provisions of 9VAC5-40-1770 B shall:

1. Calculate and record on a daily basis the 24-hour average TRS concentration for each operating day for each recovery furnace and lime kiln. Each 24-hour average shall be determined as the arithmetic mean of the appropriate 24 contiguous 1-hour average TRS concentrations provided by each continuous monitoring system installed under 9VAC5-40-1770 B 1.

2. Calculate and record on a daily basis the 24-hour average oxygen concentration for each operating day for each recovery furnace and lime kiln. These 24-hour averages shall correspond to the 24-hour average TRS concentration under subsection B 1 of this section and shall be determined as an arithmetic mean of the appropriate 24 contiguous one-hour average oxygen concentrations provided by each continuous monitoring system installed under 9VAC5-40-1770 B 1.

3. Correct all 24-hour average TRS concentrations to 10 volume percent oxygen, except that all 24-hour average TRS concentrations from a recovery furnace shall be corrected to 8 volume percent using the following equation:

Ccorr = Cuncorr x (21-X)/(21-Y)

where:

Ccorr = the concentration corrected for oxygen.

Cuncorr = the concentration uncorrected for oxygen.

X = the volumetric oxygen concentration in percentage to be corrected (8.0 for recovery furnaces and 10 for lime kilns, incinerators, or other devices).

Y = the measured 24-hour average volumetric oxygen concentration.

4. Record continuously on a daily basis the temperature of any applicable point of incineration.

5. Record on a daily basis the periods of operation for each operating day for each recovery furnace and lime kiln.

C. For the purpose of reports required under 9VAC5-40-50 C, the following information shall be reported:

1. For emissions from any recovery furnace, all 24-hour average TRS concentrations above the applicable emission standard in 9VAC5-40-1690.

2. For emissions from any lime kiln, all 24-hour average TRS concentrations above the applicable emission standard in 9VAC5-40-1690.

3. For emissions from any digester system, multiple-effect evaporator system, or condensate stripper system, all periods in excess of five minutes and their duration during which the combustion temperature is less than 1200°F if the gases are combusted in an incinerator or other device approved by the board which does not generate TRS.

4. For each recovery furnace or lime kiln, the periods of operation.

D. Each owner subject to the provisions of 9VAC5-40-1770 B 1 shall develop and implement a quality assurance plan. At a minimum the plan shall provide for daily calibration drift checks, periodic preventive maintenance, and annual audits. Section 3 of Procedure 1 of Appendix F of 40 CFR Part 60 may be used as a guide by which to pattern the plan.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1313, eff. October 1, 1989; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999.

9VAC5-40-1790. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1314, eff. January 1, 1985.

9VAC5-40-1800. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1315, eff. January 1, 1985.

9VAC5-40-1810. Permits.

A permit may be required prior to beginning any of the activities specified below if the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) apply. Owners contemplating such action should review those provisions and contact the appropriate regional office for guidance on whether those provisions apply.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

6. Operation of a facility.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1316, eff. January 1, 1985; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999.

Article 14
Emission Standards for Sand and Gravel Processing Operations and Stone Quarrying and Processing Operations (Rule 4-14)

9VAC5-40-1820. Applicability and designation of affected facility.

A. The affected facility to which the provisions of this article apply is each sand and gravel processing operation and each stone quarrying and processing operation.

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

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1401, eff. January 1, 1985.

9VAC5-40-1830. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Process operation" means a method, form, action, operation or treatment of manufacturing or processing, including any storage or handling of materials or products before, during or after manufacturing or processing.

"Process unit" means any step in a manufacturing or process operation which results in the emission of pollutants to the atmosphere.

"Process weight" means total weight of all materials introduced into any process unit which may cause any emission of pollutants. Process weight includes solid fuels charged, but does not include liquid and gaseous fuels charged or combustion air for all fuels.

"Process weight rate" means a rate established as follows:

a. For continuous or long-run steady-state process operations the total process weight for the entire period of continuous operation or for a typical portion of it, divided by the number of hours of such period or portion of it.

b. For cyclical or batch process operations, the total weight for a period that covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during such a period.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1402, eff. January 1, 1985.

9VAC5-40-1840. Standard for particulate matter.

A. No owner or other person shall cause or permit any material to be produced, handled, stockpiled or transported without taking measures to reduce to a minimum any particulate matter from becoming airborne. Where it is practical to measure the emission, the emission shall not exceed the limits established by Table 4-14. All such airborne particulate matter emanating from the yards, sidings or roads of such operations shall be considered fugitive dust and shall be controlled as stipulated in 9VAC5-40-1860. All crushers shall be fitted with liquid sprays or other appropriate systems which effectively limit the escape of airborne dust. Vibrating and shaker screens handling dry materials shall be enclosed or fitted with a collector system which will prevent the release of more than 0.05 grains per standard cubic foot. All feeders, elevators, conveyors, transfer points, discharge points and loading points shall be equipped with collectors, sprays or other means when necessary to minimize the escape of dust.

TABLE 4-14

Process Weight

Maximum Allowable Emission Rate

Lb/Hr

Tons/Hr

Lb/Hr

100 or less

0.05 or less

0.551

200

0.10

0.877

400

0.20

1.40

600

0.30

1.83

800

0.40

2.22

1000

0.50

2.58

1500

0.75

3.38

2000

1.00

4.10

2500

1.25

4.76

3000

1.50

5.38

3500

1.75

5.96

4000

2.00

6.52

5000

2.50

7.58

6000

3.00

8.56

7000

3.50

9.49

8000

4.00

10.4

9000

4.50

11.2

10000

5.00

12.0

12000

6.00

13.6

16000

8.00

16.5

18000

9.00

17.9

20000

10.00

19.2

30000

15.00

25.2

40000

20.00

30.5

50000

25.00

35.4

60000

30.00

40.0

70000

35.00

41.3

80000

40.00

42.5

90000

50.00

44.6

120000

60.00

46.3

140000

70.00

47.8

160000

80.00

49.1

200000

100.00

51.3

1000000

500.00

69.0

2000000

1000.00

77.6

6000000

3000.00

92.7

B. Interpretation of emission standard in subsection A of this section shall be in accordance with 9VAC5-40-22.

C. The provisions of this section shall not apply to affected facilities identified in subsection A of this section and located in AQCR 7; however, the provisions of 9VAC5-40-270 shall apply to the facilities.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1403, eff. January 1, 1985.

9VAC5-40-1850. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1404, eff. January 1, 1985.

9VAC5-40-1860. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1405, eff. January 1, 1985.

9VAC5-40-1870. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1406, eff. January 1, 1985.

9VAC5-40-1880. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1407, eff. January 1, 1985.

9VAC5-40-1890. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1408, eff. January 1, 1985.

9VAC5-40-1900. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1409, eff. January 1, 1985.

9VAC5-40-1910. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1410, eff. January 1, 1985.

9VAC5-40-1920. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1411, eff. January 1, 1985.

9VAC5-40-1930. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1412, eff. January 1, 1985.

9VAC5-40-1940. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1413, eff. January 1, 1985.

9VAC5-40-1950. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1414, eff. January 1, 1985.

Article 15
Emission Standards for Coal Preparation Plants (Rule 4-15)

9VAC5-40-1960. Applicability and designation of affected facility.

A. The affected facilities in coal preparation plants to which the provisions of this article apply are: thermal dryers, pneumatic coal- cleaning equipment (air tables), coal processing and conveying equipment (including breakers and crushers), coal storage systems, and coal transfer and loading systems.

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

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1501, eff. January 1, 1985.

9VAC5-40-1970. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Coal preparation plant" means any facility (excluding underground mining operations) which prepares coal by one or more of the following processes: breaking, crushing, screening, wet or dry cleaning, and thermal drying.

"Coal processing and conveying equipment" means any machinery used to reduce the size of coal or to separate coal from refuse, and the equipment used to convey coal to or remove coal and refuse from the machinery. This includes, but is not limited to, breakers, crushers, screens and conveyor belts.

"Coal storage system" means any facility used to store coal except for open storage piles.

"Pneumatic coal-cleaning equipment" means any facility which classifies bituminous coal by size or separates bituminous coal from refuse by application of air streams.

"Process operation" means any method, form, action, operation or treatment of manufacturing or processing, including any storage or handling of materials or products before, during or after manufacturing or processing.

"Process unit" means any step in a manufacturing or process operation which results in the emission of pollutants to the atmosphere.

"Process weight" means the total weight of all materials introduced into any process unit which may cause any emission of pollutants. Process weight includes solid fuels charged, but does not include liquid and gaseous fuels charged or combustion air for all fuels.

"Process weight rate" means a rate established as follows:

a. For continuous or long-run steady-state process operations, the total process weight for the entire period of continuous operation or for a typical portion of it, divided by the number of hours of such period or portion of it.

b. For cyclical or batch process operations, the total weight for a period that covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during such a period.

"Thermal drier" means any facility in which the moisture content of bituminous coal is reduced by contact with a heated gas stream which is exhausted to the atmosphere.

"Transfer and loading system" means any facility used to transfer and load coal for shipment.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1502, eff. January 1, 1985.

9VAC5-40-1980. Standard for particulate matter.

A. Thermal driers.

1. No owner or other person shall cause or permit to be discharged into the atmosphere from any thermal drier any particulate emissions in excess of the limits in Table 4-15A.

TABLE 4-15A

Process Weight Rate
Tons/Hr

Maximum Allowable Emission Rate
Lb/Hr

100 or less

45

200 or more

105

2. Interpretation of the emission standard in subdivision A 1 of this section shall be in accordance with 9VAC5-40-22.

B. Pneumatic coal-cleaning equipment.

1. No owner or other person shall cause or permit to be discharged into the atmosphere from any pneumatic coal-cleaning equipment any particulate emissions in excess of 0.05 grains per standard cubic foot of exhaust gas. In no event shall the emission rate exceed the appropriate limit in Table 4-15B.

2. Interpretation of the emission standard in subdivision B 1 of this section shall be in accordance with 9VAC5-40-22.

TABLE 4-15B

Process Weight Rate

Maximum Allowable Emission Rate

Lb/Hr

Tons/Hr

Lb/Hr

100

0.05

0.551

200

0.10

0.877

400

0.20

1.40

600

0.30

1.83

800

0.40

2.22

1000

0.50

2.58

1500

0.75

3.38

2000

1.00

4.10

2500

1.25

4.76

3000

1.50

5.38

3500

1.75

5.96

4000

2.00

6.52

5000

2.50

7.58

6000

3.00

8.56

7000

3.50

9.49

8000

4.00

10.4

9000

4.50

11.2

10000

5.00

12.0

12000

6.00

13.6

16000

8.00

16.5

18000

9.00

17.9

20000

10.00

19.2

30000

15.00

25.2

40000

20.00

30.5

50000

25.00

35.4

60000

30.00

40.0

70000

35.00

41.3

80000

40.00

42.5

90000

45.00

43.6

100000

50.00

44.6

120000

60.00

46.3

140000

70.00

47.8

160000

80.00

49.1

200000

100.00

51.3

1000000

500.00

69.0

2000000

1000.00

77.6

6000000

3000.00

92.7

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1503, eff. January 1, 1985.

9VAC5-40-1990. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1504, eff. January 1, 1985.

9VAC5-40-2000. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1505, eff. January 1, 1985.

9VAC5-40-2010. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1506, eff. January 1, 1985.

9VAC5-40-2020. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1507, eff. January 1, 1985.

9VAC5-40-2030. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1508, eff. January 1, 1985.

9VAC5-40-2040. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1509, eff. January 1, 1985.

9VAC5-40-2050. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1510, eff. January 1, 1985.

9VAC5-40-2060. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1511, eff. January 1, 1985.

9VAC5-40-2070. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1512, eff. January 1, 1985.

9VAC5-40-2080. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1513, eff. January 1, 1985.

9VAC5-40-2090. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1514, eff. January 1, 1985.

Article 16
Emission Standards for Portland Cement Plants (Rule 4-16)

9VAC5-40-2100. Applicability and designation of affected facility.

A. The affected facilities in Portland cement plants to which the provisions of this article apply are: kiln, clinker cooler, raw mill system, finish mill system, raw mill dryer, raw material storage, clinker storage, finished product storage, conveyor transfer points, bagging and bulk loading and unloading systems.

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

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1601, eff. January 1, 1985.

9VAC5-40-2110. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Portland cement plant" means any facility manufacturing portland cement by either the wet or dry process.

"Process operation" means any method, form, action, operation or treatment of manufacturing or processing, including any storage or handling of materials or products before, during or after manufacturing or processing.

"Process unit" means any step in a manufacturing or process operation which results in the emission of pollutants to the atmosphere.

"Process weight" means the total weight of all materials introduced into any process unit which may cause any emission of pollutants. Process weight includes solid fuels charged, but does not include liquid and gaseous fuels charged or combustion air for all fuels.

"Process weight rate" means a rate established as follows:

a. For continuous or long-run steady-state process operations, the total process weight for the entire period of continuous operation or for a typical portion of it, divided by the number of hours of such period or portion of it.

b. For cyclical or batch process operations, the total weight for a period that covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during such a period.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1602, eff. January 1, 1985.

9VAC5-40-2120. Standard for particulate matter.

A. No owner or other person shall cause or permit to be discharged into the atmosphere from any affected facility any particulate emissions in excess of the limits in Table 4-16.

TABLE 4-16

Process Weight

Maximum Allowable Emission Rate

Lb/Hr

Tons/Hr

Lb/Hr

100 or less

0.05 or less

0.551

200

0.10

0.877

400

0.20

1.40

600

0.30

1.83

800

0.40

2.22

1000

0.50

2.58

1500

0.75

3.38

2000

1.00

4.10

2500

1.25

4.76

3000

1.50

5.38

3500

1.75

5.96

4000

2.00

6.52

5000

2.50

7.58

6000

3.00

8.56

7000

3.50

9.49

8000

4.00

10.4

9000

4.50

11.2

10000

5.00

12.0

12000

6.00

13.6

16000

8.00

16.5

18000

9.00

17.9

20000

10.00

19.2

30000

15.00

25.2

40000

20.00

30.5

50000

25.00

35.4

60000

30.00

40.0

70000

35.00

41.3

80000

40.00

42.5

90000

45.00

43.6

100000

50.00

44.6

120000

60.00

46.3

140000

70.00

47.8

160000

80.00

49.1

200000

100.00

51.3

1000000

500.00

69.0

2000000

1000.00

77.6

6000000

3000.00

92.7

B. Interpretation of the emission standard in subsection A of this section shall be in accordance with 9VAC5-40-22.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1603, eff. January 1, 1985.

9VAC5-40-2130. Standard for sulfur dioxide.

No owner or other person shall cause or permit to be discharged into the atmosphere from any affected facility any sulfur dioxide emissions in excess of the following limits:

S = 2.64K

where:

S = allowable emission of sulfur dioxide expressed in pounds per hour.

K = actual heat input expressed in Btu X 106 per hour.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1604, eff. January 1, 1985.

9VAC5-40-2140. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1605, eff. January 1, 1985.

9VAC5-40-2150. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1606, eff. January 1, 1985.

9VAC5-40-2160. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1607, eff. January 1, 1985.

9VAC5-40-2170. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1608, eff. January 1, 1985.

9VAC5-40-2180. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1609, eff. January 1, 1985.

9VAC5-40-2190. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1610, eff. January 1, 1985.

9VAC5-40-2200. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1611, eff. January 1, 1985.

9VAC5-40-2210. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1612, eff. January 1, 1985.

9VAC5-40-2220. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1613, eff. January 1, 1985.

9VAC5-40-2230. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1614, eff. January 1, 1985.

9VAC5-40-2240. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1615, eff. January 1, 1985.

Article 17
Emission Standards for Woodworking Operations (Rule 4-17)

9VAC5-40-2250. Applicability and designation of affected facility.

A. The affected facility to which the provisions of this article apply is each woodworking operation.

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

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1701, eff. January 1, 1985.

9VAC5-40-2260. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Woodworking operation" means any operation involving the generation of small wood waste particles (shavings, sanderdust, sawdust, etc.) by any kind of mechanical manipulation of wood, bark, or wood byproducts. Includes, but is not limited to, sawing, planing, chipping, shaping, moulding, hogging, lathing and sanding. Also includes any woodworking waste collection operation.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1702, eff. January 1, 1985.

9VAC5-40-2270. Standard for particulate matter.

A. No owner or other person shall cause or permit to be discharged into the atmosphere any particulate emissions caused by any woodworking operation without providing, as a minimum, for their collection, adequate duct work and properly designed collectors, or such other devices, as approved by the board.

B. Particulate emissions shall not exceed 0.05 grains per standard cubic feet of exhaust gas.

C. The provisions of this section shall not apply to affected facilities identified in subsection A of this section and located in AQCR 7; however, the provisions of 9VAC5-40-270 shall apply to the facilities.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1703, eff. January 1, 1985.

9VAC5-40-2280. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1704, eff. January 1, 1985.

9VAC5-40-2290. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1705, eff. January 1, 1985.

9VAC5-40-2300. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1706, eff. January 1, 1985.

9VAC5-40-2310. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1707, eff. January 1, 1985.

9VAC5-40-2320. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1708, eff. January 1, 1985.

9VAC5-40-2330. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1709, eff. January 1, 1985.

9VAC5-40-2340. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1710, eff. January 1, 1985.

9VAC5-40-2350. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1711, eff. January 1, 1985.

9VAC5-40-2360. Registration.

The provisions of 9VAC5-40-60 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1712, eff. January 1, 1985.

9VAC5-40-2370. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-40-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1713, eff. January 1, 1985.

9VAC5-40-2380. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1714, eff. January 1, 1985.

Article 18
Emission Standards for Primary and Secondary Metal Operations (Rule 4-18)

9VAC5-40-2390. Applicability and designation of affected facility.

A. The affected facility to which the provisions of this article apply is each primary metal operation and each secondary metal operation.

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

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1801, eff. January 1, 1985.

9VAC5-40-2400. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Aluminum production operation" means the production of aluminum or aluminum alloys from aluminum pigs, foundry returns or scrap material by smelting or melting to the metallic form. Includes fluxing, alloying, degassing, and demagging operations.

"Brass or bronze" means any metal alloy containing copper as its predominant constituent and lesser amounts of zinc, tin, lead or other metals.

"Brass or bronze production" means the production of brass or bronze ingots from scrap material by, or through a combination of, melting, smelting, refining or alloying.

"Ferroalloy production operation" means the production of any ferroalloy by use of a smelting furnace.

"Gray iron foundry operation" means the production of gray iron castings by use of a melting furnace.

"Lead" means elemental lead or alloys in which the predominant component is lead.

"Magnesium production operation" means the production of magnesium from scrap material by use of a furnace.

"Melt time" means the time in which the metal is melting and available at the spout or tap hole, excluding any time the equipment is idle, preheating or preparing for shutdown.

"Primary copper smelter" means any installation or any intermediate process engaged in the production of copper from copper sulfide ore concentrates through the use of pyrometallurgical techniques.

"Primary lead smelter" means any installation or any intermediate process engaged in the production of lead from lead sulfide ore concentrates through the use of pyrometallurgical techniques.

"Primary metal operation" means any operation which involves the production of a metal from metal ore concentrates through the use of pyrometallurgical techniques.

"Primary zinc smelter" means any installation or any intermediate process engaged in the production of zinc or zinc oxide from zinc sulfide ore concentrates through the use of pyrometallurgical techniques.

"Process operation" means any method, form, action, operation or treatment of manufacturing or processing, including any storage or handling of materials or products before, during or after manufacturing or processing.

"Process unit" means any step in a manufacturing or process operation which results in the emission of pollutants to the atmosphere.

"Process weight" means the total weight of all materials introduced into any process unit which may cause any emission of pollutants. Process weight includes solid fuels charged, but does not include liquid and gaseous fuels charged or combustion air for all fuels.

"Process weight rate" means a rate established as follows:

a. For continuous or long-run steady-state process operations, the total process weight for the entire period of continuous operation or for a typical portion of it, divided by the number of hours of such period or portion of it.

b. For cyclical or batch process operations, the total weight for a period that covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during such a period.

"Secondary lead production operation" means the production of lead from lead bearing scrap material by smelting to the metallic form.

"Secondary metal operation" means any aluminum production operation, brass or bronze production operation, ferroalloy production operation, gray iron foundry operation, secondary lead production operation, magnesium production operation, steel foundry operation or zinc process operation.

"Steel foundry operation" means the production of steel castings by use of a melting furnace.

"Zinc process operation" means zinc reclaiming, zinc oxide manufacturing and zinc galvanizing.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1802, eff. January 1, 1985.

9VAC5-40-2410. Standard for particulate matter.

A. No owner or other person shall cause or permit to be discharged into the atmosphere from any secondary metal operation any particulate emissions in excess of the limits in Table 4-18.

TABLE 4-18

Process Weight Rate
Lb/Hr

Maximum Allowable Emission Rate
Lb/Hr

1,000 or less

3.05

2,000

4.70

3,000

6.35

4,000

8.00

5,000

9.05

6,000

11.30

7,000

12.90

8,000

14.30

9,000

15.50

10,000

16.65

12,000

18.70

16,000

21.60

18,000

22.80

20,000

24.00

30,000

30.00

40,000

36.00

50,000 or more

42.00

B. Interpretation of the emission standard in subsection A of this section shall be in accordance with 9VAC5-40-22.

C. The permissible emission rates as shown in Table 4-18 shall apply during the melt time but shall not apply during the time of preheat or preparing for shutdown. The exemption for preheating and shutdown shall be limited to two 20-minute periods in a given eight-hour period for each furnace unit.

D. The provisions of this section shall not apply to affected facilities identified in subsection A of this section and located in AQCR 7; however, the provisions of 9VAC5-40-270 shall apply to the facilities.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1803, eff. January 1, 1985.

9VAC5-40-2420. Standard for sulfur oxides.

No owner or other person shall cause or permit to be discharged into the atmosphere from any primary metal operation any sulfur oxide emissions in excess of the following limits:

Copper Smelters: Y = 0.2X

Zinc Smelters: Y = 0.564X0.85

Lead Smelters: Y = 0.98X0.77

where:

X = total sulfur fed to the smelter in lb/hr.

Y = allowable sulfur oxide emissions in lb/hr.

Note: This provision in effect requires removal of about 90% of the input-sulfur to the smelter.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1804, eff. January 1, 1985.

9VAC5-40-2430. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1805, eff. January 1, 1985.

9VAC5-40-2440. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1806, eff. January 1, 1985.

9VAC5-40-2450. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1807, eff. January 1, 1985.

9VAC5-40-2460. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1808, eff. January 1, 1985.

9VAC5-40-2470. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1809, eff. January 1, 1985.

9VAC5-40-2480. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1810, eff. January 1, 1985.

9VAC5-40-2490. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1811, eff. January 1, 1985.

9VAC5-40-2500. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1812, eff. January 1, 1985.

9VAC5-40-2510. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1813, eff. January 1, 1985.

9VAC5-40-2520. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1814, eff. January 1, 1985.

9VAC5-40-2530. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1815, eff. January 1, 1985.

Article 19
Emission Standards for Lightweight Aggregate Process Operations (Rule 4-19)

9VAC5-40-2540. Applicability and designation of affected facility.

A. The affected facility to which the provisions of this article apply is each lightweight aggregate process operation.

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

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1901, eff. January 1, 1985.

9VAC5-40-2550. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Process operation" means any method, form, action, operation or treatment of manufacturing or processing, including any storage or handling of materials or products before, during or after manufacturing or processing.

"Process unit" means any step in a manufacturing or process operation which results in the emission of pollutants to the atmosphere.

"Process weight" means total weight of all materials introduced into any process unit which may cause any emission of pollutants. Process weight includes solid fuels charged, but does not include liquid and gaseous fuels charged or combustion air for all fuels.

"Process weight rate" means a rate established as follows:

a. For continuous or long-run steady-state process operations, the total process weight for the entire period of continuous operation or for a typical portion of it, divided by the number of hours of such period or portion of it.

b. For cyclical or batch process operations, the total weight for a period that covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during such a period.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1902, eff. January 1, 1985.

9VAC5-40-2560. Standard for particulate matter.

A. No owner or other person shall cause, or permit to be discharged into the atmosphere from any lightweight aggregate process operation any particulate emissions in excess of the limits in Table 4-19.

TABLE 4-19

Process Weight Rate
Tons/Hr

Maximum Allowable Emission Rate
Lb/Hr

.05 or less

.176

.10

.351

.20

.702

.30

1.053

.40

1.404

.50

1.76

.75

2.64

1.0

3.51

1.25

5.27

1.75

6.15

2.0

7.02

4.0

14.0

6.0

21.1

8.0

28.1

10.0

35.1

15.0

52.7

20.0

70.2

25.0

87.8

30.0

105.0

35.0

123.0

40.0

140.0

45.0

158.0

50.0

176.0

B. Except as provided in subsection C of this section, interpretation of the emission standard in subsection A of this section shall be in accordance with 9VAC5-40-22.

C. For a process weight rate between any two consecutive rates in Table 4-19, or for rates over 50 tons per hour, the maximum allowable emission rate may be calculated by the following equation:

E = 3.51 P

where:

E = emission rate in lb/hr.

P = process weight rate in tons/hr.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1903, eff. January 1, 1985.

9VAC5-40-2570. Standard for sulfur oxides.

No owner or other person shall cause, or permit fuel with a sulfur content in excess of three pounds per million Btu to be used in the processing of lightweight aggregate.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1904, eff. January 1, 1985.

9VAC5-40-2580. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1905, eff. January 1, 1985.

9VAC5-40-2590. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1906, eff. January 1, 1985.

9VAC5-40-2600. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1907, eff. January 1, 1985.

9VAC5-40-2610. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1908, eff. January 1, 1985.

9VAC5-40-2620. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1909, eff. January 1, 1985.

9VAC5-40-2630. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1910, eff. January 1, 1985.

9VAC5-40-2640. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1911, eff. January 1, 1985.

9VAC5-40-2650. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1912, eff. January 1, 1985.

9VAC5-40-2660. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1913, eff. January 1, 1985.

9VAC5-40-2670. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1914, eff. January 1, 1985.

9VAC5-40-2680. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1915, eff. January 1, 1985.

Article 20
Emission Standards for Feed Manufacturing Operations (Rule 4-20)

9VAC5-40-2690. Applicability and designation of affected facility.

A. The affected facility to which the provisions of this article apply is each feed manufacturing operation.

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

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2001, eff. January 1, 1985.

9VAC5-40-2700. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Feed manufacturing" means receiving, conditioning (drying, sizing, cleaning), blending and pelleting of grains, and their subsequent bagging or bulk loading.

"Manufacturing operation" means any process operation or combination of physically connected dissimilar process operations which is operated to effect physical or chemical changes, or both, in an article.

"Materials handling equipment" means any equipment used as a part of a process operation or combination of process operations which does not effect a physical or chemical change in the material or in an article, such as, but not limited to, conveyors, elevators, feeders or weighters.

"Physically connected" means any combination of process operations connected by materials handling equipment and designed for simultaneous complementary operation.

"Process operation" means any method, form, action, operation or treatment of manufacturing or processing, including any storage or handling of materials or products before, during or after manufacturing or processing.

"Process unit" means any step in a manufacturing or processing operation which results in the emission of pollutants to the atmosphere.

"Process weight" means total weight of all materials introduced into any process unit which may cause any emission of pollutants. Process weight includes solid fuels charged, but does not include liquid and gaseous fuels charged or combustion air for all fuels.

"Process weight rate" means a rate established as follows:

a. For continuous or long-run steady-state process operations, the total process weight for the entire period of continuous operation or for a typical portion of it, divided by the number of hours of such period or portion of it.

b. For cyclical or batch process operations, the total weight for a period that covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during such a period.

"Production rate" means the weight of final product obtained per hour of operation. If the rate of product going to storage can vary, the production rate shall be determined by calculation from the feed rates of raw material.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2002, eff. January 1, 1985.

9VAC5-40-2710. Standard for particulate matter.

A. No owner or other person shall cause, or permit to be discharged into the atmosphere from any feed manufacturing operation any particulate emissions in excess of the limits in Table 4-20.

TABLE 4-20

Process Weight

Maximum Allowable Emission Rate

Lb/Hr

Tons/Hr

Lb/Hr

100 or less

0.05 or less

0.551

200

0.10

0.877

400

0.20

1.40

600

0.30

1.83

800

0.40

2.22

1000

0.50

2.58

1500

0.75

3.38

2000

1.00

4.10

2500

1.25

4.76

3000

1.50

5.38

3500

1.75

5.96

4000

2.00

6.52

5000

2.50

7.58

6000

3.00

8.56

7000

3.50

9.49

8000

4.00

10.4

9000

4.50

11.2

10000

5.00

12.0

12000

6.00

13.6

16000

8.00

16.5

18000

9.00

17.9

20000

10.00

19.2

30000

15.00

25.2

40000

20.00

30.5

50000

25.00

35.4

60000

30.00

40.0

70000

35.00

41.3

80000

40.00

42.5

90000

45.00

43.6

100000

50.00

44.6

120000

60.00

46.3

140000

70.00

47.8

160000

80.00

49.1

200000

100.00

51.3

1000000

500.00

69.0

2000000

1000.00

77.6

6000000

3000.00

92.7

B. Except as provided in subsections C and D of this section, interpretation of the emission standard in subsection A of this section shall be in accordance with 9VAC5-40-22.

C. The process weight rate entry to be used in Table 4-20 for feed manufacturing process units shall be considered as the production rate.

D. The process weight rate entry to be used in Table 4-20 for feed manufacturing operations involving physically connected dissimilar process operations shall be the sum of the process weight rates of each of the dissimilar process operations. The materials handling equipment shall not be considered as a part of the process operation for determination of process weight rate.

E. The provisions of this section shall not apply to affected facilities identified in subsection A of this section and located in AQCR 7; however, the provisions of 9VAC5-40-270 shall apply to the facilities.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2003, eff. January 1, 1985.

9VAC5-40-2720. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2004, eff. January 1, 1985.

9VAC5-40-2730. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2005, eff. January 1, 1985.

9VAC5-40-2740. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2006, eff. January 1, 1985.

9VAC5-40-2750. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2007, eff. January 1, 1985.

9VAC5-40-2760. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2008, eff. January 1, 1985.

9VAC5-40-2770. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2009, eff. January 1, 1985.

9VAC5-40-2780. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2010, eff. January 1, 1985.

9VAC5-40-2790. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2011, eff. January 1, 1985.

9VAC5-40-2800. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2012, eff. January 1, 1985.

9VAC5-40-2810. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2013, eff. January 1, 1985.

9VAC5-40-2820. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2014, eff. January 1, 1985.

Article 21
Emissions Standards for Sulfuric Acid Production Units (Rule 4-21)

9VAC5-40-2830. Applicability and designation of affected facility.

A. The affected facility to which the provisions of this article apply is each sulfuric acid production unit.

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

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2101, eff. January 1, 1985.

9VAC5-40-2840. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Sulfuric acid mist" means sulfuric acid mist, as measured by Reference Method 8 or an equivalent or alternative method.

"Sulfuric acid production unit" means any facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, organic sulfides and mercaptans, or acid sludge; but does not include facilities where conversion to sulfuric acid is utilized primarily as a means of preventing emissions to the atmosphere of sulfur dioxide or other sulfur compounds.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2102, eff. January 1, 1985.

9VAC5-40-2850. Standard for sulfur dioxide.

No owner or other person shall cause or permit to be discharged into the atmosphere from any sulfuric acid production unit any sulfur dioxide emissions in excess of a concentration of 2000 parts per million by volume and a mass emission rate of 27 pounds per ton of 100% acid produced when elemental sulfur is used for feed material, or 3500 ppm by volume and a mass emission rate of 45 pounds per ton of 100% acid produced when other raw materials such as recycled spent acid and ores are used as feed. These emissions levels may be exceeded for a period not longer than 24 hours during start-up.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2103, eff. January 1, 1985.

9VAC5-40-2860. Standard for sulfuric acid mist.

No owner or other person shall cause or permit to be discharged into the atmosphere from any sulfuric acid production unit any sulfuric acid mist emissions in excess of 0.5 pound per ton of sulfuric acid produced, the production being expressed as 100% H2SO4.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2104, eff. January 1, 1985.

9VAC5-40-2870. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2105, eff. January 1, 1985.

9VAC5-40-2880. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2106, eff. January 1, 1985.

9VAC5-40-2890. Standard for odor.

The provision of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standard for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2107, eff. January 1, 1985.

9VAC5-40-2900. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2108, eff. January 1, 1985.

9VAC5-40-2910. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2109, eff. January 1, 1985.

9VAC5-40-2920. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2110, eff. January 1, 1985.

9VAC5-40-2930. Monitoring.

A. The provisions of 9VAC5-40-40 (Monitoring) apply.

B. Unless otherwise approved by the board, owners of sulfuric acid production units specified in subsection C of this section shall install, calibrate, maintain and operate systems for continuously monitoring and recording specified emissions in accordance with 9VAC5-40-40 and 9VAC5-40-41.

C. Sulfuric acid production units of greater than 300 tons per day production capacity (the production being expressed as 100% acid) shall be monitored for sulfur dioxide emissions.

D. The pollutant gas used to prepare calibration gas mixtures under paragraph 2.1, Performance Specifications 2 of Appendix B of 40 CFR 60 and for calibration checks under 9VAC5-40-41 shall be sulfur dioxide (SO2). Reference Method 8 shall be used for conducting monitoring system performance evaluations under of 9VAC5-40-41 except that only the sulfur dioxide portion of the Reference Method 8 results shall be used. The span shall be set at 1,000 ppm of sulfur dioxide.

E. The owner shall establish a conversion factor for the purpose of converting monitoring data into units of the applicable standard (lb/short ton). The conversion factor shall be determined, as a minimum, three times daily by measuring the concentration of sulfur dioxide entering the converter using suitable methods (e.g., the Reich Test, "Atmospheric Emissions from Sulfuric Acid Manufacturing Processes," see 9VAC5-20-21) and calculating the appropriate conversion factor for each eight-hour period as follows:

CF = k

(1.000 - 0.15r)

(r - s)

where:

CF = conversion factor (lb/short ton per ppm).

k = constant derived from material balance. For determining CF in English units, k = 0.1306.

r = percentage of sulfur dioxide by volume entering the gas converter. Appropriate corrections must be made for air injection plants subject to the approval of the board.

s = percentage of sulfur dioxide by volume in the emission to the atmosphere determined by the continuous monitoring system.

F. The average sulfur dioxide concentration in the flue gases shall be multiplied by the conversion factor to obtain the average sulfur dioxide emissions in units of the applicable standard. The owner shall record all conversion factors and values under subsection E of this section from which they were computed (i.e., CF, r, and s).

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2111, eff. January 1, 1985; amended, Virginia Register Volume 18, Issue 7, eff. February 1, 2002.

9VAC5-40-2940. Notification, records and reporting.

A. The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

B. For the purpose of reports under 9VAC5-40-50 C, periods of excess emissions that shall be reported are defined as any three-hour period (or the arithmetic average of three consecutive one-hour periods) during which the integrated average sulfur dioxide emissions exceeds the applicable standard under 9VAC5-40-2850.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2112, eff. January 1, 1985.

9VAC5-40-2950. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2113, eff. January 1, 1985.

9VAC5-40-2960. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2114, eff. January 1, 1985.

9VAC5-40-2970. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2115, eff. January 1, 1985.

Article 22
Emission Standards for Sulfur Recovery Operations (Rule 4-22)

9VAC5-40-2980. Applicability and designation of affected facility.

A. The affected facility to which the provisions of this article apply is each sulfur recovery operation.

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

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2201, eff. January 1, 1985.

9VAC5-40-2990. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Production rate" means the weight of final product obtained per hour of operation. If the rate or product going to storage can vary, the production rate shall be determined by calculation from the feed rates of raw material.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2202, eff. January 1, 1985.

9VAC5-40-3000. Standard for sulfur dioxide.

No owner or other person shall cause or permit to be discharged into the atmosphere from any sulfur recovery operation any sulfur dioxide emissions in excess of a concentration of 8000 parts per million by volume and in excess of the mass emission rate specified in Table 4-22.

TABLE 4-22

Sulfur Production Rate
(tons/day)

Maximum Allowable S02 Mass Emission Rate
(lbs/hr)

50 or less

415

100

830

200

1660

300

2490

400

3320

500 or more

4150

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2203, eff. January 1, 1985.

9VAC5-40-3010. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2204, eff. January 1, 1985.

9VAC5-40-3020. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2205, eff. January 1, 1985.

9VAC5-40-3030. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2206, eff. January 1, 1985.

9VAC5-40-3040. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2207, eff. January 1, 1985.

9VAC5-40-3050. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2208, eff. January 1, 1985.

9VAC5-40-3060. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2209, eff. January 1, 1985.

9VAC5-40-3070. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2210, eff. January 1, 1985.

9VAC5-40-3080. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2211, eff. January 1, 1985.

9VAC5-40-3090. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2212, eff. January 1, 1985.

9VAC5-40-3100. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2213, eff. January 1, 1985.

9VAC5-40-3110. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2214, eff. January 1, 1985.

Article 23
Emission Standards for Nitric Acid Production Units (Rule 4-23)

9VAC5-40-3120. Applicability and designation of affected facility.

A. The affected facility to which the provisions of this article apply is each nitric acid production unit.

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

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2301, eff. January 1, 1985.

9VAC5-40-3130. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Nitric acid production unit" means any facility producing nitric acid 30 to 70% in strength by either the pressure or atmospheric pressure process.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2302, eff. January 1, 1985.

9VAC5-40-3140. Standard for nitrogen oxides.

No owner or other person shall cause or permit to be discharged into the atmosphere from any nitric acid production unit any emissions of nitrogen oxides (expressed as nitrogen dioxide) in excess of 5.5 pounds per ton of 100% acid produced.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2303, eff. January 1, 1985.

9VAC5-40-3150. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2304, eff. January 1, 1985.

9VAC5-40-3160. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2305, eff. January 1, 1985.

9VAC5-40-3170. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2306, eff. January 1, 1985.

9VAC5-40-3180. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2307, eff. January 1, 1985.

9VAC5-40-3190. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2308, eff. January 1, 1985.

9VAC5-40-3200. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2309, eff. January 1, 1985.

9VAC5-40-3210. Monitoring.

A. The provisions of 9VAC5-40-40 (Monitoring) apply.

B. Unless otherwise approved by the board, owners of existing sources specified in subsection C of this section shall install, calibrate, maintain and operate systems for continuously monitoring and recording emissions of specified pollutants.

C. Nitric acid plants of greater than 300 tons per day production capacity (the production capacity being expressed as 100% acid) shall be monitored for nitrogen oxides emissions.

D. The pollutant gas used to prepare calibration gas mixtures under paragraph 2.1, Performance Specification 2 of Appendix B of 40 CFR 60 and for calibration checks under 9VAC5-40-41 shall be nitrogen dioxide (NO2). The span shall be set at 500 ppm of nitrogen dioxide. Reference Method 7 shall be used for conducting monitoring system performance evaluations under 9VAC5-40-41.

E. The owner shall establish a conversion factor for the purpose of converting monitoring data into units of the applicable standard (lb/short ton). The conversion factor shall be established by measuring emissions with the continuous monitoring system concurrent with measuring emissions with the applicable reference method tests. Using only that portion of the continuous monitoring emission data that represents emission measurements concurrent with the reference method test periods, the conversion factor shall be determined by dividing the reference method test data average by the monitoring data averages to obtain a ratio expressed in units of the applicable standard to units of the monitoring data, i.e., lb/short ton per ppm. The conversion factor shall be reestablished during any emission test under 9VAC5-40-30 or any continuous monitoring system performance evaluation under 9VAC5-40-41. The average nitrogen oxides concentration in the flue gases shall be multiplied by the conversion factor to obtain the average nitrogen oxides emissions in the units of the applicable standard.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2310, eff. January 1, 1985.

9VAC5-40-3220. Notification, records and reporting.

A. The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

B. The owner shall record the production rate and hours of operation.

C. For the purpose of reports required under 9VAC5-40-50 C, periods of excess emissions that shall be reported are defined as any three-hour period during which the average nitrogen oxides emissions (arithmetic average of three contiguous one-hour periods) exceed the standard under 9VAC5-40-3140.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2311, eff. January 1, 1985.

9VAC5-40-3230. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2312, eff. January 1, 1985.

9VAC5-40-3240. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2313, eff. January 1, 1985.

9VAC5-40-3250. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2314, eff. January 1, 1985.

Article 24
Emission Standards for Solvent Metal Cleaning Operations Using Nonhalogenated Solvents (Rule 4-24)

9VAC5-40-3260. Applicability and designation of affected facility.

A. The affected facility to which the provisions of this article apply is each solvent metal cleaning operation using nonhalogenated solvents, including, but not limited to, cold or vapor degreasing at service stations; motor vehicle repair shops; automobile dealerships; machine shops; and any other metal refinishing, cleaning, repair, or fabrication facility.

B. The provisions of this article apply only to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5-20-206. They do not apply to sources in the Northern Virginia volatile organic compound emissions control area designated in 9VAC5-20-206. These sources are subject to Article 47 (9VAC5-40-6820 et seq.). of this part.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act, 40 CFR Parts 51 and 60.

Historical Notes

Derived from VR120-04-2401, eff. July 1, 1991; amended, Virginia Register Volume 12, Issue 11, eff. April 1, 1996; Volume 13, Issue 10, eff. April 1, 1997; Volume 20, Issue 12, eff. March 24, 2004.

9VAC5-40-3270. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Cold cleaning" means the batch process of cleaning and removing foreign matter from metal surfaces by spraying, brushing, flushing or immersion while maintaining the solvent below its boiling point. Wipe cleaning is not included in this definition.

"Conveyorized degreasing" means the continuous process of cleaning and removing foreign matter from metal surfaces by operating with either cold or vaporized solvents.

"Freeboard height"

a. For cold cleaners, the distance from the liquid solvent level in the degreaser tank to the lip of the tank.

b. For open top vapor degreasers, the distance from the solvent-to-air interface in the tank to the lip of the tank.

c. For conveyerized degreasers, the distance from the solvent-to-air interface to the bottom of the entrance or exit opening, whichever is lower.

"Freeboard ratio" means the freeboard height divided by the width of the degreaser.

"Lower explosive limit" means the lower limit of flammability of a gas or vapor at ordinary ambient temperatures expressed in percent of the gas or vapor in air by volume.

"Nonhalogenated solvent" means any solvent other than methylene chloride, perchloroethylene, trichloroethylene, 1,1,1- trichloroethane, carbon tetrachloride, or chloroform. Nonhalogenated solvents may include trace quantities of halogenated solvents which are:

a. Unintended residues in recycled solvents, or

b. Unintended impurities resulting from chemical reaction in the manufacturing process.

"Open top vapor degreasing" means the batch process of cleaning and removing foreign matter from metal surfaces by condensing hot solvent vapor on the colder metal parts.

"Solvent" means organic materials which are liquid at standard conditions and which are used as dissolvers, viscosity reducers or cleaning agents.

"Solvent metal cleaning" means the process of cleaning foreign matter from metal surfaces by cold cleaning or open top vapor degreasing or conveyorized degreasing.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2402, eff. January 1, 1985; amended, Virginia Register Volume 12, Issue 11, eff. April 1, 1996.

9VAC5-40-3280. Standard for volatile organic compounds.

A. Conveyorized degreasing.

1. No owner or other person shall use or permit the use of any conveyorized degreaser unless such degreaser is equipped with a control method that will remove, destroy or prevent the discharge into the atmosphere of at least 70% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subdivision A 1 of this section by use of the methods in 9VAC5-40-3290 A and D will be acceptable to the board.

B. Open top vapor degreasing.

1. No owner or other person shall use or permit the use of any open top vapor degreaser unless such degreaser is equipped with a control method that will remove, destroy or prevent the discharge into the atmosphere of at least 75% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subdivision B 1 of this section by use of the methods in 9VAC5-40-3290 B and D will be acceptable to the board.

C. Cold cleaning.

1. No owner or other person shall use or permit the use of any cold cleaner unless such cleaner is equipped with a control method that will remove, destroy or prevent the discharge into the atmosphere of at least 85% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subdivision C 1 of this section by use of the methods in 9VAC5-40-3290 C and D will be acceptable to the board.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2403, eff. July 1, 1991; amended, Virginia Register Volume 12, Issue 11, eff. April 1, 1996.

9VAC5-40-3290. Control technology guidelines.

A. Conveyorized degreasing.

1. Control requirements.

a. The degreaser (if the air/vapor interface is larger than 20 ft2) should be equipped with one of the following vapor control methods:

(1) Refrigerated chiller (a secondary set of condensing coils operating with a coolant of less than 40°F).

(2) Carbon adsorption system, with ventilation of 50 cfm/ft2 or greater of conveyor opening area (when down-time covers are open), and exhausting less than 25 ppm of solvent by volume averaged over a complete adsorption cycle.

(3) Any method of equal or greater control efficiency to the methods in subdivisions A 1 a (1) and (2) of this section, provided such method is approved by the board.

b. The degreaser should be equipped with either a drying tunnel, or other means such as rotating (tumbling) basket, sufficient to prevent cleaned parts from carrying out solvent liquid or vapor.

c. The degreaser should be equipped with all of the following control devices:

(1) A device to prevent heat input unless there is adequate coolant.

(2) The spray shall be equipped with a device that will prevent spraying unless the degreaser is operating normally.

(3) A device to shut off the heat if the vapor level rises above a predetermined level.

d. Entrances and exits should silhouette work loads so that the average clearance (between the largest parts and the edge of the degreaser opening) is either four inches or 10% of the width of the opening, whichever is less.

e. Covers should be provided for closing off the entrance and exit during shutdown, heat-up and cool-down.

2. Operating requirements.

a. Exhausting ventilation should not exceed 65 cfm/ft2 of degreaser open area, unless necessary to meet the requirements of any regulations promulgated by the U.S. Occupational Safety and Health Administration. Fans shall not be used near the degreaser opening.

b. Carry-out vapor losses should be minimized by racking parts to allow full drainage and maintaining vertical conveyor speed at less than 11 ft/min.

c. Waste solvent should not be disposed of or transferred to another party such that greater than 20% of the waste (by weight) can evaporate into the atmosphere. Waste solvent should only be stored in closed containers.

d. Solvent leaks should be repaired immediately or the degreaser should be shutdown.

e. Water should not be visibly detectable in the solvent exiting the water separator.

f. Down-time cover should be placed over entrances and exits of conveyorized degreaser immediately after the conveyor and exhaust are shutdown and removed just before they are started up.

B. Open top vapor degreasing.

1. Control requirements.

a. Covers should be provided that can be opened and closed easily without disturbing the vapor zone.

b. The degreaser should be equipped with all of the following control devices:

(1) A device to prevent heat input unless there is adequate coolant.

(2) The spray should be equipped with a method that will prevent spraying unless the degreaser is operating normally.

c. Degreaser should be equipped with one of the following vapor control methods:

(1) Freeboard ratio equal to or greater than 0.75. If the open area is larger than 10 ft2, the cover should be powered.

(2) Refrigerated chiller (a secondary set of condensing coils operating with a coolant of less than 40°F).

(3) Enclosed design (cover or door opens only when the dry part is actually entering or exiting the degreaser).

(4) Carbon adsorption system, with ventilation of 50 cfm/ft2 or greater of air/vapor area (when cover is open), and exhausting less than 25 ppm solvent by volume averaged over one complete adsorption cycle.

(5) Any method of equal or greater control efficiency to the methods in subdivisions B 1 c (1) through (4) of this section, provided such method is approved by the board.

d. A permanent label, summarizing operating procedures in subdivisions B 2 a through f of this section, should be placed in a conspicuous location on or near the degreaser.

2. Operating requirements.

a. The cover should be kept closed at all times except when processing work loads through the degreaser.

b. Carry-out vapor losses should be minimized by:

(1) Racking parts to allow full drainage;

(2) Moving parts in and out of the degreaser at less than 11 ft/min;

(3) Degreasing the work load in the vapor zone at least 30 seconds or until condensation ceases, whichever is longer;

(4) Tipping out any pools of solvent on the cleaned parts before removal; and

(5) Allowing parts to dry within the degreaser for at least 15 seconds or until visually dry, whichever is longer.

c. Porous or absorbent materials, such as cloth, leather, wood or rope should not be degreased.

d. Work loads should not occupy more than half of the degreaser's open top area.

e. The vapor level should not drop more than four inches when the work load enters the vapor zone. However, for certain specific solvent vapor degreasing operations where of necessity very large masses are required to be degreased at one time, such as large castings and fabricated assemblies, the manufacturers design should accommodate a drop of the vapor-air interface of more than four inches. This introduction of such large masses of necessity causes significant vapor-air interface drop and so the problem must be resolved by engineering of the degreaser in these cases rather than by limiting the amount of air-vapor interface drop.

f. Spraying above the vapor level should not be done.

g. Solvent leaks should be repaired immediately or the degreaser shutdown.

h. Waste solvent, still, and sump bottoms shall be collected and stored in closed containers. The closed containers may contain a device that would allow pressure relief, but would not allow liquid solvent to drain from the container.

i. Exhaust ventilation should not exceed 65 cfm/ft2 of degreaser open area, unless necessary to meet OSHA requirements. Fans should not be used near the degreaser opening.

j. Water should not be visually detectable in solvent exiting the water separator.

C. Cold cleaning.

1. Control requirements.

a. Covers or enclosed remote reservoirs should be provided. Covers should be designed so that they can be easily operated with one hand. (Covers for larger degreasers may require mechanical assistance, by spring loading, counterweighting or powered systems). Enclosed remote reservoirs should be designed such that they provide reduction effectiveness equivalent to that of a cover.

b. External or internal drainage facilities should be provided to collect and return the solvent to a closed container or a solvent cleaning machine. If a solvent volatility is greater than 0.6 psi measured at 100°F, then the drainage facilities should be internal so that parts are enclosed under the cover while draining. Drainage facilities may be external for applications where an internal type cannot fit into the cleaning system.

c. A permanent label, summarizing the operating procedures in subdivisions C 2 a through c of this section, should be placed in a conspicuous location on or near the degreaser.

d. If used, the solvent spray should be a solid, fluid stream (not a fine, atomized or shower type spray) and at a pressure which does not cause excessive splashing.

e. If a solvent volatility is greater than 0.6 psi measured at 100°F, or if solvent is heated above 120°F, then the degreaser (if the open area is greater than 20 ft2) should be equipped with one of the following vapor control methods:

(1) Freeboard ratio that is equal to or greater than 0.7.

(2) Water cover (solvent should be insoluble in and heavier than water).

(3) Refrigerated chiller (a secondary set of condensing coils operating with a coolant of less than 40°F).

(4) Carbon adsorption system, with ventilation of 50 cfm/ft2 or greater of air/vapor area (when down-time covers are open), and exhausting less than 25 ppm of solvent by volume averaged over a complete adsorption cycle.

(5) Any method of equal or greater control efficiency to the methods in subdivisions C 1 e (1) through (4) of this section, provided such method is approved by the board.

2. Operating requirements.

a. Waste solvent should not be disposed of or transferred to another party, such that greater than 20% of the waste (by weight) can evaporate into the atmosphere. Store waste solvent only in closed containers.

b. The degreaser cover should be closed whenever not handling parts in the cleaner.

c. Cleaned parts should drain for at least 15 seconds or until dripping ceases.

D. Disposal of waste solvent from solvent metal cleaning operations should be by one of the following methods:

1. Reclamation (either by outside services or in-house).

2. Incineration.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2404, eff. July 1, 1991; amended, Virginia Register Volume 12, Issue 11, eff. April 1, 1996.

9VAC5-40-3300. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2405, eff. January 1, 1985.

9VAC5-40-3310. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2406, eff. January 1, 1985.

9VAC5-40-3320. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2407, eff. January 1, 1985.

9VAC5-40-3330. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2408, eff. January 1, 1985.

9VAC5-40-3340. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2409, eff. January 1, 1985.

9VAC5-40-3350. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2410, eff. January 1, 1985.

9VAC5-40-3360. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2411, eff. January 1, 1985.

9VAC5-40-3370. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2412, eff. January 1, 1985.

9VAC5-40-3380. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2413, eff. January 1, 1985.

9VAC5-40-3390. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2414, eff. January 1, 1985.

9VAC5-40-3400. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

6. Operation of a facility.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2415, eff. January 1, 1985; amended, Virginia Register Volume 12, Issue 11, eff. April 1, 1996.

Article 25
Emission Standards for Volatile Organic Compound Storage and Transfer Operations (Rule 4-25)

9VAC5-40-3410. Applicability and designation of affected facility.

A. Except as provided in subsection C of this section, the affected facility to which the provisions of this article apply is each operation involving the storage or transfer of volatile organic compounds or both.

B. The provisions of this article apply only to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5-20-206.

C. The provisions of this article do not apply to:

1. Facilities subject to the provisions of the emission standards for storage or transfer of petroleum liquids (Article 37 (9VAC5-40-5200 et seq.) of this chapter); or

2. Facilities using volatile organic compounds with a vapor pressure less than 1.5 pounds per square inch absolute under actual storage conditions or, in the case of filling, under actual filling conditions.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2501, eff. July 1, 1991.

9VAC5-40-3420. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"External floating roof" means a storage vessel cover in an open top tank consisting of a double deck or pontoon single deck which rests upon and is supported by the liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank shell.

"Internal floating roof" means a cover or roof in a fixed roof tank which rests upon or is floated upon the liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank shell.

"Liquid-mounted" means a primary seal mounted so the bottom of the seal covers the liquid surface between the tank shell and the floating roof.

"Submerged fill pipe" means any fill pipe the discharge opening of which is entirely submerged when the liquid level is six inches above the bottom of the tank; or, when applied to a tank which is loaded from the side, any fill pipe the discharge opening of which is entirely submerged when at the minimum operating level.

"Vapor-mounted" means a primary seal mounted so there is an annular vapor space underneath the seal. The annular vapor space is bounded by the bottom of the primary seal, the tank shell, the liquid surface, and the floating roof.

"Vapor tight" means capable of holding a pressure of 18 inH20 and a vacuum of 6 inH20 without sustaining a pressure change of more than 3 inH20 in five minutes.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2502, eff. July 1, 1985.

9VAC5-40-3430. Standard for volatile organic compounds.

A. Filling of storage tanks.

1. No owner or other person shall use or permit the use of any stationary storage tank for storage of any volatile organic compound unless such tank is equipped with a control method that will remove, destroy or prevent the discharge into the atmosphere of at least 60% by weight of volatile organic compound emissions during the filling of such tank.

2. Achievement of the emission standard in subsection A 1 of this section by use of the methods in 9VAC5-40-3440 A will be acceptable to the board.

3. Exempted from the provisions of this subsection are stationary storage tanks with a storage capacity of 2,000 gallons or less.

B. Volatile organic compound storage - fixed roof tanks.

1. No owner or other person shall use or permit the use of any fixed roof tank for storage of volatile organic compounds unless such tank is equipped with a control method which will remove, destroy or prevent the discharge into the atmosphere of at least 90% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subsection B 1 of this section by use of control methods in 9VAC5-40-3440 B will be acceptable to the board.

3. Exempted from the provisions of this subsection are stationary storage tanks with a storage capacity of 40,000 gallons or less.

4. The owner of a fixed roof tank subject to the provisions of subsection B 1 of this section shall:

a. When the fixed roof tank is equipped with an internal floating roof, perform a visual inspection annually of the floating cover through the roof hatches, to ascertain compliance with the specifications in subsection B 4 (1) and (2).

(1) The cover should be uniformly floating on or above the liquid and there should be no visible defects in the surface of the cover or liquid accumulated on the cover.

(2) The seal must be intact and uniformly in place around the circumference of the cover between the cover and tank wall.

b. Perform a complete inspection of the cover and seal and record the condition of the cover and seal when the tank is emptied for nonoperational reasons such as maintenance, an emergency, or other similar purposes.

c. Maintain records of the average monthly storage temperature and true vapor pressure of the liquid as stored, and the results of the inspection performed under the provisions of subsection B 4 a and b of this section.

C. Volatile organic compound storage - floating roof tanks.

1. No owner or other person shall use or permit the use of any floating roof tank for storage of volatile organic compounds, unless such tank is equipped with a control method which will remove, destroy or prevent the discharge into the atmosphere of at least 90% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subsection C 1 of this section by use of methods in 9VAC5-40-3440 C will be acceptable to the board.

3. Exempted from the provisions of this subsection are stationary storage tanks with a storage capacity of 40,000 gallons or less.

4. The owner of a floating roof tank subject to the provisions of subsection C 1 of this section shall:

a. Perform routine inspections annually which shall include a visual inspection of the secondary seal gap.

b. When the floating roof is equipped with a vapor-mounted primary seal, measure the secondary seal gap annually in accordance with subsections C 4 b (1) and (2) of this section.

(1) Physically measuring the length and width of all gaps around the entire circumference of the secondary seal in each place where a 1/8 inch uniform diameter probe passes freely (without forcing or binding against the seal) between the seal and tank wall; and

(2) Summing the area of the individual gaps.

c. Maintain records of the types of volatile organic compounds stored, the maximum true vapor pressure of the liquid as stored, and the results of the inspections performed under the provisions of subsection C 4 a and b of this section.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2503, eff. July 1, 1991.

9VAC5-40-3440. Control technology guidelines.

A. Filling of storage tanks. The tank should be a pressure tank maintaining working pressure sufficient at all times to prevent vapor loss to the atmosphere, or be designed and equipped with one of the following vapor control systems:

1. Filling of the tank through the use of a submerged fill pipe.

2. Any system of equal or greater control efficiency to the system in subsection A 1 of this section, provided such system is approved by the board.

B. Volatile organic compound storage - fixed roof tanks.

1. The tank should be a pressure tank maintaining working pressure sufficient at all times to prevent vapor loss to the atmosphere, or be designed and equipped with one of the following vapor control systems:

a. An internal floating roof resting on the surface of the liquid contents and equipped with a closure seal, or seals, to close the space between the roof edge and tank shell. All tank gauging and sampling devices should be vapor tight except when gauging or sampling is taking place.

b. Any system of equal or greater control efficiency to the system in subsection B 1 a of this section, provided such system is approved by the board.

2. There should be no visible holes, tears or other openings in the seal or any seal fabric.

3. All openings, except stub drains, should be equipped with a cover, seal or lid. The cover, seal or lid should be in a closed position at all times except when the device is in actual use. Automatic bleeder vents should be closed at all times except when the roof is floated off or landed on the roof leg supports. Rim vents, if provided should be set to open when the roof is being floated off the roof leg supports or at the manufacturer's recommended setting.

4. The exterior aboveground surfaces (exposed to sunlight) should be painted white, light pastels or light metallic and such exterior paint should be periodically maintained in good condition. Repainting may be performed during normal maintenance periods.

C. Volatile organic compound storage - floating roof tanks.

1. The tank should be designed and equipped with one of the following vapor control systems:

a. An external floating roof resting on the surface of the liquid contents and equipped with a seal closure device (meeting the specifications set forth in subsection C 2 and 3 of this section) to close the space between the roof edge and tank shell. All tank gauging and sampling devices should be vapor tight except when gauging or sampling is taking place.

b. Any system of equal or greater control efficiency to the system in subsection C 1 a of the section, provided such system is approved by the board.

2. Unless the tank is a welded tank fitted with a metallic-type shoe seal which has a secondary seal from the top of the shoe seal to the tank wall (a shoe-mounted secondary), the tank should be fitted with a continuous secondary seal extending from the floating roof to the tank wall (a rim-mounted secondary) if:

a. The tank is a welded tank, the true vapor pressure of the contained liquid is 4.0 psi or greater, and the primary seal is one of the following:

(1) A metallic-type shoe seal.

(2) A liquid-mounted foam seal.

(3) A liquid-mounted liquid-filled type seal.

(4) Any other seal closure device which can be demonstrated equivalent to the primary seals specified in subsection C 2 a (1) through (3) of this section.

b. The tank is a riveted tank, the true vapor pressure of the contained liquid is 1.5 psi, or greater, and the seal closure device is as described in subsection C 2 a of this section.

c. The tank is a welded or riveted tank, the true vapor pressure of the contained liquid is 1.5 psi, or greater, and the primary seal is vapor mounted. When such primary seal closure device can be demonstrated equivalent to the primary seals described in subsection C 2 a of this section the provisions of that subsection apply.

3. The seal closure devices should meet the following requirements:

a. There should be no visible holes, tears or other openings in the seal or any seal fabric.

b. The seal should be intact and uniformly in place around the circumference of the floating roof between the floating roof and the tank wall.

c. The areas where the gap between the secondary seal, installed pursuant to subsection C 2 c of this section, and the tank wall exceeds 1/8 inch in width shall be calculated in square inches. The sum of all such areas shall not exceed 1.0 square inch per foot of tank diameter.

4. All openings, except for automatic bleeder vents, rim space vents and leg sleeves, should provide a projection below the liquid surface. All openings, except stub drains, should be equipped with a cover, seal or lid. The cover, seal or lid should be in a closed position at all times except when the device is in actual use. Automatic bleeder vents should be closed at all times except when the roof is floated off or landed on the roof leg supports. Rim vents, if provided, should be set to open when the roof is being floated off the roof leg supports or at the manufacturer's recommended setting. Any emergency roof drain should be provided with a slotted membrane fabric cover or equivalent cover that covers at least 90% of the area of the opening.

5. The exterior above ground surfaces (exposed to sunlight) should be painted white, light pastels, or light metallic and such exterior paint should be periodically maintained in good condition. Repainting may be performed during normal maintenance periods.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2504, eff. July 1, 1991.

9VAC5-40-3450. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2505, eff. January 1, 1985.

9VAC5-40-3460. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2506, eff. January 1, 1985.

9VAC5-40-3470. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2507, eff. January 1, 1985.

9VAC5-40-3480. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2508, eff. January 1, 1985.

9VAC5-40-3490. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2509, eff. January 1, 1985.

9VAC5-40-3500. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2510, eff. January 1, 1985.

9VAC5-40-3510. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2511, eff. January 1, 1985.

9VAC5-40-3520. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2512, eff. January 1, 1985.

9VAC5-40-3530. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2513, eff. January 1, 1985.

9VAC5-40-3540. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2514, eff. January 1, 1985.

9VAC5-40-3550. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate Regional Office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2515, eff. January 1, 1985.

Article 26
Emission Standards for Large Appliance Coating Application Systems (Rule 4-26)

9VAC5-40-3560. Applicability and designation of affected facility.

A. Except as provided in subsection C of this section, the affected facility to which the provisions of this article apply is each large appliance coating application system.

B. The provisions of this article apply only to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5-20-206.

C. The provisions of this article do not apply to coating application systems used exclusively for determination of product quality and commercial acceptance provided:

1. The operation is not an integral part of the production process;

2. The emissions from all product quality coating application systems do not exceed 400 pounds in any 30 day period; and

3. The exemption is approved by the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2601, eff. July 1, 1991.

9VAC5-40-3570. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Application area" means the area where the coating is applied by spraying, dipping or flow coating techniques.

"Carbon adsorption system" means a device containing activated carbon as the adsorbent material, an inlet and outlet for exhaust gases, and a system to regenerate the saturated adsorbent. The carbon adsorption system must provide for the proper disposal or reuse of all volatile organic compounds in the adsorbate.

"Coating applicator" means an apparatus used to apply a surface coating.

"Coating application system" means any operation or system where a surface coating of one type or function is applied, dried or cured and which is subject to the same emission standard. May include any equipment which applies, conveys, dries or cures a surface coating, including, but not limited to, spray booths, flow coaters, flashoff areas, air dryers, drying areas and ovens. It is not necessary for a coating application system to have an oven, flashoff area or drying area to be included in this definition.

"Flashoff area" means the space between the application area and the oven.

"Large appliance" means residential and commercial washers, dryers, ranges, refrigerators, freezers, water heaters, dishwashers, trash compactors, air conditioners and other similar metal products. Includes doors, cases, lids, panels and interior metal support parts.

"Oven" means a chamber within which heat is used to bake, cure, polymerize or dry a surface coating or any combination of those.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2602, eff. July 1, 1991.

9VAC5-40-3580. Standard for volatile organic compounds.

A. Prime or single coat application.

1. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of 2.8 pounds per gallon of coating excluding water, as delivered by the coating applicator.

2. Achievement of the emission standard in subsection A 1 of this section by use of methods in 9VAC5-40-3590 A will be acceptable to the board.

B. Topcoat or sound deadener application.

1. No owner or other person shall cause or permit the discharge into the atmosphere from any coating application system any volatile organic compound in excess of 2.8 pounds per gallon of coating, excluding water, as delivered by the coating applicator.

2. Achievement of the emission standard in subsection B 1 of this section by use of methods in 9VAC5-40-3590 B will be acceptable to the board.

C. This section shall not be applicable to the use of quick-drying lacquers for the repair of scratches and nicks that occur during assembly, provided that the volume of coating does not exceed two quarts in any eight-hour period.

D. No owner or other person shall use any coating application system or equipment unless reasonable precautions are taken to minimize the discharge of emissions from cleaning or purging operations. Reasonable precautions may include the following:

1. The use of capture or control devices or both;

2. The use of detergents, high pressure water, or other non-volatile cleaning methods;

3. The minimization of the quantity of volatile organic compounds used to clean lines of equipment; or

4. The adjustment of production schedules to minimize coating changes thereby reducing the need for frequent cleaning or purging of a system.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2603, eff. July 1, 1991.

9VAC5-40-3590. Control technology guidelines.

A. Prime or single coat application. The control technology should consist of one or more of the following:

1. Use of electrodeposited waterborne coatings.

2. Use of other waterborne coatings.

3. Use of high-solids coatings.

4. Use of powder coatings.

5. Carbon adsorption.

6. Incineration.

7. Any technology of equal or greater control efficiency when compared to the use of a coating complying with 9VAC5-40-3580 A 1, provided such technology is approved by the board.

B. Topcoat or sound deadener application. The control technology should consist of one or more of the following:

1. Use of waterborne coatings.

2. Use of high-solids coatings.

3. Use of powder coatings.

4. Carbon adsorption.

5. Incineration.

6. Any technology of equal or greater control efficiency when compared to the use of a coating complying with 9VAC5-40-3580 B 1, provided such technology is approved by the board.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2604, eff. July 1, 1991.

9VAC5-40-3600. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2605, eff. January 1, 1985.

9VAC5-40-3610. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2606, eff. January 1, 1985.

9VAC5-40-3620. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2607, eff. January 1, 1985.

9VAC5-40-3630. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2608, eff. January 1, 1985.

9VAC5-40-3640. Compliance.

A. The provisions of 9VAC5-40-20 (Compliance) apply.

B. The emission standards in 9VAC5-40-3580 apply coating by coating or to the volume weighted average of coatings where the coatings are used on a single coating application system and the coatings are the same type or perform the same function. Such averaging shall not exceed 24 hours.

C. Compliance determinations for control technologies not based on compliant coatings (i.e., coating formulation alone) shall be based on the applicable standard in terms of pounds of volatile organic compounds per gallon solids or pounds of volatile organic compounds per gallon solids applied according to the applicable procedure in 9VAC5-20-121. Compliance may also be based on transfer efficiency greater than the board accepted baseline transfer efficiency if demonstrated by methods acceptable to the board according to the applicable procedure in 9VAC5-20-121.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2609, eff. July 1, 1991.

9VAC5-40-3650. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2610, eff. January 1, 1985.

9VAC5-40-3660. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2611, eff. January 1, 1985.

9VAC5-40-3670. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2612, eff. January 1, 1985.

9VAC5-40-3680. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2613, eff. January 1, 1985.

9VAC5-40-3690. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2614, eff. January 1, 1985.

9VAC5-40-3700. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2615, eff. January 1, 1985.

Article 27
Emission Standards for Magnet Wire Coating Application Systems (Rule 4-27)

9VAC5-40-3710. Applicability and designation of affected facility.

A. Except as provided in subsection C of this section, the affected facility to which the provisions of this article apply is each magnet wire coating application system.

B. The provisions of this article apply only to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5-20-206.

C. The provisions of this article do not apply to coating application systems used exclusively for determination of product quality and commercial acceptance provided:

1. The operation is not an integral part of the production process;

2. The emissions from all product quality coating application systems do not exceed 400 pounds in any 30 day period; and

3. The exemption is approved by the board.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2701, eff. July 1, 1991.

9VAC5-40-3720. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Application area" means the area where the coating is applied by spraying, dipping or flow coating techniques.

"Coating applicator" means an apparatus used to apply a surface coating.

"Coating application system" means any operation or system where a surface coating of one type or function is applied, dried or cured and which is subject to the same emission standard. May include any equipment which applies, conveys, dries or cures a surface coating, including, but not limited to, spray booths, flow coaters, flashoff areas, air dryers, drying areas and ovens. It is not necessary for a coating application system to have an oven, flashoff area or drying area to be included in this definition.

"Flashoff area" means the space between the application area and the oven.

"Magnet wire coating" means the process of applying a coating, electrically insulating varnish or enamel to aluminum or copper wire for use in electrical machinery.

"Oven" means a chamber within which heat is used to bake, cure, polymerize or dry a surface coating or any combination of those.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2702, eff. July 1, 1991.

9VAC5-40-3730. Standard for volatile organic compounds.

A. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of 1.7 pounds per gallon of coating, excluding water, as delivered by the coating applicator.

B. Achievement of the emission standard in subsection A of this section by use of methods in 9VAC5-40-3740 will be acceptable to the board.

C. No owner or other person shall use any coating system or equipment unless reasonable precautions are taken to minimize the discharge of emissions from cleaning or purging operations. Reasonable precautions may include the following:

1. The use of capture or control devices or both.

2. The use of detergents, high pressure water, or other nonvolatile cleaning methods.

3. The minimization of the quantity of volatile organic compounds used to clean lines of equipment.

4. The adjustment of production schedules to minimize coating changes thereby reducing the need for frequent cleaning or purging of a system.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2703, eff. July 1, 1991.

9VAC5-40-3740. Control technology guidelines.

The control technology should consist of one or more of the following:

1. Use of waterborne coatings.

2. Use of powder coatings.

3. Incineration.

4. Any technology of equal or greater control efficiency when compared to the use of coating complying with 9VAC5-40-3730 A, provided such technology is approved by the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2704, eff. July 1, 1991.

9VAC5-40-3750. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2705, eff. January 1, 1985.

9VAC5-40-3760. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2706, eff. January 1, 1985.

9VAC5-40-3770. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2707, eff. January 1, 1985.

9VAC5-40-3780. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2708, eff. January 1, 1985.

9VAC5-40-3790. Compliance.

A. The provisions of 9VAC5-40-20 (Compliance) apply.

B. The emission standards in 9VAC5-40-3730 apply coating by coating or to the volume weighted average of coatings where the coatings are used on a single coating application system and the coatings are the same type or perform the same function. Such averaging shall not exceed 24 hours.

C. Compliance determinations for control technologies not based on compliant coatings (i.e., coating formulation alone) shall be based on the applicable standard in terms of pounds of volatile organic compounds per gallon solids or pounds of volatile organic compounds per gallon solids applied according to the applicable procedure in 9VAC5-20-121.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2709, eff. July 1, 1991.

9VAC5-40-3800. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2710, eff. January 1, 1985.

9VAC5-40-3810. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2711, eff. January 1, 1985.

9VAC5-40-3820. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, records and reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2712, eff. January 1, 1985.

9VAC5-40-3830. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2713, eff. January 1, 1985.

9VAC5-40-3840. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2714, eff. January 1, 1985.

9VAC5-40-3850. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2715, eff. January 1, 1985.

Article 28
Emission Standards for Automobile and Light Duty Truck Coating Application Systems (Rule 4-28)

9VAC5-40-3860. Applicability and designation of affected facility.

A. Except as provided in subsection C of this section, the affected facility to which the provisions of this article apply is each automobile or light duty truck coating application system.

B. The provisions of this article apply only to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5-20-206.

C. The provisions of this article do not apply to the following:

1. Coating application systems used exclusively for determination of product quality and commercial acceptance provided:

a. The operation is not an integral part of the production process;

b. The emissions from all product quality coating application systems do not exceed 400 pounds in any 30 day period; and

c. The exemption is approved by the board.

2. Vehicle refinishing operations.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2801, eff. July 1, 1991.

9VAC5-40-3870. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Anti-chip coating" means a resilient coating applied over the prime coat and beneath the topcoat to body parts prone to chip damage for the purpose of protecting the topcoat from chipping.

"Application area" means the area where the coating is applied by spraying, dipping or flow coating techniques.

"Automobile" means any passenger car or passenger car derivative capable of seating 12 or fewer passengers.

"Carbon adsorption system" means a device containing activated carbon as the adsorbent material, an inlet and outlet for exhaust gases, and a system to regenerate the saturated adsorbent. The carbon adsorption system must provide for the proper disposal or reuse of all volatile organic compounds in the adsorbate.

"Clear coating" means a coating which lacks color and opacity or is transparent and uses the undercoat or basecoat as a reflectant base or undertone color.

"Coating applicator" means an apparatus used to apply a surface coating.

"Coating application system" means any operation or system in which a surface coating of one type or function is applied, dried or cured and which is subject to the same emission standard. May include any equipment which applies, conveys, dries or cures a surface coating, including, but not limited to, spray booths, flow coaters, flashoff areas, air dryers, drying areas and ovens. It is not necessary for a coating application system to have an oven, flashoff area or drying area to be included in this definition.

"Electrocoat primer" means the initial coating on components of automobile or light-duty truck bodies that is applied by electrode position.

"Extreme environmental conditions" means exposure to any one of the following: weather all of the time, temperatures consistently above 95°C, detergents, scouring, solvents, corrosive atmospheres or similar environmental conditions.

"Extreme performance coatings" means coatings which are required to be used by design specification on products designed for harsh exposure or extreme environmental conditions.

"Flashoff area" means the space between the application area and the oven.

"Guidecoat" means the surface coating applied over the electrocoat primer and beneath the topcoat.

"Light-duty truck" means any motor vehicle rated at 8,500 pounds gross vehicle weight or less which is designed primarily for purposes of transportation of property or is a derivative of such a vehicle; includes pickups, vans and window vans.

"Oven" means a chamber within which heat is used to bake, cure, polymerize or dry a surface coating or any combination of these.

"Topcoat" means the final coating applied to components of automobile or light-duty truck bodies.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2802, eff. July 1, 1991.

9VAC5-40-3880. Standard for volatile organic compounds.

A. Prime application.

1. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of 1.2 pounds per gallon of coating, excluding water, as delivered by the coating applicator.

2. Achievement of the emission standard in subsection A 1 of this section by use of methods in 9VAC5-40-3890 A will be acceptable to the board.

B. Guidecoat application.

1. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of 2.8 pounds per gallon of coating, excluding water, as delivered by the coating applicator.

2. Achievement of the emission standard in subsection B 1 of this section by use of methods in 9VAC5-40-3890 B will be acceptable to the board.

C. Topcoat application.

1. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of 15.1 pounds per gallon of solids applied to the automobile or light-duty truck components or 2.8 pounds per gallon of coating, excluding water, as delivered by the coating applicator.

2. Achievement of the emission standard in subsection C 1 of this section by use of methods in 9VAC5-40-3890 C will be acceptable to the board.

D. Final repair application.

1. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of 4.8 pounds per gallon of coating, excluding water, as delivered by the coating applicator.

2. Achievement of the emission standard in subsection D 1 of this section by use of methods in 9VAC5-40-3890 D will be acceptable to the board.

E. Anti-chip coating application.

1. Except as provided in subsection E 2 of this section, no owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of:

a. 3.5 pounds per gallon of coating, excluding water, delivered to a coating applicator that applies extreme performance coatings; or

b. 3.0 pounds per gallon of coating, excluding water, delivered to a coating applicator for all other coatings and coating application systems.

2. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of 2.8 pounds per gallon of coating, excluding water, delivered to a coating applicator that applies anti-chip coatings to the visible surface of main body parts.

3. Achievement of the emission standard in subsections E 1 and 2 of this section by use of methods in 9VAC5-40-3890 E will be acceptable to the board.

F. The provisions of subsections A, B, and C of this section shall not be applicable to the use of wheel enamels, anti-rust coatings, and sealers or other coating operations not associated with prime, guidecoat, or topcoat application to the vehicle body.

G. No owner or other person shall use any coating application system or equipment unless reasonable precautions are taken to minimize the discharge of emissions from cleaning or purging operations. Reasonable precautions may include the following:

1. The use of capture or control devices or both;

2. The use of detergents, high pressure water, or other non-volatile cleaning methods;

3. The minimization of the quantity of volatile organic compounds used to clean lines of equipment; or

4. The adjustment of production schedules to minimize coating changes thereby reducing the need for frequent cleaning or purging of a system.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2803, eff. July 1, 1991.

9VAC5-40-3890. Control technology guidelines.

A. Prime application. The control technology should consist of one or more of the following:

1. Use of electrodeposited waterborne coatings.

2. Use of other waterborne coatings.

3. Use of lower solvent (higher solids) organic solvent-borne systems.

4. Carbon adsorption.

5. Incineration.

6. Any technology of equal or greater control efficiency when compared to the use of a coating complying with 9VAC5-40-3880 A 1, provided such technology is approved by the board.

B. Guidecoat application. The control technology should consist of one or more of the following:

1. Use of waterborne coatings;

2. Use of lower solvent (higher solids) organic solvent-borne systems;

3. Carbon adsorption; and

4. Incineration; or

5. Any technology of equal or greater control efficiency when compared to the use of a coating complying with 9VAC5-40-3880 B 1, provided such technology is approved by the board.

C. Topcoat application. The control technology should consist of one or more of the following:

1. Use of waterborne coatings;

2. Use of lower solvent (higher solids) organic solvent-borne systems;

3. Carbon adsorption; and

4. Incineration; or

5. Any technology of equal or greater control efficiency when compared to the use of a coating complying with 9VAC5-40-3880 C 1, provided such technology is approved by the board.

D. Final repair application. The control technology should consist of one or more of the following:

1. Use of lower solvent (higher solids) organic solvent borne systems;

2. Carbon adsorption; and

3. Incineration; or

4. Any technology of equal or greater control efficiency when compared to the use of a coating complying with 9VAC5-40-3880 D 1, provided such technology is approved by the board.

E. Anti-chip coating application. The control technology should consist of one or more of the following:

1. Use of electrodeposited waterborne coatings;

2. Use of other waterborne coatings;

3. Use of high solids coatings;

4. Use of powder coatings;

5. Carbon adsorption; and

6. Incineration; or

7. Any technology of equal or greater control efficiency when compared to the use of a coating complying with 9VAC5-40-3880 E 1, provided such technology is approved by the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2804, eff. July 1, 1991.

9VAC5-40-3900. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2805, eff. January 1, 1985.

9VAC5-40-3910. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2806, eff. January 1, 1985.

9VAC5-40-3920. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2807, eff. January 1, 1985.

9VAC5-40-3930. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2808, eff. January 1, 1985.

9VAC5-40-3940. Compliance.

A. The provisions of 9VAC5-40-20 (Compliance) apply.

B. The emission standards in 9VAC5-40-3880 apply coating by coating or to the volume weighted average of coatings where the coatings are used on a single coating application system and the coatings are the same type or perform the same function. Such averaging shall not exceed 24 hours.

C. Compliance determinations for control technologies not based on compliant coatings (i.e., coating formulation alone) shall be based on the applicable standard in terms of pounds of volatile organic compounds per gallon solids or pounds of volatile organic compounds per gallon solids applied according to the applicable procedure in 9VAC5-20-121. Compliance may also be based on transfer efficiency greater than the board accepted baseline transfer efficiency if demonstrated by methods acceptable to the board according to the applicable procedure in 9VAC5-20-121.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2809, eff. January 1, 1985.

9VAC5-40-3950. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2810, eff. January 1, 1985.

9VAC5-40-3960. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2811, eff. January 1, 1985.

9VAC5-40-3970. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2812, eff. January 1, 1985.

9VAC5-40-3980. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2813, eff. January 1, 1985.

9VAC5-40-3990. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2814, eff. January 1, 1985.

9VAC5-40-4000. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2815, eff. January 1, 1985.

Article 29
Emission Standards for Can Coating Application Systems (Rule 4-29)

9VAC5-40-4010. Applicability and designation of affected facility.

A. Except as provided in subsection C of this section, the affected facility to which the provisions of this article apply is each can coating application system.

B. The provisions of this article apply only to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5-20-206.

C. The provisions of this article do not apply to coating application systems used exclusively for determination of product quality and commercial acceptance provided:

1. The operation is not an integral part of the production process;

2. The emissions from all product quality coating application systems do not exceed 400 pounds in any 30 day period; and

3. The exemption is approved by the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2901, eff. July 1, 1991.

9VAC5-40-4020. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Application area" means the area where the coating is applied by spraying, dipping or flow coating techniques.

"Carbon adsorption system" means a device containing activated carbon as the adsorbent material, an inlet and outlet for exhaust gases, and a system to regenerate the saturated adsorbent. The carbon adsorption system must provide for the proper disposal or reuse of all volatile organic compounds in the adsorbate.

"Coating applicator" means an apparatus used to apply a surface coating.

"Coating application system" means any operation or system where a surface coating of one type or function is applied, dried or cured and which is subject to the same emission standard. May include any equipment which applies, conveys, dries or cures a surface coating, including, but not limited to, spray booths, flow coaters, flashoff areas, air dryers, drying areas and flashoff area or drying area to be included in this definition.

"Flashoff area" means the space between the application area and the oven.

"Oven" means a chamber within which heat is used to bake, cure, polymerize or dry a surface coating or any combination of those.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2902, eff. July 1, 1991.

9VAC5-40-4030. Standard for volatile organic compounds.

A. Sheet basecoat (exterior and interior) and overvarnish; two-piece can exterior (basecoat and overvarnish).

1. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of 2.8 pounds per gallon of coating, excluding water, as delivered by the coating applicator.

2. Achievement of the emission standard in subsection A 1 of this section by use of methods in 9VAC5-40-4040 A will be acceptable to the board.

B. Two-piece and three-piece can interior body spray; two-piece can exterior end (spray or roll coat).

1. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of 4.2 pounds per gallon of coating, excluding water, as delivered by the coating applicator.

2. Achievement of the emission standard in subsection B 1 of this section by use of methods in 9VAC5-40-4040 B will be acceptable to the board.

C. Three-piece can side-seam spray.

1. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of 5.5 pounds per gallon of coating, excluding water, as delivered by the coating applicator.

2. Achievement of the emission standard in subsection C 1 of this section by use of methods in 9VAC5-40-4040 C will be acceptable to the board.

D. End sealing compound coating.

1. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of 3.7 pounds per gallon of coating, excluding water, as delivered by the coating applicator.

2. Achievement of the emission standard in subsection D 1 of this section by use of methods in 9VAC5-40-4040 D will be acceptable to the board.

E. No owner or other person shall use any coating system or equipment unless reasonable precautions are taken to minimize the discharge of emissions from cleaning or purging operations. Reasonable precautions may include the following:

1. The use of capture or control devices or both;

2. The use of detergents, high pressure water, or other non-volatile cleaning methods;

3. The minimization of the quantity of volatile organic compounds used to clean lines of equipment; and

4. The adjustment of production schedules to minimize coating changes thereby reducing the need for frequent cleaning or purging of a system.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2903, eff. July 1, 1991.

9VAC5-40-4040. Control technology guidelines.

A. Sheet basecoat (exterior and interior) and overvarnish; two-piece can exterior (basecoat and overvarnish). The control technology should consist of one or more of the following:

1. Use of electrodeposited waterborne coatings;

2. Use of ultraviolet coatings;

3. Use of high solids coatings;

4. Carbon adsorption; and

5. Incineration; or

6. Any technology of equal or greater control efficiency when compared to the use of coating complying with 9VAC5-40-4030 A 1, provided such technology is approved by the board.

B. Two-piece and three-piece can interior body spray; two-piece can exterior end (spray or roll coat). The control technology should consist of one or more of the following:

1. Use of waterborne coatings;

2. Use of powder coatings;

3. Use of high-solids coatings;

4. Carbon adsorption; and

5. Incineration; or

6. Any technology of equal or greater control efficiency when compared to the use of coating complying with 9VAC5-40-4030 B 1, provided such technology is approved by the board.

C. Three-piece can side-seam spray. The control technology should consist of one or more of the following:

1. Use of waterborne coatings;

2. Use of powder coatings; and

3. Use of high solids coatings; or

4. Any technology of equal or greater control efficiency when compared to the use of coating complying with 9VAC5-40-4030 C 1, provided such technology is approved by the board.

D. End sealing compound coating. The control technology should consist of one or more of the following:

1. Use of waterborne coatings;

2. Use of high-solids coatings; or

3. Any technology of equal or greater control efficiency when compared to the use of coating complying with 9VAC5-40-4030 D 1, provided such technology is approved by the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2904, eff. July 1, 1991.

9VAC5-40-4050. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2905, eff. January 1, 1985.

9VAC5-40-4060. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2906, eff. January 1, 1985.

9VAC5-40-4070. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2907, eff. January 1, 1985.

9VAC5-40-4080. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2908, eff. January 1, 1985.

9VAC5-40-4090. Compliance.

A. The provisions of 9VAC5-40-20 (Compliance) apply.

B. The emission standards in 9VAC5-40-4030 apply coating by coating or to the volume weighted average of coatings where the coatings are used on a single coating application system and the coatings are the same type or perform the same function. Such averaging shall not exceed 24 hours.

C. Compliance determinations for control technologies not based on compliant coatings (i.e., coating formulation alone) shall be based on the applicable standard in terms of pounds of volatile organic compounds per gallon solids or pounds of volatile organic compounds per gallon solids applied according to the applicable procedure in 9VAC5-20-121. Compliance may also be based on transfer efficiency greater than the board accepted baseline transfer efficiency if demonstrated by methods acceptable to the board according to the applicable procedure in 9VAC5-20-121.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2909, eff. July 1, 1991.

9VAC5-40-4100. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2910, eff. January 1, 1985.

9VAC5-40-4110. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2911, eff. January 1, 1985.

9VAC5-40-4120. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2912, eff. January 1, 1985.

9VAC5-40-4130. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2913, eff. January 1, 1985.

9VAC5-40-4140. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2914, eff. January 1, 1985.

9VAC5-40-4150. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2915, eff. January 1, 1985.

Article 30
Emission Standards for Metal Coil Coating Application Systems (Rule 4-30)

9VAC5-40-4160. Applicability and designation of affected facility.

A. Except as provided in subsection C of this section, the affected facility to which the provisions of this article apply is each metal coil coating application system.

B. The provisions of this article apply only to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5-20-206.

C. The provisions of this article do not apply to coating application systems used exclusively for determination of product quality and commercial acceptance provided:

1. The operation is not an integral part of the production process;

2. The emissions from all product quality coating application systems do not exceed 400 pounds in any 30 day period; and

3. The exemption is approved by the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3001, eff. July 1, 1991.

9VAC5-40-4170. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Application area" means the area where the coating is applied by spraying, dipping or flow coating techniques.

"Coating applicator" means an apparatus used to apply a surface coating.

"Coating application system" means any operation or system wherein a surface coating of one type or function is applied, dried or cured and which is subject to the same emission standard. May include any equipment which applies, conveys, dries or cures a surface coating, including, but not limited to, spray booths, flow coaters, flashoff areas, air dryers, drying areas and ovens. It is not necessary for a coating application system to have an oven, flashoff area or drying area to be included in this definition.

"Coil coating" means the coating of any flat metal sheet or strip that comes in rolls or coils.

"Flashoff area" means the space between the application area and the oven.

"Oven" means a chamber within which heat is used to bake, cure, polymerize or dry a surface coating or any combination of those.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3002, eff. July 1, 1991.

9VAC5-40-4180. Standard for volatile organic compounds.

A. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of 2.6 pounds per gallon of coating, excluding water, as delivered by the coating applicator.

B. Achievement of the emission standard in subsection A of this section by use of methods in 9VAC5-40-4190 will be acceptable to the board.

C. No owner or other person shall use any coating application system or equipment unless reasonable precautions are taken to minimize the discharge of emissions from cleaning or purging operations. Reasonable precautions may include the following:

1. The use of capture or control devices or both;

2. The use of detergents, high pressure water, or other non-volatile cleaning methods;

3. The minimization of the quantity of volatile organic compounds used to clean lines of equipment; and

4. The adjustment of production schedules to minimize coating changes thereby reducing the need for frequent cleaning or purging of a system.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3003, eff. July 1, 1991.

9VAC5-40-4190. Control technology guidelines.

Control technology should consist of one of the following:

1. Use of electrodeposited waterborne coatings;

2. Use of other waterborne coatings;

3. Use of high-solids coatings;

4. Incineration; or

5. Any technology of equal or greater control efficiency when compared to the use of a coating complying with 9VAC5-40-4180 A, provided such technology is approved by the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3004, eff. July 1, 1991.

9VAC5-40-4200. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3005, eff. January 1, 1985.

9VAC5-40-4210. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3006, eff. January 1, 1985.

9VAC5-40-4220. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3007, eff. January 1, 1985.

9VAC5-40-4230. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3008, eff. January 1, 1985.

9VAC5-40-4240. Compliance.

A. The provisions of 9VAC5-40-20 (Compliance) apply.

B. The emission standards in 9VAC5-40-4180 apply coating by coating or to the volume weighted average of coatings where the coatings are used on a single coating application system and the coatings are the same type or perform the same function. Such averaging shall not exceed 24 hours.

C. Compliance determinations for control technologies not based on compliant coatings (i.e., coating formulation alone) shall be based on the applicable standard in terms of pounds of volatile organic compounds per gallon solids or pounds of volatile organic compounds per gallon solids applied according to the applicable procedure in 9VAC5-20-121. Compliance may also be based on transfer efficiency greater than the board accepted baseline transfer efficiency if demonstrated by methods acceptable to the board according to the applicable procedure in 9VAC5-20-121.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3009, eff. July 1, 1991.

9VAC5-40-4250. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3010, eff. January 1, 1985.

9VAC5-40-4260. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3011, eff. January 1, 1985.

9VAC5-40-4270. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3012, eff. January 1, 1985.

9VAC5-40-4280. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3013, eff. January 1, 1985.

9VAC5-40-4290. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3014, eff. January 1, 1985.

9VAC5-40-4300. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3015, eff. January 1, 1985.

Article 31
Emission Standards for Paper and Fabric Coating Application Systems (Rule 4-31)

9VAC5-40-4310. Applicability and designation of affected facility.

A. Except as provided in subsections C and D of this section, the affected facility to which the provisions of this article apply is each paper or fabric coating application system or both.

B. The provisions of this article apply only to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5-20-206.

C. Exempted from the provisions of this article are coating plants whose emissions of volatile organic compounds are not more than 2.7 tons per year, 15 pounds per day and three pounds per hour, based on the actual emissions rate. All volatile organic compound emissions from purging or washing solvents shall be considered in applying the exemption levels specified in this subsection.

D. The provisions of this article do not apply to coating application systems used exclusively for determination of product quality and commercial acceptance provided:

1. The operation is not an integral part of the production process;

2. The emissions from all product quality coating application systems do not exceed 400 pounds in any 30 day period; and

3. The exemption is approved by the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3101, eff. July 1, 1991.

9VAC5-40-4320. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Application area" means the area where the coating is applied by spraying, dipping or flow coating techniques.

"Carbon adsorption system" means a device containing activated carbon as the adsorbent material, an inlet and outlet for exhaust gases, and a system to regenerate the saturated adsorbent. The carbon adsorption system must provide for the proper disposal or reuse of all volatile organic compounds in the adsorbate.

"Coating applicator" means an apparatus used to apply a surface coating.

"Coating application system" means any operation or system wherein a surface coating of one type or function is applied, dried or cured and which is subject to the same emission standard. May include any equipment which applies, conveys, dries or cures a surface coating, including, but not limited to, spray booths, flow coaters, flashoff areas, air dryers, drying areas and ovens. It is not necessary for a coating application system to have an oven, flashoff area or drying area to be included in this definition.

"Fabric coating" means the coating of a textile substrate by knife, roll or rotogravure coating to impart properties that are not initially present, such as strength, stability, water or acid repellency, or appearance.

"Flashoff area" means the space between the application area and the oven.

"Knife coating" means the application of a coating material to a substrate by means of drawing the substrate beneath a knife that spreads the coating evenly over the full width of the substrate.

"Oven" means a chamber within which heat is used to bake, cure, polymerize or dry a surface coating or any combination of those.

"Paper coating" means the coating of paper and pressure sensitive tapes regardless of substrate by knife, roll or rotogravure coating. Related wet coating process on plastic films and decorative coatings on metal foil are included in this definition.

"Roll coating" means the application of a coating material to a substrate by means of hard rubber or metal rolls.

"Rotogravure coating" means the application of a coating material to a substrate by means of a roll coating technique in which the pattern to be applied is etched on the coating roll. The coating material is picked up in these recessed areas and is transferred to the substrate.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3102, eff. July 1, 1991.

9VAC5-40-4330. Standard for volatile organic compounds.

A. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of 2.9 pounds per gallon of coating, excluding water, as delivered by the coating applicator.

B. Achievement of the emission standard in subsection A of this section by use of methods in 9VAC5-40-4340 will be acceptable to the board.

C. The provisions of this section shall not be applicable to the production of packaging materials and to printing (graphic arts) operations to the extent provided in subsection D of this section.

D. The production of packaging materials involves two principal operations which emit volatile organic compounds: the coating and laminating of paper, film and foil, and the printing of words, designs and pictures upon webs of paper, film and foil. For the purposes of applicability of the above emission standard, coating is the application of a layer of material across any portion of the web and printing is the formation of words, designs and pictures, usually by a series of application rolls each with only partial coverage. The above emission standard applies to coating and laminating operations in the production of packaging materials, but does not apply to printing operations in the production of packaging materials and to publication rotogravure printing operations (the emission standards in Article 36 (9VAC5-40-5060 et seq.) of this chapter apply to such operations). However, all units in a machine which have both coating and printing units will be considered as performing a printing operation. A typical operation is as follows: the first unit applies a uniform background color, subsequent units print additional colors, the final unit applies a varnish overcoat. Such a machine would not be subject to the above emission standard, but would be subject to the emission standards in Article 36 (9VAC5-40-5060 et seq.) of this chapter.

E. No owner or other person shall use any coating application system or equipment unless reasonable precautions are taken to minimize the discharge or emissions from cleaning or purging operations. Reasonable precautions may include the following:

1. The use of capture or control devices or both;

2. The use of detergents, high pressure water, or other non-volatile cleaning methods;

3. The minimization of the quantity of volatile organic compounds used to clean lines of equipment; and

4. The adjustment of production schedules to minimize coating changes thereby reducing the need for frequent cleaning or purging of a system.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3103, eff. July 1, 1991.

9VAC5-40-4340. Control technology guidelines.

The control technology should consist of one of the following:

1. Use of waterborne coatings;

2. Use of high-solids coatings;

3. Use of other low solvent coatings, provided such coatings are approved by the board;

4. Carbon adsorption;

5. Incineration; or

6. Any technology of equal or greater control efficiency when compared to the use of a coating complying with 9VAC5-40-4330 A, provided such technology is approved by the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3104, eff. July 1, 1991.

9VAC5-40-4350. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3105, eff. January 1, 1985.

9VAC5-40-4360. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3106, eff. January 1, 1985.

9VAC5-40-4370. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3107, eff. January 1, 1985.

9VAC5-40-4380. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3108, eff. January 1, 1985.

9VAC5-40-4390. Compliance.

A. The provisions of 9VAC5-40-20 (Compliance) apply.

B. The emission standards in 9VAC5-40-4330 apply coating by coating or to the volume weighted average of coatings where the coatings are used on a single coating application system and the coatings are the same type or perform the same function. Such averaging shall not exceed 24 hours.

C. Compliance determinations for control technologies not based on compliant coatings (i.e., coating formulation alone) shall be based on the applicable standard in terms of pounds of volatile organic compounds per gallon solids or pounds of volatile organic compounds per gallon solids applied according to the applicable procedure in 9VAC5-20-121. Compliance may also be based on transfer efficiency greater than the board accepted baseline transfer efficiency if demonstrated by methods acceptable to the board according to the applicable procedure in 9VAC5-20-121.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3109, eff. July 1, 1991.

9VAC5-40-4400. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3110, eff. January 1, 1985.

9VAC5-40-4410. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3111, eff. January 1, 1985.

9VAC5-40-4420. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3112, eff. January 1, 1985.

9VAC5-40-4430. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3113, eff. January 1, 1985.

9VAC5-40-4440. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3114, eff. January 1, 1985.

9VAC5-40-4450. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3115, eff. January 1, 1985.

Article 32
Emission Standards for Vinyl Coating Application Systems (Rule 4-32)

9VAC5-40-4460. Applicability and designation of affected facility.

A. Except as provided in subsection C of this section, the affected facility to which the provisions of this article apply is each vinyl coating application system.

B. The provisions of this article apply only to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5-20-206.

C. The provisions of this article do not apply to coating application systems used exclusively for determination of product quality and commercial acceptance provided:

1. The operation is not an integral part of the production process;

2. The emissions from all product quality application systems do not exceed 400 pounds in any 30 day period; and

3. The exemption is approved by the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3201, eff. July 1, 1991.

9VAC5-40-4470. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Application area" means the area where the coating is applied by spraying, dipping or flow coating techniques.

"Carbon adsorption system" means a device containing activated carbon as the adsorbent material, an inlet and outlet for exhaust gases, and a system to regenerate the saturated adsorbent. The carbon adsorption system must provide for the proper disposal or reuse of all volatile organic compounds in the adsorbate.

"Coating applicator" means an apparatus used to apply a surface coating.

"Coating application system" means any operation or system wherein a surface coating of one type or function is applied, dried or cured and which is subject to the same emission standard. May include any equipment which applies, conveys, dries or cures a surface coating, including, but not limited to, spray booths, flow coaters, flashoff areas, air dryers, drying areas and ovens. It is not necessary for a coating application system to have an oven, flashoff area or drying area to be included in this definition.

"Flashoff area" means the space between the application area and the oven.

"Oven" means a chamber within which heat is used to bake, cure, polymerize or dry a surface coating or any combination of those.

"Vinyl coating" means applying a decorative or protective topcoat, or printing on vinyl coated fabric or vinyl sheets.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3202, eff. July 1, 1991.

9VAC5-40-4480. Standard for volatile organic compounds.

A. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of 3.8 pounds per gallon of coating, excluding water, as delivered by the coating applicator.

B. Achievement of the emission standard in subsection A of this section by use of methods in 9VAC5-40-4490 will be acceptable to the board.

C. No owner or other person shall use any coating system or equipment unless reasonable precautions are taken to minimize the discharge of emissions from cleaning or purging operations. Reasonable precautions may include the following:

1. The use of capture or control devices or both;

2. The use of detergents, high pressure water, or other nonvolatile cleaning methods;

3. The minimization of the quantity of volatile organic compounds used to clean lines of equipment; and

4. The adjustment of production schedules to minimize coating changes thereby reducing the need for frequent cleaning or purging of a system.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3203, eff. July 1, 1991.

9VAC5-40-4490. Control technology guidelines.

The control technology should consist of one of the following:

1. Use of waterborne coatings;

2. Use of high-solids coatings;

3. Carbon adsorption;

4. Incineration; or

5. Any technology of equal or greater control efficiency when compared to the use of a coating complying with 9VAC5-40-4480 A, provided such technology is approved by the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3204, eff. July 1, 1991.

9VAC5-40-4500. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3205, eff. January 1, 1985.

9VAC5-40-4510. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3206, eff. January 1, 1985.

9VAC5-40-4520. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3207, eff. January 1, 1985.

9VAC5-40-4530. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3208, eff. January 1, 1985.

9VAC5-40-4540. Compliance.

A. The provisions of 9VAC5-40-20 (Compliance) apply.

B. The emission standards in 9VAC5-40-4480 apply coating by coating or to the volume weighted average of coatings where the coatings are used on a single coating application system and the coatings are the same type or perform the same function. Such averaging shall not exceed 24 hours.

C. Compliance determinations for control technologies not based on compliant coatings (i.e., coating formulation alone) shall be based on the applicable standard in terms of pounds of volatile organic compounds per gallon solids or pounds of volatile organic compounds per gallon solids applied according to the applicable procedure in 9VAC5-20-121. Compliance may also be based on transfer efficiency greater than the board accepted baseline transfer efficiency if demonstrated by methods acceptable to the board according to the applicable procedure in 9VAC5-20-121.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3209, eff. July 1, 1991.

9VAC5-40-4550. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3210, eff. January 1, 1985.

9VAC5-40-4560. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3211, eff. January 1, 1985.

9VAC5-40-4570. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3212, eff. January 1, 1985.

9VAC5-40-4580. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3213, eff. January 1, 1985.

9VAC5-40-4590. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3214, eff. January 1, 1985.

9VAC5-40-4600. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3215, eff. January 1, 1985.

Article 33
Emission Standards for Metal Furniture Coating Application Systems (Rule 4-33)

9VAC5-40-4610. Applicability and designation of affected facility.

A. Except as provided in subsection C of this section, the affected facility to which the provisions of this article apply is each metal furniture coating application system.

B. The provisions of this article apply only to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5-20-206.

C. The provisions of this article do not apply to coating application systems used exclusively for determination of product quality and commercial acceptance provided:

1. The operation is not an integral part of the production process;

2. The emissions from all product quality coating application systems do not exceed 400 pounds in any 30 day period; and

3. The exemption is approved by the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3301, eff. July 1, 1991.

9VAC5-40-4620. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Application area" means the area where the coating is applied by spraying, dipping or flow coating techniques.

"Carbon adsorption system" means a device containing activated carbon as the adsorbent material, an inlet and outlet for exhaust gases, and a system to regenerate the saturated adsorbent. The carbon adsorption system must provide for the proper disposal or reuse of all volatile organic compounds in the adsorbate.

"Coating applicator" means an apparatus used to apply a surface coating.

"Coating application system" means any operation or system where a surface coating of one type or function is applied, dried or cured and which is subject to the same emission standard. May include any equipment which applies, conveys, dries or cures a surface coating, including, but not limited to, spray booths, flow coaters, flashoff areas, air dryers, drying areas and ovens. It is not necessary for a coating application system to have an oven, flashoff area or drying area to be included in this definition.

"Flashoff area" means the space between the application area and the oven.

"Metal furniture coating" means the surface coating of any furniture made of metal or any metal part which will be assembled with other metal, wood, fabric, plastic or glass parts to form a furniture piece.

"Oven" means a chamber within which heat is used to bake, cure, polymerize or dry a surface coating or any combination of those.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3302, eff. July 1, 1991.

9VAC5-40-4630. Standard for volatile organic compounds.

A. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of 3.0 pounds per gallon of coating, excluding water, as delivered by the coating applicator.

B. Achievement of the emission standard in subsection A of this section by use of methods in 9VAC5-40-4640 will be acceptable to the board.

C. No owner or other person shall use any coating system or equipment unless reasonable precautions are taken to minimize the discharge of emissions from cleaning or purging operations. Reasonable precautions may include the following:

1. The use of capture or control devices or both;

2. The use of detergents, high pressure water, or other nonvolatile cleaning methods;

3. The minimization of the quantity of volatile organic compounds used to clean lines of equipment; and

4. The adjustment of production schedules to minimize coating changes thereby reducing the need for frequent cleaning or purging of a system.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3303, eff. July 1, 1991.

9VAC5-40-4640. Control technology guidelines.

The control technology should consist of one or more of the following:

1. Use of electrodeposited waterborne coatings.

2. Use of other waterborne coatings.

3. Use of powder coatings.

4. Use of high-solids coatings.

5. Carbon adsorption.

6. Incineration.

7. Any technology of equal or greater control efficiency when compared to the use of a coating complying with 9VAC5-40-4630 A, provided such technology is approved by the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3304, eff. July 1, 1991.

9VAC5-40-4650. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3305, eff. January 1, 1985.

9VAC5-40-4660. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3306, eff. January 1, 1985.

9VAC5-40-4670. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3307, eff. January 1, 1985.

9VAC5-40-4680. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3308, eff. January 1, 1985.

9VAC5-40-4690. Compliance.

A. The provisions of 9VAC5-40-20 (Compliance) apply.

B. The emission standards in 9VAC5-40-4630 apply coating by coating or to the volume weighted average of coatings where the coatings are used on a single coating application system and the coatings are the same type or perform the same function. Such averaging shall not exceed 24 hours.

C. Compliance determinations for control technologies not based on compliant coatings (i.e., coating formulation alone) shall be based on the applicable standard in terms of pounds of volatile organic compounds per gallon solids or pounds of volatile organic compounds per gallon solids applied according to the applicable procedure in 9VAC5-20-121. Compliance may also be based on transfer efficiency greater than the board accepted baseline transfer efficiency if demonstrated by methods acceptable to the board according to the applicable procedure in 9VAC5-20-121.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3309, eff. July 1, 1991.

9VAC5-40-4700. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3310, eff. January 1, 1985.

9VAC5-40-4710. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3311, eff. January 1, 1985.

9VAC5-40-4720. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3312, eff. January 1, 1985.

9VAC5-40-4730. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3313, eff. January 1, 1985.

9VAC5-40-4740. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3314, eff. January 1, 1985.

9VAC5-40-4750. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3315, eff. January 1, 1985.

Article 34
Emission Standards for Miscellaneous Metal Parts and Products Coating Application Systems (Rule 4-34)

9VAC5-40-4760. Applicability and designation of affected facility.

A. Except as provided in subsections C and D of this section, the affected facility to which the provisions of this article apply is each miscellaneous metal parts and products coating application system.

B. The provisions of this article apply only to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5-20-206. On and after February 1, 2017, this article does not apply to sources in the Northern Virginia Volatile Organic Compound Emissions Control Area designated in 9VAC5-20-206. These sources are subject to Article 59 (9VAC5-40-8810 et seq.) of this part.

C. Exempted from the provisions of this article are coating plants whose emissions of volatile organic compounds are not more than 2.7 tons per year, 15 pounds per day and three pounds per hour, based on the actual emission rate. All volatile organic compound emissions from purging or washing solvents shall be considered in applying the exemption levels specified in this subsection.

D. The provisions of this article do not apply to the following:

1. Coating application systems used exclusively for determination of product quality and commercial acceptance provided:

a. The operation is not an integral part of the production process;

b. The emissions from all product quality coating application systems do not exceed 400 pounds in any 30 day period; and

c. The exemption is approved by the board.

2. Vehicle refinishing operations.

3. Vehicle customized coating operations, if production is less than 20 vehicles per day.

4. Fully assembled aircraft and marine vessel exterior coating operations.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the federal Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from VR120-04-3401, eff. July 1, 1991; amended, Virginia Register Volume 32, Issue 7, eff. February 1, 2016.

9VAC5-40-4770. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Application area" means the area where the coating is applied by spraying, dipping or flow coating techniques.

"Carbon adsorption system" means a device containing activated carbon as the adsorbent material, an inlet and outlet for exhaust gases, and a system to regenerate the saturated adsorbent. The carbon adsorption system must provide for the proper disposal or reuse of all volatile organic compounds in the adsorbate.

"Clear coating" means a coating which lacks color and opacity or is transparent and uses the undercoat as a reflectant base or undertone color.

"Coating application system" means any operation or system where a surface coating of one type or function is applied, dried or cured and which is subject to the same emission standard. May include any equipment which applies, conveys, dries or cures a surface coating, including, but not limited to, spray booths, flow coaters, flashoff areas, air dryers, drying areas and ovens. It is not necessary for a coating application system to have an oven, flashoff area or drying area to be included in this definition.

"Coating applicator" means an apparatus used to apply a surface coating.

"Extreme environmental conditions" means exposure to any one of the following: the weather all of the time, temperatures consistently above 95°C, detergents, scouring, solvents, corrosive atmospheres or similar environmental conditions.

"Extreme performance coatings" means coatings which are required to be used by design specification on products designed for harsh exposure or extreme environmental conditions.

"Flashoff area" means the space between the application area and the oven.

"Miscellaneous metal parts and products" means any part or product from the following industrial categories:

a. Large farm machinery (harvesting, fertilizing and planting machines, tractors, combines, etc.);

b. Small farm machinery (lawn and garden tractors, lawn mowers, rototillers, etc.);

c. Small appliances (fans, mixers, blenders, crock pots, dehumidifiers, vacuum cleaners, etc.);

d. Commercial machinery (computers and auxiliary equipment, typewriters, calculators, vending machines, etc.);

e. Industrial machinery (pumps, compressors, conveyor components, fans, blowers, transformers, etc.);

f. Fabricated metal products (i.e., metal covered doors, frames); and

g. Any other industrial category which coats metal parts or products under the Standard Industrial Classification Code of Major Group 33 (primary metal industries), Major Group 34 (fabricated metal products), Major Group 35 (nonelectrical machinery), Major Group 36 (electrical machinery), Major Group 37 (transportation equipment), Major Group 38 (miscellaneous instruments), Major Group 39 (miscellaneous manufacturing industries), Major Group 40 (railroad transportation), and Major Group 41 (transit passenger transportation). "Major groups" (i.e., which have the same two-digit code) shall be described in the Standard Industrial Classification Manual (see 9VAC5-20-21).

"Oven" means a chamber within which heat is used to bake, cure, polymerize or dry a surface coating or any combination of those.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3402, eff. July 1, 1991.

9VAC5-40-4780. Standard for volatile organic compounds.

A. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of:

1. 4.3 pounds per gallon of coating, excluding water, delivered to the coating applicator that applies clear coatings;

2. 3.5 pounds per gallon of coating, excluding water, delivered to a coating applicator in a coating application system that utilizes air or forced air driers;

3. 3.5 pounds per gallon of coating, excluding water, delivered to a coating applicator that applies extreme performance coatings, or

4. 3.0 pounds per gallon of coating, excluding water, delivered to a coating applicator for all other coatings and coating application systems.

B. If more than one emission limitation in subsection A of this section applies to a specific coating, then the least stringent emission limitation shall be applied.

C. Achievement of the emission standard in subsection A of this section by use of methods in 9VAC5-40-4790 will be acceptable to the board.

D. No owner or other person shall use any coating application system or equipment unless reasonable precautions are taken to minimize the discharge or emissions from cleaning or purging operations. Reasonable precautions may include the following:

1. The use of capture or control devices or both;

2. The use of detergents, high pressure water, or other non-volatile cleaning methods;

3. The minimization of the quantity of volatile organic compounds used to clean lines of equipment; and

4. The adjustment of production schedules to minimize coating changes thereby reducing the need for frequent cleaning or purging of a system.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3403, eff. July 1, 1991.

9VAC5-40-4790. Control technology guidelines.

The control technology should consist of one of the following:

1. Use of electrodeposited waterborne coatings;

2. Use of waterborne coatings;

3. Use of high-solids coatings;

4. Use of powder coatings;

5. Carbon adsorption;

6. Incineration; or

7. Any technology of equal or greater control efficiency when compared to the use of a coating complying with 9VAC5-40-4780 A, provided such technology is approved by the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3404, eff. July 1, 1991.

9VAC5-40-4800. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3405, eff. January 1, 1985.

9VAC5-40-4810. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3406, eff. January 1, 1985.

9VAC5-40-4820. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3407, eff. January 1, 1985.

9VAC5-40-4830. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3408, eff. January 1, 1985.

9VAC5-40-4840. Compliance.

A. The provisions of 9VAC5-40-20 (Compliance) apply.

B. The emission standards in 9VAC5-40-4780 apply coating by coating or to the volume weighted average of coatings where the coatings are used on a single coating application system and the coatings are the same type or perform the same function. Such averaging shall not exceed 24 hours.

C. Compliance determinations for control technologies not based on compliant coatings (i.e., coating formulation alone) shall be based on the applicable standard in terms of pounds of volatile organic compounds per gallon solids or pounds of volatile organic compounds per gallon solids applied according to the applicable procedure in 9VAC5-20-121. Compliance may also be based on transfer efficiency greater than the board accepted baseline transfer efficiency if demonstrated by methods acceptable to the board according to the applicable procedure in 9VAC5-20-121.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3409, eff. July 1, 1991.

9VAC5-40-4850. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3410, eff. January 1, 1985.

9VAC5-40-4860. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3411, eff. January 1, 1985.

9VAC5-40-4870. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3412, eff. January 1, 1985.

9VAC5-40-4880. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3413, eff. January 1, 1985.

9VAC5-40-4890. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3414, eff. January 1, 1985.

9VAC5-40-4900. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3415, eff. January 1, 1985.

Article 35
Emission Standards for Flatwood Paneling Coating Application Systems (Rule 4-35)

9VAC5-40-4910. Applicability and designation of affected facility.

A. Except as provided in subsection C of this section, the affected facility to which the provisions of this article apply is each flatwood paneling coating application system.

B. The provisions of this article apply only to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5-20-206.

C. The provisions of this article do not apply to the following:

1. Coating application systems used exclusively for determination of product quality and commercial acceptance provided:

a. The operation is not an integral part of the production process;

b. The emissions from all product quality coating application systems do not exceed 400 pounds in any 30 day period; and

c. The exemption is approved by the board.

2. Coating application systems involved in the manufacture of exterior siding, tileboard or particleboard used as a furniture component.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3501, eff. July 1, 1991.

9VAC5-40-4920. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Application area" means the area where the coating is applied by spraying, dipping or flow coating techniques.

"Carbon adsorption system" means a device containing activated carbon as the adsorbent material, an inlet and outlet for exhaust gases, and a system to regenerate the saturated adsorbent. The carbon adsorption system must provide for the proper disposal or reuse of all volatile organic compounds in the adsorbate.

"Class II Hardboard paneling finishes" means finishes which meet the specifications of Voluntary Product Standard PS-59-73 as approved by the American National Standards Institute.

"Coating application system" means any operation or system where a surface coating of one type or function is applied, dried or cured and which is subject to the same emission standard. May include any equipment which applies, conveys, dries or cures a surface coating, including, but not limited to, spray booths, flow coaters, flashoff areas, air dryers, drying areas and ovens. It is not necessary for a coating application system to have an oven, flashoff area or drying area to be included in this definition.

"Flashoff area" means the space between the application area and the oven.

"Hardboard" means a panel manufactured primarily from inter-felted lignocellulosic fibers which are consolidated under heat and pressure in hot-press.

"Hardwood plywood" means plywood whose surface layer is a veneer of hardwood.

"Natural finish hardwood plywood panels" means panels whose original grain pattern is enhanced by essentially transparent finishes frequently supplemented by fillers and toners.

"Oven" means a chamber within which heat is used to bake, cure, polymerize or dry a surface coating or any combination of these.

"Particleboard" means a manufactured board made of individual wood particles which have been coated with a binder and formed into flat sheets by pressure. Thin particleboard has a thickness of ¼ inch or less.

"Printed interior panels" means panels whose grain or natural surface is obscured by fillers and basecoats upon which a simulated grain or decorative pattern is printed.

"Tileboard" means paneling that has a colored waterproof surface coating.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3502, eff. July 1, 1991.

9VAC5-40-4930. Standard for volatile organic compounds.

A. Printed interior panels made of hardwood plywood and thin particleboard.

1. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of 6.0 pounds per 1,000 ft2 of coating surface, regardless of the number of coats applied.

2. Achievement of the emission standard in subsection A 1 of this section by use of methods in 9VAC5-40-4940 will be acceptable to the board.

B. Natural finish hardwood plywood panels.

1. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of 12.0 pounds per 1,000 ft2 of coated surface, regardless of the number of coats applied.

2. Achievement of the emission standard in subsection B 1 of this section by use of methods in 9VAC5-40-4940 will be acceptable to the board.

C. Class II hardboard paneling finishes.

1. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of 10.0 pounds per 1,000 ft2 of coated surface, regardless of the number of coats applied.

2. Achievement of the emission standard in subsection C 1 of this section by use of methods in 9VAC5-40-4940 will be acceptable to the board.

D. No owner or other person shall use any coating application system or equipment unless reasonable precautions are taken to minimize the discharge of emissions from cleaning or purging operations. Reasonable precautions may include the following:

1. The use of capture or control devices or both;

2. The use of detergents, high pressure water, or other nonvolatile cleaning methods;

3. The minimization of the quantity of volatile organic compounds used to clean lines of equipment; and

4. The adjustment of production schedules to minimize coating changes thereby reducing the need for frequent cleaning or purging of a system.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3503, eff. July 1, 1991.

9VAC5-40-4940. Control technology guidelines.

The control technology should consist of one or more of the following:

1. Use of waterborne coatings.

2. Use of high-solids coatings.

3. Use of ultraviolet curing systems.

4. Use of electron beam curing systems.

5. Carbon adsorption.

6. Incineration.

7. Any technology of equal or greater control efficiency when compared to the use of a coating complying with 9VAC5-40-4930 A, B, or C as applicable, provided such technology is approved by the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3504, eff. July 1, 1991.

9VAC5-40-4950. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3505, eff. January 1, 1985.

9VAC5-40-4960. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3506, eff. January 1, 1985.

9VAC5-40-4970. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3507, eff. January 1, 1985.

9VAC5-40-4980. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3508, eff. January 1, 1985.

9VAC5-40-4990. Compliance.

A. The provisions of 9VAC5-40-20 (Compliance) apply.

B. The emission standards in 9VAC5-40-4930 apply coating by coating or to the volume weighted average of coatings where the coatings are used on a single coating application system and the coatings are the same type or perform the same function. Such averaging shall not exceed 24 hours.

C. Compliance determinations for control technologies not based on compliant coatings (i.e., coating formulation alone) shall be based on the applicable standard in terms of pounds of volatile organic compounds per gallon solids or pounds of volatile organic compounds per gallon solids applied according to the applicable procedure in 9VAC5-20-121. Compliance may also be based on transfer efficiency greater than the board accepted baseline transfer efficiency if demonstrated by methods acceptable to the board according to the applicable procedure in 9VAC5-20-121.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3509, eff. July 1, 1991.

9VAC5-40-5000. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3510, eff. January 1, 1985.

9VAC5-40-5010. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3511, eff. January 1, 1985.

9VAC5-40-5020. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3512, eff. January 1, 1985.

9VAC5-40-5030. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3513, eff. January 1, 1985.

9VAC5-40-5040. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3514, eff. January 1, 1985.

9VAC5-40-5050. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3515, eff. January 1, 1985.

Article 36
Emission Standards for Flexographic, Packaging Rotogravure, and Publication Rotogravure Printing Lines (Rule 4-36)

9VAC5-40-5060. Applicability and designation of affected facility.

A. Except as provided in subsections C, D, and E of this section, the affected facility to which the provisions of this article apply is each flexographic, packaging rotogravure, or publication rotogravure printing line which uses a substrate other than a textile.

B. The provisions of this article apply only to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5-20-206.

C. Exempted from the provisions of this article are flexographic, packaging rotogravure, and publication rotogravure facilities in the Northern Virginia Volatile Organic Compound Emissions Control Area whose potential to emit is less than 25 tons per year of volatile organic compounds, provided the emission rates are determined in a manner acceptable to the board. All volatile organic compound emissions from printing inks and cleaning solutions shall be considered in applying the exemption levels specified in this subsection.

D. Exempted from the provisions of this article are flexographic, packaging rotogravure, and publication rotogravure facilities in all volatile organic compound emissions control areas, other than the Northern Virginia Volatile Organic Compound Emissions Control Area, whose potential to emit is less than 100 tons per year of volatile organic compounds, provided the emission rates are determined in a manner acceptable to the board. All volatile organic compound emissions from printing inks and cleaning solutions shall be considered in applying the exemption levels specified in this subsection.

E. The provisions of this article do not apply to the following:

1. Printing processes used exclusively for determination of product quality and commercial acceptance provided:

a. The operation is not an integral part of the production process;

b. The emissions from all product quality printing processes do not exceed 400 pounds in any 30 day period; and

c. The exemption is approved by the board.

2. Lithography or letterpress printing.

3. Electrostatic duplication.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110 and 182 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from VR120-04-3601, eff. July 1, 1991; amended, Virginia Register Volume 12, Issue 11, eff. April 1, 1996; Volume 22, Issue 26, eff. October 4, 2006.

9VAC5-40-5070. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Carbon adsorption system" means a device containing activated carbon as the adsorbent material, an inlet and outlet for exhaust gases, and a system to regenerate the saturated adsorbent. The carbon adsorption system must provide for the proper disposal or reuse of all volatile organic compounds in the adsorbate.

"Compliant ink or surface coating" means an ink or surface coating conforming to the definition of a high-solids, low-volatile organic compound or a waterborne ink or surface coating.

"Cleaning solutions" means any liquid used to remove ink and debris from the operating surface of a printing press and its parts.

"Electrostatic duplication" means a process using a plate or takeoff sheet that is electrically charged to attract developer to the image area only.

"Flexographic printing" means the application of words, designs or pictures by a rubber or elastomeric image carrier in which the image area is raised above the nonimage area.

"High-solids ink or surface coating" means an ink or surface coating which contains 60% or more nonvolatile compounds by volume.

"Letterpress printing" means a printing process which uses raised image transfer elements fixed upon a metal backing.

"Lithographic printing" means a planographic printing process in which the image and nonimage areas are chemically differentiated with the image area being oil receptive and the nonimage area being water receptive.

"Low-solvent ink or surface coating" means an ink or surface coating which contains not more than 0.5 pounds of volatile organic compounds per pound of nonvolatile compounds and is used on a packaging rotogravure printing or flexographic printing press.

"Noncompliant ink or surface coating" means an ink or surface coating which does not conform to the definition of a high-solids, low-volatile organic compound or waterborne ink or surface coating.

"Packaging rotogravure printing" means an intaglio printing process in which the ink is transferred from minute etched wells on an image carrier, typically a cylinder, to paper, paper board, metal foil, plastic film and other substrates, which are, in subsequent operations, formed into containers and labels for articles to be sold.

"Printing" means a photomechanical process in which a transfer of text, designs, and images occurs through contact of an image carrier with a substrate.

"Printing line" means all of the equipment between a web feed input and the finished rolled or cut and stacked product wherein printing ink or a combination of printing inks and surface coatings are applied, dried, or cured and which is subject to the same emission standard. Such equipment may include decks, stations, press units, devices, ink stations, and any other equipment which applies, conveys, dries, or cures surface inks or surface coatings. Such equipment may include but is not limited to flow coaters, flashoff areas, air dryers, drying areas, and ovens. It is not necessary for a printing line to have an oven, flashoff area, or drying area to be included in this definition.

"Printing process" means any operation or system wherein printing ink or a combination of printing ink and surface coating is applied, dried or cured and which is subject to the same emission standard. May include any equipment which applies, conveys, dries or cures inks or surface coatings, including, but not limited to, flow coaters, flashoff areas, air dryers, drying areas and ovens. It is not necessary for a printing process to have an oven, flashoff area or drying area to be included in this definition.

"Publication rotogravure printing" means an intaglio printing process in which the ink is transferred from minute etched wells on an image carrier, typically a cylinder, to paper which is subsequently formed into books, magazines, catalogues, brochures, directories, newspaper supplements or any other types of printed materials not included under the definition of packaging rotogravure printing.

"Surface coating" means all nonink liquids and liquid-solid mixtures containing volatile organic compounds which are applied to the substrate by printing units.

"Waterborne ink" or "surface coating" means an ink or surface coating whose volatile portion consists of 75% or more by volume of water and 25% or less by volume of volatile organic compounds.

"Web" means a continuous roll of printing substrate.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3602, eff. July 1, 1991; amended, Virginia Register Volume 12, Issue 11, eff. April 1, 1996.

9VAC5-40-5080. Standard for volatile organic compounds.

A. No owner or other person shall use or permit the use of any packaging rotogravure, publication rotogravure or flexographic printing line employing an ink or surface coating containing volatile organic compounds unless:

1. The ink or surface coating, as it is applied to the substrate, is a waterborne ink or surface coating;

2. The ink or surface coating, as it is applied to the substrate, is a high-solids ink or surface coating;

3. The ink or surface coating, as it is applied to the substrate, is a low-solvent ink or surface coating; or

4. The owner installs and operates an emission control system which achieves the emission reductions specified below in subdivision A 4 a through c of this section. The reduction in volatile organic compound emissions from each printing line shall be at least:

a. 75% by weight of volatile organic compounds of all noncompliant inks and surface coatings where a publication rotogravure printing process is employed;

b. 65% by weight of volatile organic compounds of all noncompliant inks and surface coatings where a packaging rotogravure printing process is employed; or

c. 60% by weight of volatile organic compounds of all noncompliant inks and surface coatings where a flexographic printing process is employed.

B. All units in a machine which has printing units and coating or laminating units shall be subject to this article and exempt from Article 31 (9VAC5-40-4310 et seq.) of this chapter.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3603, eff. July 1, 1991; amended, Virginia Register Volume 12, Issue 11, eff. April 1, 1996.

9VAC5-40-5090. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3605, eff. January 1, 1985.

9VAC5-40-5100. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3606, eff. January 1, 1985.

9VAC5-40-5110. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3607, eff. January 1, 1985.

9VAC5-40-5120. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3608, eff. January 1, 1985.

9VAC5-40-5130. Compliance.

A. The provisions of 9VAC5-40-20 (Compliance) apply.

B. The emission standards in 9VAC5-40-5080 A apply ink by ink and coating by coating or to the volume weighted average of inks or surface coatings where the inks and surface coatings are used on a single printing line and the inks and surface coatings are of the same type or perform the same function.

C. Inks and surface coatings meeting the criteria in 9VAC5-40-5080 A 1 through 3 (compliant inks and coatings) may be used on the same printing line with inks and surface coatings subject to the control requirements in 9VAC5-40-5080 (noncompliant inks and coatings) to meet the control requirements of 9VAC5-40-5080 without the installation of an add-on control system. When this is the case, compliance is determined by credits generated by the weight of volatile organic compounds by which the compliant inks or coatings are less than the applicable criteria in 9VAC5-40-5080 A 1 through 3. Compliance is demonstrated if the total credits in pounds of volatile organic compounds is equal to or greater than the total weight of volatile organic compound reduction required of the noncompliant inks over a time period not exceeding 24 hours.

D. Compliance with the requirements of 9VAC5-40-5130 B and C and the emission standards in 9VAC5-40-5080 A shall apply as follows:

1. To each printing line, and to parts of a printing line individually designated by the owner; or

2. To multiple printing lines controlled by a single solvent recovery system. For this option, the most stringent standard applicable to any of the printing lines is applied to all the lines controlled by the same solvent recovery system.

E. The emission standards in 9VAC5-40-5080 A shall apply to each successive compliance averaging period. This compliance averaging period shall not exceed:

1. 24 hours; or

2. The minimum compliance averaging period acceptable to the board, provided that:

a. The owner demonstrates to the satisfaction of the board that an averaging period of 24 hours or less does not adequately represent the reduction of volatile organic compound emissions over the same time period because of the physical or operational characteristics of an add-on control system;

b. The owner demonstrates to the satisfaction of the board the minimum compliance averaging period which adequately represents the reduction of volatile organic compound emissions; and

c. The owner determines compliance for each day or partial day of operation using the minimum compliance averaging period acceptable to the board.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3609, eff. July 1, 1991; amended, Virginia Register Volume 12, Issue 11, eff. April 1, 1996.

9VAC5-40-5140. Test methods and procedures.

A. The provisions of 9VAC5-40-30 (Emission Testing) apply.

B. Testing for compliance with the emission standards in 9VAC5-40-5080 A 4 shall be performed using the applicable methods and procedures specified in 9VAC5-20-121.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3610, eff. January 1, 1985; amended, Virginia Register Volume 12, Issue 11, eff. April 1, 1996.

9VAC5-40-5150. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3611, eff. January 1, 1985.

9VAC5-40-5160. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3612, eff. January 1, 1985.

9VAC5-40-5170. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3613, eff. January 1, 1985.

9VAC5-40-5180. Facility and control equipment maintenance of malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3614, eff. January 1, 1985.

9VAC5-40-5190. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

6. Operation of a facility.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3615, eff. January 1, 1985; amended, Virginia Register Volume 12, Issue 11, eff. April 1, 1996.

Article 37
Emission Standards for Petroleum Liquid Storage and Transfer Operations (Rule 4-37)

9VAC5-40-5200. Applicability and designation of affected facility.

A. Except as provided in subsection C of this section, the affected facility to which the provisions of this article apply is each operation involving the storage or transfer of petroleum liquids or both.

B. Except as provided in subdivisions 1, 2 and 3 of this subsection, the provisions of this article apply to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5-20-206.

1. The emission standards in 9VAC5-40-5220 C, D, E, and G shall not apply to affected facilities in the following localities: Botetourt County, Frederick County, and Winchester City.

2. The emission standard in 9VAC5-40-5220 F shall apply only to affected facilities in the Northern Virginia and Richmond Volatile Organic Compound Emissions Control Areas. For the purposes of applicability of 9VAC5-40-5220 F only, the Richmond Emissions Control Area does not include Prince George County and Petersburg City.

3. The emission standard in 9VAC5-40-5220 C shall apply to affected facilities in Bedford County.

C. The provisions of this article do not apply to affected facilities using petroleum liquids with a vapor pressure less than 1.5 pounds per square inch absolute under actual storage conditions or, in the case of loading or processing, under actual loading or processing conditions. (Kerosene and fuel oil have vapor pressures of less than 1.5 pounds per square inch absolute under actual storage conditions; therefore, kerosene and fuel oil are not subject to the provisions of this article when used or stored at ambient temperatures).

D. The burden of proof of eligibility for exemption from this article is on the owner. Owners seeking such an exemption shall maintain adequate records of average monthly throughput and furnish these records to the board upon request.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110 and 182 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from VR120-04-3701, eff. January 1, 1993; amended, Virginia Register Volume 14, Issue 2, eff. January 1, 1998; Volume 16, Issue 24, eff. October 1, 2000; Volume 20, Issue 12, eff. March 24, 2004; Volume 22, Issue 26, eff. October 4, 2006.

9VAC5-40-5210. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Average monthly throughput" means the average monthly amount of gasoline pumped at a gasoline dispensing facility during the two most recent consecutive calendar years or some other two-year period which is representative of normal source operation. If the board determines that no two-year period is representative of normal source operation, the board shall allow the use of an alternative period of time upon a determination by the board that it is more representative of normal source operation. Downtime, such as a full or significant shutdown of a facility's operation due to construction, shall not be included when calculating average monthly throughput.

"Begin actual construction" means initiation of permanent physical on-site construction of a new gasoline dispensing facility. This includes, but is not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures.

"Bulk gasoline plant" means a secondary distribution point for delivering gasoline to local farms, businesses, service stations and other distribution points, where the total gasoline throughput is 20,000 gallons or less per working day, based on the daily average for the most recent 12-month period.

"Bulk gasoline terminal" means a primary distribution point for delivering gasoline to bulk plants, service stations and other distribution points, where the total gasoline throughput is greater than 20,000 gallons per working day, based on the daily average for the most recent 12-month period.

"Certified Stage II vapor recovery system" means any system certified by California Air Resources Board as having a vapor recovery or removal efficiency of at least 95%, and approved under the provisions of AQP-9, Procedures for Implementation of Regulations Covering Stage II Vapor Recovery Systems for Gasoline Dispensing Facilities (see 9VAC5-20-121).

"Condensate" means a hydrocarbon liquid separated from natural gas which condenses due to changes in the temperature or pressure or both and remains liquid at standard conditions.

"Crude oil" means a naturally occurring mixture which consists of any combination of hydrocarbons, sulfur, nitrogen or oxygen derivatives of hydrocarbons and which is a liquid at standard conditions.

"Custody transfer" means the transfer of produced crude oil or condensate, after processing or treating or both in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any other forms of transportation.

"Defective equipment" means any absence, disconnection, or malfunctioning of a Stage II vapor recovery system component required by this article including, but not limited to, the following:

a. A vapor return line that is crimped, flattened, blocked, or that has any hole or slit that allows vapors to leak out;

b. A nozzle bellows that has any hole large enough to allow a ¼-inch diameter cylindrical rod to pass through it or any slit one inch or more in length;

c. A nozzle faceplate or cone that is torn or missing over 25% of its surface;

d. A nozzle with no automatic overfill control mechanism, or an inoperable overfill control mechanism; and

e. An inoperable or malfunctioning vapor processing unit, vacuum generating device, pressure or vacuum relief valve, vapor check valve or any other equipment normally used to dispense gasoline or is required by this article.

"External floating roof" means a storage vessel cover in an open top consisting of a double deck or pontoon single deck which rests upon and is supported by the liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank shell.

"Gasoline" means any petroleum distillate having a Reid vapor pressure of four pounds per square inch or greater.

"Gasoline dispensing facility" means any site where gasoline is dispensed to motor vehicle tanks from stationary storage tanks.

"Independent small business gasoline marketer" means a person engaged in the marketing of gasoline who owns one or more gasoline dispensing facilities and is required to pay for procurement and installation of vapor recovery equipment, unless such owner:

a. Is a refiner; controls, or is controlled by, or is under common control with, a refiner; or is otherwise directly or indirectly affiliated with a refiner or with a person who controls, is controlled by, or is under a common control with a refiner (unless the sole affiliation is by means of a supply contract or an agreement or contract to use a trademark, tradename, service mark, or other identifying symbol or name owned by such refiner or any such person); or

b. Receives less than 50% of his annual income from refining or marketing of gasoline.

For the purposes of this definition, "control" of a corporation means ownership of more than 50% of its stock and "control" of a partnership, joint venture or other nonstock entity means ownership of more than a 50% interest in such partnership, joint venture or other nonstock entity. The lessee of a gasoline dispensing facility, for which the owner of such outlet does not sell, trade in, or otherwise dispense any product at wholesale or retail at such outlet, shall be considered an independent small business marketer if the lessee by lease agreement with the owner is required to pay for the cost of procurement and installation of vapor recovery equipment over a reasonable period.

"Internal floating roof" means a cover or roof in a fixed roof tank which rests upon or is floated upon the liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank shell.

"Liquid-mounted" means a primary seal mounted so the bottom of the seal covers the liquid surface between the tank shell and the floating roof.

"Major system modification" means the replacement, repair or upgrade of 75% of a facility's Stage II vapor recovery system equipment.

"Owner" means, for the purposes of this article, any person, including bodies politic and corporate, associations, partnerships, personal representatives, trustees and committees, as well as individuals who own, lease, operate, control or supervise an operation involving the storage or transfer of petroleum liquids or both.

"Petroleum liquids" means crude oil, condensate, and any finished or intermediate products manufactured or extracted in a petroleum refinery.

"Petroleum refinery" means any facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants or other products through distillation of petroleum or through redistillation, cracking, rearrangement or reforming of unfinished petroleum derivatives.

"Refiner" means any person or entity that owns or operates a facility engaged in the production of gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants or similar products through distillation of petroleum or through redistillation, cracking, or reforming of unfinished petroleum derivatives and whose total refinery capacity (including the refinery capacity of any person or entity who controls, is controlled by or is under common control with, such refiner) is greater than 65,000 barrels per day.

"Stage II vapor recovery system" means any equipment designed and used to collect, recover, or destroy, or any combination of those, gasoline vapors displaced during the transfer of gasoline into a motor vehicle fuel tank.

"Submerged fill pipe" means any fill pipe the discharge opening of which is entirely submerged when the liquid level is six inches above the bottom of the tank; or, when applied to a tank which is loaded from the side, any fill pipe the discharge opening of which is entirely submerged when at the minimum operating level.

"Vapor-mounted" means a primary seal mounted so there is an annular vapor space underneath the seal. The annular vapor space is bounded by the bottom of the primary seal, the tank shell, the liquid surface, and the floating roof.

"Vapor tight" means capable of holding a pressure of 18 inH20 and a vacuum of 6 inH2O without sustaining a pressure change of more than 3 inH2O in five minutes.

"Waxy, heavy pour crude oil" means a crude oil with a pour point of 50°F or higher as determined by the American Society for Testing and Materials publication, "Test for Pour Point of Petroleum Oils" (see 9VAC5-20-21).

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3702, eff. January 1, 1993; amended, Virginia Register Volume 18, Issue 7, eff. February 1, 2002.

9VAC5-40-5220. Standard for volatile organic compounds.

A. Petroleum liquid storage-fixed roof tanks.

1. No owner or other person shall use or permit the use of any fixed roof tank of more than 40,000 gallons capacity for storage of petroleum liquids, unless such tank is equipped with a control method that will remove, destroy, or prevent the discharge into the atmosphere of at least 90% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subdivision 1 of this subsection by use of methods in 9VAC5-40-5230 A will be acceptable to the board.

3. The provisions of this subsection shall not be applicable to fixed roof tanks having capacities less than 400,000 gallons for crude oil or condensate stored, processed, or treated at a drilling and production facility prior to custody transfer.

4. The owner of a fixed roof tank subject to the provisions of subdivision 1 of this subsection shall:

a. When the fixed roof tank is equipped with an internal floating roof, perform a visual inspection annually of the floating cover through roof hatches to ascertain compliance with the specifications in subdivisions (1) and (2) of this subdivision A 4 a.

(1) The cover should be uniformly floating on or above the liquid and there should be no visible defects in the surface of the cover or liquid accumulated on the cover.

(2) The seal must be intact and uniformly in place around the circumference of the cover between the cover and tank wall.

b. Perform a complete inspection of the cover and seal and record the condition of the cover and seal when the tank is emptied for nonoperational reasons such as maintenance, an emergency, or other similar purposes.

c. Maintain records of the throughput quantities and types of petroleum liquids stored, the average monthly storage temperature and true vapor pressure of the liquid as stored, and the results of the inspections performed under the provisions of subdivisions 4 a and 4 b of this subsection.

B. Petroleum liquid storage--floating roof tanks.

1. No owner or other person shall use or permit the use of any floating roof tank of more than 40,000 gallons capacity for storage of petroleum liquids, unless such tank is equipped with a control method that will remove, destroy, or prevent the discharge into the atmosphere of at least 90% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subdivision 1 of this subsection by use of methods in 9VAC5-40-5230 B will be acceptable to the board.

3. The provisions of this subsection shall not be applicable to the following:

a. Floating roof tanks having capacities less than 400,000 gallons for crude oil or condensate stored, processed, or treated at a drilling and production facility prior to custody transfer.

b. Floating roof tanks storing waxy, heavy pour crude oil.

4. The owner of a floating roof tank subject to the provisions of subdivision 1 of this subsection shall:

a. Perform routine inspections annually which shall include a visual inspection of the secondary seal gap.

b. When the floating roof is equipped with a vapor-mounted primary seal, measure the secondary seal gap annually in accordance with subdivisions (1) and (2) of this subdivision B 4 b.

(1) Physically measure the length and width of all gaps around the entire circumference of the secondary seal in each place where a 1/8-inch uniform diameter probe passes freely (without forcing or binding against the seal) between the seal and tank wall; and

(2) Sum the area of the individual gaps.

c. Maintain records of the types of petroleum liquids stored, the maximum true vapor pressure of the liquid as stored, and the results of the inspections performed under the provisions of subdivisions a and b of this subdivision B 4.

C. Gasoline bulk loading--bulk terminals.

1. No owner or other person shall cause or permit the discharge into the atmosphere from a bulk gasoline terminal (including any appurtenant equipment necessary to load the tank truck compartments) any volatile organic compound in excess of.67 pounds per 1,000 gallons of gasoline loaded.

2. Achievement of the emission standard in subdivision 1 of this subsection by use of methods in 9VAC5-40-5230 C will be acceptable to the board.

D. Gasoline bulk loading--bulk plants.

1. No owner or other person shall use or permit the use of any bulk gasoline plant (including any appurtenant equipment necessary to load or unload tank trucks and account trucks) unless such plant is equipped with a vapor control system that will remove, destroy, or prevent the discharge into the atmosphere of at least 77% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subdivision 1 of this subsection by use of methods in 9VAC5-40-5230 D will be acceptable to the board.

3. The provisions of this subsection shall not be applicable to facilities whose average daily throughput of gasoline is less than 4,000 gallons per working day when based on a 30-day rolling average. Average daily throughput means the average daily amount of gasoline pumped at a gasoline dispensing facility during the most recent 30-day period. Average daily throughput shall be calculated for the two most recent consecutive calendar years. If during this two-year period or any period thereafter, the average daily throughput exceeds 4,000 gallons per working day, the facility is no longer exempt from the provisions of subdivision 1 of this subsection.

E. Transfer of gasoline--gasoline dispensing facilities--Stage I vapor control systems.

1. No owner or other person shall transfer or permit the transfer of gasoline from any tank truck into any stationary storage tank unless such tank is equipped with a vapor control system that will remove, destroy, or prevent the discharge into the atmosphere of at least 90% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subdivision 1 of this subsection by use of methods in 9VAC5-40-5230 E will be acceptable to the board.

3. The provisions of this subsection shall not apply to the following:

a. Transfers made to storage tanks that are either less than 250 gallons in capacity or located at facilities whose average monthly throughput of gasoline is less than 10,000 gallons.

b. Transfers made to storage tanks equipped with floating roofs or their equivalent.

F. Transfer of gasoline--gasoline dispensing facilities--Stage II vapor recovery systems.

1. No owner or other person shall transfer or permit the transfer of gasoline into the fuel tank of any motor vehicle at any affected gasoline dispensing facility unless the transfer is made using a certified Stage II vapor recovery system that is designed, operated, and maintained such that the vapor recovery system removes, destroys, or prevents the discharge into the atmosphere of at least 95% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subdivision 1 of this subsection by use of methods in 9VAC5-40-5230 F will be acceptable to the board.

3. The affected gasoline facilities shall be in compliance with the emissions standard in subdivision 1 of this subsection according to the following schedule:

a. Facilities which begin actual construction on or after January 1, 1993, must comply upon startup unless the facility can prove it is exempt under the provisions of subdivision 4 of this subsection.

b. Facilities which begin actual construction after November 15, 1990, and before January 1, 1993, must comply by May 15, 1993.

c. Facilities which begin actual construction on or before November 15, 1990, and dispense an average monthly throughput of 100,000 gallons or more of gasoline must comply by November 15, 1993.

d. All other affected facilities which begin actual construction on or before November 15, 1990, must comply by November 15, 1994.

4. The provisions of this subsection shall not apply to the following facilities:

a. Gasoline dispensing facilities with an average monthly throughput of 10,000 gallons or less.

b. Gasoline dispensing facilities owned by independent small business gasoline marketers with an average monthly throughput of 50,000 gallons or less.

c. Gasoline dispensing devices that are used exclusively for refueling marine vehicles, aircraft, farm equipment, and emergency vehicles.

5. Any gasoline dispensing facility subject to the provisions of this subsection shall also comply with the provisions of subsection E of this section (Stage I vapor controls).

6. In accordance with the provisions of AQP-9, Procedures for Implementation of Regulations Covering Stage II Vapor Recovery Systems for Gasoline Dispensing Facilities (see 9VAC5-20-121), owners of affected gasoline dispensing facilities shall:

a. Register the Stage II system with the board and submit Stage II vapor recovery equipment specifications at least 90 days prior to installation of the Stage II vapor recovery system. Owners of gasoline dispensing facilities in existence as of January 1, 1993, shall contact the board by February 1, 1993, and register the Stage II vapor recovery system according to the schedule outlined in AQP-9. Any repair or modification to an existing Stage II vapor recovery system that changes the approved configuration shall be reported to the board no later than 30 days after completion of such repair or modification.

b. Perform tests, before the equipment is made available for use by the public, on the entire Stage II vapor recovery system to ensure the proper functioning of nozzle automatic shut-off mechanisms and flow prohibiting mechanisms where applicable, and perform a pressure decay/leak test, a vapor space tie test, and a liquid blockage test. In cases where use of one of the test methods in AQP-9 is not feasible for a particular Stage II vapor recovery system, the owner may, upon approval of the board, use an alternative test method.

c. No later than 15 days after system testing is completed, submit to the board documentation showing the results of the tests outlined in subdivision 6 b of this subsection.

d. Ensure that the Stage II vapor recovery system is vapor tight by performing a pressure decay/leak test and a liquid blockage test at least every five years, upon major system replacement or modification, or if requested by the board after evidence of a system malfunction which compromises the efficiency of the system.

e. Notify the board at least two days prior to Stage II vapor recovery system testing as required by subdivisions 6 b and 6 d of this subsection.

f. Conspicuously post operating instructions for the vapor recovery system on each gasoline dispensing pump which includes the following information:

(1) A statement, as described in Part III F 1 of AQP-9 (see 9VAC5-20-121), describing the benefits of the Stage II vapor recovery system.

(2) A clear description of how to correctly dispense gasoline with the vapor recovery nozzles.

(3) A warning that repeated attempts to continue dispensing gasoline after the system has indicated that the vehicle fuel tank is full (by automatically shutting off) may result in spillage or recirculation of gasoline.

(4) A telephone number to report problems experienced with the vapor recovery system to the board.

g. Promptly and conspicuously post "Out Of Order" signs on any nozzle associated with any part of the vapor recovery system that is defective if use of that nozzle would allow escape of gasoline vapors to the atmosphere. "Out of order" signs shall not be removed from affected nozzles until said system has been repaired.

h. Provide adequate training and written instructions for facility personnel to assure proper operation of the vapor recovery system.

i. Perform routine maintenance inspections of the Stage II vapor recovery system on a daily and monthly basis and record the monthly inspection results as specified in Part III E of AQP-9 (see 9VAC5-20-121).

j. Maintain records on site, in a form and manner acceptable to the board, of operator training, system registration and equipment approval, and maintenance, repair and testing of the system. Original documents may be maintained at a centralized location only if copies of these documents are maintained on site according to the requirements set forth in AQP-9. Records shall be retained for a period of at least two years, unless specified otherwise, and shall be made immediately available for inspection by the board upon request.

7. The requirements of this subsection shall apply to the localities specified in 9VAC5-40-5200 B 2 until the following dates, after which the decommissioning or maintenance requirements of subdivision 8 or 9 of this subsection shall be followed.

a. For the Northern Virginia Volatile Organic Compound Control Area: January 1, 2014.

b. For the Richmond Volatile Organic Compound Control Area (which shall not include Prince George County and Petersburg City): January 1, 2017.

8. No owner or other person decommissioning any Stage II equipment shall be relieved from the continuing proper operation and maintenance of Stage I vapor control systems. In order to assure the proper operation and maintenance of Stage I equipment, all of the Stage II decommissioning procedures in this subdivision F 8 shall be completed:

a. Notify the board in writing prior to removing or discontinuing all or part of an existing Stage II system. All notifications shall include:

(1) Name, address, contact name, telephone number, and registration number;

(2) Details and cost of project, and the name of the service provider for the project; and

(3) Start date and projected completion date.

A copy of this notification shall be maintained with on-site records.

b. Decommission the discontinued Stage II system or, in the case of removal and replacement of an existing dispenser system, decommission each dispenser system piping in accordance with all applicable steps provided in the Recommended Practices for Installation and Testing of Vapor-Recovery Systems at Vehicle-Fueling Sites, PEI/RP300-09, Petroleum Equipment Institute (PEI) (see 9VAC5-20-21), or an alternative procedure as approved by the board.

c. Notify the board in writing no more than 30 days after decommissioning all or part of a Stage II system. All notifications shall include:

(1) Name, address, contact name, telephone number, and registration number;

(2) Name and telephone number of the qualified technician or qualified service provider or both who decommissioned the Stage II equipment;

(3) Date decommissioning was complete and type of Stage II system;

(4) Steps used in decommissioning or a completed PEI checklist form (Appendix C of PEI/RP300-09);

(5) Copy of pressure decay test conducted after decommissioning was complete; and

(6) Statement from the service provider verifying the storage system has been left in a condition that will reliably prevent the release of any vapors or liquids from any component of the storage system associated with the Stage II system.

A copy of this notification shall be maintained with on-site records.

9. No owner or other person that continues to operate Stage II equipment in lieu of following the decommissioning procedures in subdivision 8 of this subsection shall be relieved from the continuing proper operation and maintenance of the Stage II equipment in compliance with this article.

G. Tank trucks/account trucks and vapor collection systems.

1. No owner or other person shall use or permit the use of any tank truck or account truck that is loaded or unloaded at facilities subject to the provisions of subsection C, D, or E of this section unless such truck is designed, maintained, and certified to be vapor tight. In addition, there shall be no avoidable visible liquid leaks. Invariably there will be a few drops of liquid from disconnection of dry breaks in liquid lines even when well maintained; these drops are allowed.

2. Vapor-laden tank trucks or account trucks exclusively serving facilities subject to subsection D or E of this section may be refilled only at facilities in compliance with subsection C of this section.

3. Tank truck and account truck hatches shall be closed at all times during loading and unloading operations (periods during which there is liquid flow into or out of the truck) at facilities subject to the provisions of subsection C, D, or E of this section.

4. During loading or unloading operations at facilities subject to the provisions of subsection C, D, or E of this section, there shall be no volatile organic compound concentrations greater than or equal to 100% of the lower explosive limit (LEL, measured as propane) at 2.5 centimeters around the perimeter of a potential leak source as detected by a combustible gas detector. In addition, there shall be no avoidable visible liquid leaks. Invariably there will be a few liquid drops from the disconnection of well-maintained bottom loading dry breaks and the raising of well-maintained top loading vapor heads; these few drops are allowed. The vapor collection system includes all piping, seals, hoses, connection, pressure-vacuum vents, and other possible leak sources between the truck and the vapor disposal unit and between the storage tanks and vapor recovery unit.

5. The vapor collection and vapor disposal equipment must be designed and operated to prevent gauge pressure in the tank truck from exceeding 18 in H20 and prevent vacuum from exceeding 6 in H20.

6. Testing to determine compliance with subdivision 1 of this subsection shall be conducted and reported and data shall be reduced as set forth in procedures approved by the board using test methods specified there. All tests shall be conducted by, or under the direction of, a person qualified by training or experience in the field of air pollution testing, or tank truck maintenance and testing and approved by the board.

7. Monitoring to confirm the continuing existence of leak tight conditions specified in subdivision 4 of this subsection shall be conducted as set forth in procedures approved by the board using test methods specified there.

8. Owners of tank trucks and account trucks subject to the provisions of subdivision 1 of this subsection shall certify each year that the trucks are vapor tight in accordance with test procedures specified in subdivision 6 of this subsection. Trucks that are not vapor tight must be repaired within 15 days of the test and be tested and certified as vapor tight.

9. Each truck subject to the provisions of subdivision 1 of this subsection shall have information displayed on the tank indicating the expiration date of the certification and such other information as may be needed by the board to determine the validity of the certification. The means of display and location of this information shall be in a manner acceptable to the board.

10. An owner of a vapor collection/control system shall repair and retest the system within 15 days of the testing, if it exceeds the limit specified in subdivision 4 of this subsection.

11. The owner of a tank/account truck or vapor collection/control system or both subject to the provisions of this section shall maintain records of all certification testing and repairs. The records must identify the tank/account truck, vapor collection system, or vapor control system; the date of the test or repair; and, if applicable, the type of repair and the date of retest. The records must be maintained in a legible, readily available condition for at least two years after the date testing or repair was completed.

12. The records of certification tests required by subdivision 11 of this subsection shall, as a minimum, contain the following:

a. The tank/account truck tank identification number;

b. The initial test pressure and the time of the reading;

c. The final test pressure and the time of the reading;

d. The initial test vacuum and the time of the reading;

e. The final test vacuum and the time of the reading; and

f. Name and the title of the person conducting the test.

13. Copies of all records and reports required by this section shall immediately be made available to the board, upon verbal or written request, at any reasonable time.

14. The board may, at any time, monitor a tank/account truck, vapor collection system, or vapor control system by the method referenced in subdivision 6 or 7 of this subsection to confirm continuing compliance with subdivision 1 or 4 of this subsection.

15. If, after over one year of monitoring (i.e., at least two complete annual checks), the owner of a truck subject to the provisions of subdivision 6 of this subsection feels that modification of the requirements are in order, the owner may request in writing to the board that a revision be made. The request should include data that have been developed to justify any modifications in the monitoring schedule. On the other hand, if the board finds an excessive number of leaks during an inspection, or if the owner finds an excessive number of leaks during scheduled monitoring, consideration shall be given to increasing the frequency of inspection.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 111, 123, 129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from VR120-04-3703, eff. January 1, 1993; amended, Virginia Register Volume 20, Issue 12, eff. March 24, 2004; Volume 31, Issue 21, eff. July 30, 2015.

9VAC5-40-5230. Control technology guidelines.

A. Petroleum liquid storage-fixed roof tanks.

1. The tank should be a pressure tank maintaining working pressure sufficient at all times to prevent vapor loss to the atmosphere, or be designed and equipped with one of the following vapor control systems:

a. An internal floating roof resting on the surface of the liquid contents and equipped with a closure seal, or seals, to close the space between the roof edge and tank shell. All tank gauging and sampling devices should be vapor tight except when gauging or sampling is taking place.

b. Any system of equal or greater control efficiency to the system in subdivision A 1 a of this section, provided such system is approved by the board.

2. There should be no visible holes, tears or other openings in the seal or any seal fabric.

3. All openings, except stub drains, should be equipped with a cover, seal or lid. The cover, seal or lid should be in a closed position at all times except when the device is in actual use. Automatic bleeder vents should be closed at all times except when the roof is floated off or landed on the roof leg supports. Rim vents, if provided, should be set to open when the roof is being floated off the roof leg supports or at the manufacturer's recommended setting.

4. The exterior above ground surfaces (exposed to sunlight) should be painted white, light pastels, or light metallic and such exterior paint should be periodically maintained in good condition. Repainting may be performed during normal maintenance periods.

B. Petroleum liquid storage-floating roof tanks.

1. The tank should be designed and equipped with one of the following vapor control systems:

a. An external floating roof resting on the surface of the liquid contents and equipped with a seal closure device (meeting the specifications set forth in subdivisions B 2 and 3 of this section) to close the space between the roof edge and tank shell. All tank gauging and sampling devices should be vapor tight except when gauging or sampling is taking place.

b. Any system of equal or greater control efficiency to the system in subdivision B 1 a of this section, provided such system is approved by the board.

2. Unless the tank is a welded tank fitted with a metallic-type shoe seal which has a secondary seal from the top to the shoe seal to the tank wall (a shoe-mounted secondary), the tank should be fitted with a continuous secondary seal extending from the floating roof to the tank wall (a rim-mounted secondary) if:

a. The tank is a welded tank, the true vapor pressure of the contained liquid is 4.0 psi or greater, and the primary seal is one of the following:

(1) A metallic-type shoe seal.

(2) A liquid-mounted foam seal.

(3) A liquid-mounted liquid-filled type seal.

(4) Any other seal closure device which can be demonstrated equivalent to the primary seals specified in subdivisions B 2 a (1) through (3) of this section.

b. The tank is a riveted tank, the true vapor pressure of the contained liquid is 1.5 psi, or greater, and the seal closure device is as described in subdivision B 2 a of this section.

c. The tank is a welded or riveted tank, the true vapor pressure of the contained liquid is 1.5 psi, or greater, and the primary seal is vapor mounted. When such primary seal closure device can be demonstrated equivalent to the primary seals described in subdivision B 2 a of this section, the provisions of that subdivision apply.

3. The seal closure devices should meet the following requirements:

a. There should be no visible holes, tears or other openings in the seal or any seal fabric.

b. The seal should be intact and uniformly in place around the circumference of the floating roof between the floating roof and the tank wall.

c. The areas where the gap between the secondary seal, installed pursuant to subdivision B 2 c of this section, and the tank wall exceeds 1/8 inch in width shall be calculated in square inches. The sum of all such areas shall not exceed 1.0 square inch per foot of tank diameter.

4. All openings, except for automatic bleeder vents, rim space vents and leg sleeves, should provide a projection below the liquid surface. All openings, except stub drains, should be equipped with a cover, seal or lid. The cover, seal or lid should be in a closed position at all times except when the device is in actual use. Automatic bleeder vents should be closed at all times except when the roof is floated off or landed on the roof leg supports. Rim vents, if provided, should be set to open when the roof is being floated off the roof leg supports or at the manufacturer's recommended setting. Any emergency roof drain should be provided with a slotted membrane fabric cover or equivalent cover that covers at least 90% of the area of the opening.

5. The exterior above ground surfaces (exposed to sunlight) should be painted white, light pastels, or light metallic and such exterior paint should be periodically maintained in good condition. Repainting may be performed during normal maintenance periods.

C. Gasoline bulk loading-bulk terminals. The control system should consist of the following:

1. A vapor collection and disposal system with the vapor disposal portion consisting of one of the following:

a. Compression-refrigeration-adsorption system;

b. Refrigeration system;

c. Oxidation system; or

d. Any system of equal or greater control efficiency to the systems in subdivisions C 1 a through c of this section, provided such system is approved by the board.

2. A vapor collection and disposal system with the vapor collection portion meeting the following criteria:

a. Loading should be accomplished in such manner that all displaced vapor and air will be vented only to the vapor disposal system. Measures should be taken to prevent liquid drainage from the loading device when it is not in use or to accomplish substantially complete drainage before the loading device is disconnected;

b. The pressure relief valves on storage containers and tank trucks should be set to release at no less than 0.7 psi or the highest possible pressure in accordance with the following National Fire Prevention Association Standards: "Standard for Tank Vehicles for Flammable and Combustible Liquids," "Flammable and Combustible Liquids Code," "Code for Motor Fuel Dispensing Facilities and Repair Garages" (see 9VAC5-20-21);

c. Pressure in the vapor collection lines should not exceed tank truck pressure relief valve settings; and

d. All loading and vapor lines should be equipped with fittings which make vapor tight connections and which close when disconnected.

D. Gasoline bulk loading-bulk plants.

1. The control system should consist of one of the following:

a. Submerged filling of account trucks and storage tanks (either top-submerged or bottom-fill) plus a vapor balance (displacement) system to control volatile organic compounds displaced by gasoline delivery to the storage tank and account truck;

b. Top loading vapor recovery method of filling account trucks and storage tanks plus a vapor balance (displacement) system to control volatile organic compounds displaced by gasoline delivery to the storage tank and account truck; or

c. Any system of equal or greater control efficiency to the system in subdivision D 1 a or b of this section, provided such system is approved by the board.

2. The control system in subdivisions D 1 a and b of this section should meet the following equipment specifications and operating procedures:

a. For top-submerged and bottom-fill. The fill pipe should extend to within six inches of the bottom of the storage tank and account truck during top-submerged filling operations. Any bottom fill is acceptable if the inlet is flush with the tank bottom; and

b. For the balance system:

(1) There should be no leaks in the account trucks' and tank trucks' pressure vacuum relief valves and hatch covers, nor tank trucks, account trucks, storage tanks or associated vapor return lines during loading or unloading operations.

(2) The pressure relief valves on storage tanks, account trucks and tank trucks should be set to release at no less than 0.7 psi or the highest possible pressure in accordance with the following National Fire Prevention Association Standards: "Standard for Tank Vehicles for Flammable and Combustible Liquids," "Flammable and Combustible Liquids Code," "Code for Motor Fuel Dispensing Facilities and Repair Garages" (see 9VAC5-20-21).

(3) Pressure in the vapor collection lines should not exceed account truck or tank truck pressure relief valve settings.

(4) All loading and vapor lines should be equipped with fittings which make vapor tight connections and which close when disconnected.

E. Transfer of gasoline-gasoline dispensing facilities-stage I vapor control systems. The control system should consist of the following:

1. A submerged fill pipe;

2. A vapor control system with the vapor recovery portion consisting of one of the following:

a. A vapor tight return line from the storage container to the tank truck which shall be connected before gasoline is transferred into the container;

b. Any adsorption system or condensation system; or

c. Any system of equal or greater control efficiency to the systems in subdivision E 2 a or b of this section, provided such system is approved by the board.

3. A vapor control system with the vapor balance portion meeting the following criteria:

a. There should be no leaks in the tank truck's pressure vacuum relief valves and hatch covers, nor truck tanks, storage tanks and associated vapor return lines during loading or unloading operations;

b. The pressure relief valves on storage containers and tank trucks should be set to release at no less than 0.7 psi or the highest possible pressure in accordance with the following National Fire Prevention Association Standards: "Standard for Tank Vehicles for Flammable and Combustible Liquids," "Flammable and Combustible Liquids Code," "Code for Motor Fuel Dispensing Facilities and Repair Garages" (see 9VAC5-20-21);

c. Pressure in the vapor collection lines should not exceed tank truck pressure relief valve settings; and

d. All loading and vapor lines should be equipped with fittings which make vapor tight connections and which close when disconnected.

F. Transfer of gasoline-gasoline dispensing facilities-Stage II vapor recovery systems.

1. Stage II vapor recovery systems shall be limited to those certified systems approved under the provisions of AQP-9, Procedures for Implementation of Regulations Covering Stage II Vapor Recovery Systems for Gasoline Dispensing Facilities (see 9VAC5-20-121), which utilize coaxial hoses and vapor check valves in the nozzle or remote vapor check valves which do not impede the performance of the functional tests required in subdivision F 6 b of 9VAC5-40-5220.

2. Stage II vapor recovery systems installed prior to January 1, 1993, must meet the specifications of a system certified by the California Air Resources Board. Owners of Stage II vapor recovery systems utilizing remote check valves which will impede the performance of the functional tests required in subdivision F 6 b of 9VAC5-40-5220 and dual vapor recovery hoses shall replace these components with check valves in the nozzle and with coaxial hoses by January 1, 1995.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3704, eff. January 1, 1993; amended, Virginia Register Volume 18, Issue 7, eff. February 1, 2002.

9VAC5-40-5240. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3705, eff. January 1, 1985.

9VAC5-40-5250. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3706, eff. January 1, 1985.

9VAC5-40-5260. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3707, eff. January 1, 1985.

9VAC5-40-5270. Standard for toxic pollutants.

The provisions of Article 4, Emission Standards for Toxic Pollutants from Existing Sources, (9VAC5-60-200 et seq.) of Part I of Hazardous Air Pollutant Sources apply.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from VR120-04-3708, eff. January 1, 1985; amended, Virginia Register Volume 31, Issue 21, eff. July 30, 2015.

9VAC5-40-5280. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3709, eff. January 1, 1985.

9VAC5-40-5290. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3710, eff. January 1, 1985.

9VAC5-40-5300. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3711, eff. January 1, 1985.

9VAC5-40-5310. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3712, eff. January 1, 1985.

9VAC5-40-5320. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3713, eff. January 1, 1985.

9VAC5-40-5330. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3714, eff. January 1, 1985.

9VAC5-40-5340. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3715, eff. January 1, 1985.

Article 38
Emission Standards for Dry Cleaning Systems (Rule 4-38) [Repealed]

9VAC5-40-5350 to 9VAC5-40-5480. [Repealed]

Historical Notes

Derived from VR120-04-3801, eff. July 1, 1991, and from VR120-04-3802 to VR120-04-3814, eff. January 1, 1985; repealed, Virginia Register Volume 15, Issue 12, eff. April 1, 1999.


9VAC5-40-5490. (Repealed.)

Historical Notes

Derived from VR120-04-3901, eff. July 1, 1991; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-5500. (Repealed.)

Historical Notes

Derived from VR120-04-3902, eff. January 1, 1985; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-5510. (Repealed.)

Historical Notes

Derived from VR120-04-3903, eff. January 1, 1985; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-5520. (Repealed.)

Historical Notes

Derived from VR120-04-3904, eff. January 1, 1985; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-5530. (Repealed.)

Historical Notes

Derived from VR120-04-3905, eff. January 1, 1985; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-5540. (Repealed.)

Historical Notes

Derived from VR120-04-3906, eff. January 1, 1985; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-5550. (Repealed.)

Historical Notes

Derived from VR120-04-3907, eff. January 1, 1985; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-5560. (Repealed.)

Historical Notes

Derived from VR120-04-3908, eff. January 1, 1985; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-5570. (Repealed.)

Historical Notes

Derived from VR120-04-3909, eff. January 1, 1985; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-5580. (Repealed.)

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3910, eff. January 1, 1985; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-5590. (Repealed.)

Historical Notes

Derived from VR120-04-3911, eff. January 1, 1985; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

Article 40
Emission Standards for Open Burning (Rule 4-40) (Repealed)

9VAC5-40-5600. (Repealed.)

Historical Notes

Derived from VR120-04-4001, eff. January 1, 1988; amended, Virginia Register Volume 12, Issue 11, eff. April 1, 1996; Volume 23, Issue 1, eff. October 18, 2006; repealed, Virginia Register Volume 25, Issue 12, eff. March 18, 2009.

9VAC5-40-5610. (Repealed.)

Historical Notes

Derived from VR120-04-4002, eff. January 1, 1988; amended, Virginia Register Volume 12, Issue 11, eff. April 1, 1996; Volume 23, Issue 1, eff. October 18, 2006; repealed, Virginia Register Volume 25, Issue 12, eff. March 18, 2009.

9VAC5-40-5620. (Repealed.)

Historical Notes

Derived from VR120-04-4003, eff. January 1, 1988; amended, Virginia Register Volume 12, Issue 11, eff. April 1, 1996; Volume 23, Issue 1, eff. October 18, 2006; repealed, Virginia Register Volume 25, Issue 12, eff. March 18, 2009.

9VAC5-40-5630. (Repealed.)

Historical Notes

Derived from VR120-04-4004, eff. January 1, 1988; amended, Virginia Register Volume 12, Issue 11, eff. April 1, 1996; Volume 23, Issue 1, eff. October 18, 2006; repealed, Virginia Register Volume 25, Issue 12, eff. March 18, 2009.

9VAC5-40-5631. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 23, Issue 1, eff. October 18, 2006; repealed, Virginia Register Volume 25, Issue 12, eff. March 18, 2009.

9VAC5-40-5640. [Repealed]

Historical Notes

Derived from VR120-04-4005, eff. January 1, 1988; repealed, Virginia Register Volume 12, Issue 11, eff. April 1, 1996.

9VAC5-40-5641. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 23, Issue 1, eff. October 18, 2006; Errata, 23:5 VA.R. 791 November 13, 2006; repealed, Virginia Register Volume 25, Issue 12, eff. March 18, 2009.

9VAC5-40-5645. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 12, Issue 11, eff. April 1, 1996; repealed, Virginia Register Volume 25, Issue 12, eff. March 18, 2009.

Article 41
Emission Standards for Mobile Sources (Rule 4-41)

9VAC5-40-5650. Applicability and designation of affected facility.

A. Except as provided in subsection C of this section, the affected facility to which the provisions of this article apply is each mobile source.

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

C. The provisions of this article do not apply to mobile sources used solely for ceremonial purposes, antiques and others of historical significance.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-4101, eff. January 1, 1985.

9VAC5-40-5660. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Mobile sources" means any vehicle, including, but not limited to, any motor vehicle (automobile, truck, bus, etc.) or other landcraft; airplane or other aircraft; locomotive or other rail vehicle; ship, boat or other watercraft, which emits or may emit any air pollutant.

"Motor vehicle" means any powered conveyance of a type normally licensed by the Virginia Department of Motor Vehicles.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-4102, eff. January 1, 1985.

9VAC5-40-5670. Motor vehicles.

A. Emission control systems.

1. No owner or other person shall cause or permit the removal, disconnection or disabling of a crankcase emission control system or device, exhaust emission control system or device, fuel evaporative emission control system or device, or other air pollution control system or device which has been installed on a motor vehicle in accordance with federal laws and regulations while such motor vehicle is operating in the Commonwealth of Virginia.

2. No owner or other person shall attempt to defeat the purpose of any such motor vehicle pollution control system or device by installing any part or component which is not a standard factory replacement part or component of the device.

3. No motor vehicle or engine shall be operated with the motor vehicle pollution control system or device removed or otherwise rendered inoperable.

4. The provisions of this section shall not prohibit or prevent shop adjustments or replacement of equipment for maintenance or repair, or the conversion of engines to low polluting fuels such as, but not limited to, natural gas or propane.

B. Visible emissions.

1. No owner or other person shall cause or permit the emission of visible air pollutants from gasoline-powered motor vehicles for longer than five consecutive seconds after the engine has been brought up to operating temperature.

2. No owner or other person shall cause or permit the emission of visible air pollutants from diesel-powered motor vehicles of a density equal to or greater than 20% opacity for longer than 10 consecutive seconds after the engine has been brought up to operating temperature.

C. In commercial or residential urban areas, propulsion engines of motor vehicles licensed for commercial or public service use shall not be left running for more than three minutes when the vehicle is parked, unless the propulsion engine is providing auxiliary power for other than heating or air conditioning; except that:

1. Tour buses may idle for up to 10 minutes during hot weather in order to maintain power to the air conditioning system; and

2. Diesel powered vehicles may idle for up to 10 minutes to minimize restart problems.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-4103, eff. January 1, 1985.

9VAC5-40-5680. Other mobile sources.

A. General. All mobile sources operating within Virginia, including the air space over this Commonwealth, shall control their emissions in strict accordance with the applicable federal laws and regulations.

B. Visible emissions. The provisions of 9VAC5-40-80 shall apply to the discharge of visible emissions from all mobile sources, unless specified otherwise in subsection C of this section.

C. Exceptions.

1. Aircraft. Subsection B of this section shall not apply to aircraft.

2. Diesel locomotives. Visible emissions from operating diesel-powered locomotives shall not exceed a density greater than 30% opacity unless the locomotive is operating under any of the following conditions:

a. Accelerating under load, and then only for a maximum of 40 consecutive seconds for stabilization of the new operating condition;

b. Being loaded after a period of idle, and then only for a maximum period of four consecutive minutes after the changed condition;

c. Started cold, and then only for a maximum of 30 consecutive minutes after such a start; or

d. Being tested, adjusted, or broken in after rebuilding or repair, and then only for maximum periods of 3 consecutive minutes for an aggregate of no more than 10 minutes in any 60-minute period.

3. Ships and other watercraft. Visible emissions in excess of subsection B of this section are authorized when not at dock and for brief periods when at dock under the following conditions:

a. During dock trials as required to test and calibrate the ship's machinery control systems;

b. When lighting off a cold machinery plant and getting under way;

c. When used on shore to simulate dock or sea trials; or

d. When soot blowing. Soot blowing shall be limited to once in each 24-hour period and shall be allowed only when wind conditions and direction are such as to prevent a public nuisance or hazard to the health and safety of persons and property both ashore and afloat.

4. Other diesel-powered mobile sources. Visible emissions from diesel-powered mobile sources which are not otherwise governed by these regulations shall not exceed 20% opacity for longer than 10 consecutive seconds after the engine has been brought up to operating temperature.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-4104, eff. January 1, 1985.

9VAC5-40-5690. Export/import of motor vehicles.

A. Any person may remove the catalyst and restrictive filler inlet from used motor vehicles scheduled for shipment overseas provided that:

1. The export/import of the motor vehicle meets the provisions of subsection B of this section; and

2. The removal of the emission control devices does not take place prior to 10 days before the vehicle is turned in to the port authorities and the reinstallation of the emission control devices takes place within 10 days after receipt of the vehicle by the owner from the port authorities.

B. To be exempted under the provisions of subsection A of this section, the motor vehicle must:

1. Be exported/imported under a U.S. Environmental Protection Agency (EPA) approved catalyst control program; or

2. If not under an EPA program, upon reimportation to the United States must be entered through U.S. Customs under cash bond and formal entry procedures (19 CFR 12 - Special classes of merchandise) and must be modified to bring it into conformity with applicable federal motor vehicle emission standards (40 CFR 86 - Control of air pollution from new motor vehicle engines: Certification and test procedures).

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-4105, eff. October 1, 1986.

9VAC5-40-5700. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 20, Issue 12, eff. March 24, 2004; amended, Virginia Register Volume 22, Issue 26, eff. October 4, 2006; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-5710. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 20, Issue 12, eff. March 24, 2004; repealed, Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-5720. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 20, Issue 12, eff. March 24, 2004; amended, Virginia Register Volume 22, Issue 26, eff. October 4, 2006; repealed, Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-5730. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 20, Issue 12, eff. March 24, 2004; repealed, Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-5740. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 20, Issue 12, eff. March 24, 2004; repealed, Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-5750. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 20, Issue 12, eff. March 24, 2004; amended, Virginia Register Volume 22, Issue 26, eff. October 4, 2006; repealed, Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-5760. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 20, Issue 12, eff. March 24, 2004; repealed, Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-5770. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 20, Issue 12, eff. March 24, 2004; repealed, Volume 28, Issue 25, eff. September 27, 2012.

Article 43
Emission Standards for Municipal Solid Waste Landfills (Rule 4-43)

9VAC5-40-5800. Applicability and designation of affected facility.

A. The affected facility to which the provisions of this article apply is each municipal solid waste (MSW) landfill which commenced construction, reconstruction, or modification before May 30, 1991.

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

C. For purposes of obtaining a federal operating permit, the owner of an MSW landfill subject to this article with a design capacity less than 2.5 million megagrams or 2.5 million cubic meters is not subject to the requirement to obtain a federal operating permit for the landfill, unless the landfill is otherwise subject to federal operating permit requirements. For purposes of submitting a timely application for a federal operating permit, the owner of an MSW landfill subject to this article with a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters on the effective date of EPA approval of the board's program under § 111(d) of the federal Clean Air Act, and otherwise not subject to federal operating permit requirements, shall submit an operating permit application as provided in 9VAC5-80-80 C, even if the design capacity report is submitted earlier.

D. When an MSW landfill subject to this article becomes closed, the owner is no longer subject to the requirement to maintain a federal operating permit for the landfill if the landfill is not otherwise subject to federal operating permit requirements and if either of the following conditions is met:

1. The landfill was never subject to the requirement for a control system under 9VAC5-40-5820 C 2; or

2. The owner meets the conditions for control system removal specified in 9VAC5-40-5820 C 2 e.

E. Activities required by or conducted pursuant to a CERCLA, RCRA, or board remedial action are not considered construction, reconstruction, or modification for the purposes of this article.

F. Each affected facility with a design capacity greater than 2.5 million megagrams or 2.5 million cubic meters shall demonstrate compliance with this article by demonstrating compliance with the provisions of Article 43.1 (9VAC5-40-5925 et seq.) of this chapter.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the federal Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 12, Issue 11, eff. April 1, 1996; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999; Volume 20, Issue 8, eff. January 29, 2004; Volume 33, Issue 10, eff. February 22, 2017.

9VAC5-40-5810. Definitions.

A. For the purpose of applying this article in the context of the Regulations for the Control and Abatement of Air Pollution and related uses, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10), unless otherwise required by context.

C. Terms defined.

"Active collection system" means a gas collection system that uses gas mover equipment.

"Active landfill" means a landfill in which solid waste is being placed or a landfill that is planned to accept waste in the future.

"CERCLA" means the federal Comprehensive Environmental Response, Compensation and Liability Act (42 USC § 9601 et seq.).

"Closed landfill" means a landfill in which solid waste is no longer being placed, and in which no additional solid wastes will be placed without first filing a notification of modification, as prescribed under 40 CFR 60.7(a)(4), with the board. Once a notification of modification has been filed, and additional solid waste is placed in the landfill, the landfill is no longer closed.

"Closure" means that point in time when a landfill becomes a closed landfill.

"Commenced" means that an owner has undertaken a continuous program of construction or modification or that an owner has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction or modification.

"Commercial waste" means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding construction, household, and industrial wastes.

"Construction" means fabrication, erection, or installation of an affected facility.

"Controlled landfill" means any landfill at which collection and control systems are required under this article as a result of the nonmethane organic compounds emission rate. The landfill is considered controlled at the time a collection and control system design plan is submitted in compliance with 9VAC5-40-5820 C 2 a.

"Design capacity" means the maximum amount of solid waste a landfill can accept, as indicated in terms of volume or mass in the most recent permit issued by the department under Part V (9VAC20-81-400 et seq.) of the Solid Waste Management Regulations, plus any in-place waste not accounted for in the most recent permit, or as calculated using good engineering practices acceptable to the board. If the owner chooses to convert the design capacity from volume to mass or from mass to volume to demonstrate that its design capacity is less than (i) 1.0 million megagrams or 1.0 million cubic meters in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 2.5 million megagrams or 2.5 million cubic meters in the remaining areas of the Commonwealth, the calculation must include a site-specific density, which must be recalculated annually.

"Disposal facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for the disposal of solid waste.

"Emission rate cutoff" means the threshold annual emission rate to which a landfill compares its estimated emission rate to determine if control under the regulation is required.

"Enclosed combustor" means an enclosed firebox which maintains a relatively constant limited peak temperature generally using a limited supply of combustion air. An enclosed flare is considered an enclosed combustor.

"Federal operating permit" means a permit issued under Article 1 (9VAC5-80-50 et seq.) of Part II of 9VAC5 Chapter 80.

"Flare" means an open combustor without enclosure or shroud.

"Gas mover equipment" means the equipment (i.e., fan, blower, compressor) used to transport landfill gas through the header system.

"Household waste" mean any solid waste, including garbage, trash and refuse, derived from households (including, but not limited to, single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreational areas). For the purposes of determining capacity as required by 9VAC5-40-5820 and NMOC emission rates as required by 9VAC5-40-5860, household waste includes sanitary waste (septage) in septic tanks.

"Industrial solid waste" means any solid waste generated by manufacturing or industrial processes that is not a hazardous waste regulated under Subtitle C (42 USC § 6921 et seq.) of RCRA (as reflected in 40 CFR Parts 264 and 265) and implemented by the department in 9VAC20 Chapter 60 (9VAC20-60, Virginia Hazardous Waste Management Regulations). Such waste may include, but is not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer and agricultural chemicals; food and related products and byproducts; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing and foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste.

"Interior well" means any well or similar collection component located inside the perimeter of the landfill waste. A perimeter well located outside the landfilled waste is not an interior well.

"Landfill" means an area of land or an excavation in which wastes are placed for permanent disposal, and that is not a land application unit, surface impoundment, injection well, or waste pile as those terms are defined under 9VAC20-81.

"Landfill gas" means any gas derived from the decomposition of organic waste deposited in an MSW landfill or from the evolution of volatile organic species in the waste. Emissions from MSW landfills is equivalent to landfill gas emissions.

"Lateral expansion" means a horizontal expansion of the waste boundaries of an existing MSW landfill. A lateral expansion is not a modification unless it results in an increase in the design capacity of the landfill.

"Modification" means an increase in the permitted volume design capacity of the landfill by either horizontal or vertical expansion based on its permitted design capacity as of May 30, 1991. Modification does not occur until the owner commences construction on the horizontal or vertical expansion.

"Municipal solid waste landfill" or "MSW landfill" means an entire disposal facility in a contiguous geographical space where household waste is placed in or on land. An MSW landfill may also receive other types of solid wastes regulated under Subtitle D (42 USC § 6941 et seq.) of RCRA (as reflected in 40 CFR 257.2) and implemented by the department in 9VAC20-81 (Solid Waste Management Regulations) such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste, and nonhazardous industrial solid waste. Portions of an MSW landfill may be separated by access roads. An MSW landfill may be publicly or privately owned. An MSW landfill may be a new MSW landfill, an existing MSW landfill, or a lateral expansion.

"Municipal solid waste landfill emissions" or "MSW landfill emissions" means gas generated by the decomposition of organic waste deposited in an MSW landfill or derived from the evolution of organic compounds in the waste.

"NMOC" means nonmethane organic compounds, as measured according to the provisions of 9VAC5-40-5860 B through E.

"Nondegradable waste" means any waste that does not decompose through chemical breakdown or microbiological activity. Examples include, but are not limited to, concrete, municipal waste combustor ash, and metals.

"Passive collection system" means a gas collection system that solely uses positive pressure within the landfill to move the gas rather than using gas mover equipment.

"RCRA" means the federal Resource Conservation and Recovery Act (42 USC § 6901 et seq.).

"Refuse" means trash, rubbish, garbage, and other forms of solid or liquid waste, including, but not limited to, wastes resulting from residential, agricultural, commercial, industrial, institutional, trade, construction, land clearing, forest management, and emergency operations.

"Sludge" means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

"Solid waste" means any garbage, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under 33 USC § 1342, or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC § 2011 et seq.). For more detail, see 9VAC20-81-95 of the Solid Waste Management Regulations.

"Sufficient density" means any number, spacing, and combination of collection system components, including vertical wells, horizontal collectors, and surface collectors, necessary to maintain emission and migration control as determined by measures of performance set forth in this part.

"Sufficient extraction rate" means a rate sufficient to maintain a negative pressure at all wellheads in the collection system without causing air infiltration, including any wellheads connected to the system as a result of expansion or excess surface emissions, for the life of the blower.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 12, Issue 11, eff. April 1, 1996; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999; Volume 20, Issue 8, eff. January 29, 2004; Volume 27, Issue 23, eff. August 17, 2011.

9VAC5-40-5820. Standard for air emissions.

A. This section shall apply to affected facilities that have accepted waste any time since November 8, 1987, or have additional design capacity available for future waste deposition, and meet the design capacity and emission rate applicability criteria in subdivisions A 1 or A 2 of this section.

1. For affected facilities located in the Northern Virginia Volatile Organic Compound Emissions Control Area as designated in 9VAC5-20-206:

a. A design capacity greater than or equal to 1.0 million megagrams and 1.0 million cubic meters; and

b. A nonmethane organic compound emission rate of 23 megagrams per year or more as determined using test procedures under 9VAC5-40-5860.

2. For affected facilities located in the remaining areas of the Commonwealth:

a. A design capacity greater than or equal to 2.5 million megagrams or 2.5 million cubic meters; and

b. A nonmethane organic compound emission rate of 50 megagrams per year or more as determined using test procedures under 9VAC5-40-5860.

B. Each owner of an MSW landfill having a design capacity less than (i) 1.0 million megagrams or 1.0 million cubic meters in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 2.5 million megagrams or 2.5 million cubic meters in the remaining areas of the Commonwealth shall submit an initial design capacity report to the board as provided in 9VAC5-40-5880 C no later than June 30, 1999. The landfill may calculate design capacity in either megagrams or cubic meters for comparison with the design capacity applicability criteria in subsection A of this section. Any density conversions shall be documented and submitted with the report. Submittal of the initial design capacity report shall fulfill the requirements of this article except as provided for in subdivisions B 1 and B 2 of this section.

1. The owner shall submit to the board an amended design capacity report, as provided for in 9VAC5-40-5880 C 3. If the design capacity increase is the result of a modification, as defined in 9VAC5-40-5810 C, that was commenced on or after May 30, 1991, the landfill is subject to the new source performance standard in Article 5 of 9VAC5 Chapter 50 (9VAC5-50-410) instead of this article. If the design capacity increase is the result of a change in operating practices, density, or some other change that is not a modification, the landfill remains subject to this article.

2. When an increase in the maximum design capacity of a landfill exempted from the provisions of 9VAC5-40-5820 C, 9VAC5-40-5822, 9VAC5-40-5824, 9VAC5-40-5850, 9VAC5-40-5860, 9VAC5-40-5870, 9VAC5-40-5880, and 9VAC5-40-5890 on the basis of the design capacity applicability criteria in subsection A of this section results in a revised maximum design capacity equal to or greater than (i) 1.0 million megagrams or 1.0 million cubic meters in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 2.5 million megagrams or 2.5 million cubic meters in the remaining areas of the Commonwealth, the owner shall comply with the provisions of subsection C of this section.

C. Each owner of an MSW landfill having a design capacity greater than or equal to (i) 1.0 million megagrams and 1.0 million cubic meters in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 2.5 million megagrams and 2.5 million cubic meters in the remaining areas of the Commonwealth shall either install a collection and control system as provided in subdivision C 2 of this section or calculate an initial NMOC emission rate for the landfill using the procedures specified in 9VAC5-40-5860. The NMOC emission rate shall be recalculated annually, except as provided in 9VAC5-40-5880 D 1 b.

1. If the calculated NMOC emission rate is less than (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the remaining areas of the Commonwealth, the owner shall:

a. Submit an annual emission report to the board, except as provided for in 9VAC5-40-5880 D 1 b; and

b. Recalculate the NMOC emission rate annually using the procedures specified in 9VAC5-40-5860 B 1 until such time as the calculated NMOC emission rate is greater than or equal to (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the remaining areas of the Commonwealth, or the landfill is closed.

(1) If the NMOC emission rate, upon initial calculation or annual recalculation required in subdivision C 1 b of this section, is greater than or equal to (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the remaining areas of the Commonwealth, the owner shall install a collection and control system in compliance with subdivision C 2 of this section.

(2) If the landfill is permanently closed, a closure notification shall be submitted to the board as provided for in 9VAC5-40-5880 F.

2. If the calculated NMOC emission rate is greater than or equal to (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the remaining areas of the Commonwealth, the owner shall:

a. Submit a collection and control system design plan prepared by a professional engineer to the board within one year:

(1) The collection and control system as described in the plan shall meet the design requirements of subdivision C 2 b of this section.

(2) The collection and control system design plan shall include any alternatives to the operational standards, test methods, procedures, compliance measures, monitoring, recordkeeping or reporting provisions of 9VAC5-40-5822, 9VAC5-40-5850, 9VAC5-40-5860, 9VAC5-40-5870, 9VAC5-40-5880, and 9VAC5-40-5890 proposed by the owner.

(3) The collection and control system design plan shall either conform with specifications for active collection systems in 9VAC5-40-5824 or include a demonstration to the board's satisfaction of the sufficiency of the alternative provisions to 9VAC5-40-5824.

(4) The board will review the information submitted under subdivisions C 2 a (1), (2) and (3) of this section and either approve it, disapprove it, or request that additional information be submitted. Because of the many site-specific factors involved with landfill gas system design, alternative systems may be necessary. A wide variety of system designs are possible, such as vertical wells, combination horizontal and vertical collection systems, or horizontal trenches only, leachate collection components, and passive systems. All design plan changes shall be submitted to the board and may be implemented only upon approval of the board.

b. Install a collection and control system that captures the gas generated within the landfill as required by subdivision C 2 b (1) or (2) of this section within 30 months after the first annual report in which the emission rate equals or exceeds (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the remaining areas of the Commonwealth, unless Tier 2 or Tier 3 sampling demonstrates that the emission rate is less than (a) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (b) 50 megagrams per year in the remaining areas of the Commonwealth, as specified in 9VAC5-40-5880 E 1 or E 2.

(1) An active collection system shall:

(a) Be designed to handle the maximum expected gas flow rate from the entire area of the landfill that warrants control over the intended use period of the gas control or treatment system equipment;

(b) Collect gas from each area, cell, or group of cells in the landfill in which the initial solid waste has been placed for a period of:

(i) Five years or more if active; or

(ii) Two years or more if closed or at final grade;

(c) Collect gas at a sufficient extraction rate;

(d) Be designed to minimize off-site migration of subsurface gas.

(2) A passive collection system shall:

(a) Comply with the provisions specified in subdivisions C 2 b (1) (a), (b), and (d) of this section.

(b) Be installed with liners on the bottom and all sides in all areas in which gas is to be collected. The liners shall be installed as required under 9VAC20-81-130.

c. Route all the collected gas to a control system that complies with the requirements in either subdivision C 2 c (1), (2) or (3) of this section.

(1) An open flare designed and operated in accordance with 40 CFR 60.18.

(2) A control system designed and operated to reduce NMOC by 98 weight-percent, or, when an enclosed combustion device is used for control, to either reduce NMOC by 98 weight-percent or reduce the outlet NMOC concentration to less than 20 parts per million by volume, dry basis as hexane at 3.0% oxygen. The reduction efficiency or parts per million by volume shall be established by an initial compliance test to be completed no later than 180 days after the initial startup of the approved control system using the test methods specified in 9VAC5-40-5860 E.

(a) If a boiler or process heater is used as the control device, the landfill gas stream shall be introduced into the flame zone.

(b) The control device shall be operated within the parameter ranges established during the initial or most recent compliance test. The operating parameters to be monitored are specified in 9VAC5-40-5870.

(3) Route the collected gas to a treatment system that processes the collected gas for subsequent sale or use. All emissions from any atmospheric vent from the gas treatment system shall be subject to the requirements of subdivision C 2 c (1) or (2) of this section.

d. Operate the collection and control device installed to comply with this article in accordance with the provisions of 9VAC5-40-5822, 9VAC5-40-5850, and 9VAC5-40-5870.

e. The collection and control system may be capped or removed provided that all the conditions of subdivisions C 2 e (1), (2), and (3) of this section are met:

(1) The landfill shall be a closed landfill as defined in 9VAC5-40-5810 and under the requirements of 9VAC20-81-160. A closure report shall be submitted to the board as provided in 9VAC5-40-5880 F;

(2) The collection and control system shall have been in operation a minimum of 15 years; and

(3) Following the procedures specified in 9VAC5-40-5860 C, the calculated NMOC gas produced by the landfill shall be less than (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the remaining areas of the Commonwealth on three successive test dates. The test dates shall be no less than 90 days apart and no more than 180 days apart.

D. When an MSW landfill subject to this article is closed, the owner is no longer subject to the requirement to maintain a federal operating permit for the landfill if the landfill is not otherwise subject to federal operating permit requirements if either of the following conditions are met:

1. The landfill was never subject to the requirement for a control system under 9VAC5-40-5820 C 2; or

2. The owner meets the conditions for control system removal specified in 9VAC5-40-5820 C 2 e.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 12, Issue 11, eff. April 1, 1996; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999; Volume 20, Issue 8, eff. January 29, 2004; Volume 27, Issue 23, eff. August 17, 2011.

9VAC5-40-5822. Operational standards for collection and control systems.

A. Each owner of an MSW landfill with a gas collection and control system used to comply with the provisions of 9VAC5-40-5820 C 2 b shall comply with the following requirements:

1. Operate the collection system such that gas is collected from each area, cell, or group of cells in the MSW landfill in which solid waste has been in place for:

a. Five years or more if active; or

b. Two years or more if closed or at final grade.

2. Operate the collection system with negative pressure at each wellhead except under the following conditions:

a. A fire or increased well temperature. The owner shall record instances when positive pressure occurs in efforts to avoid a fire. These records shall be submitted with the annual reports as provided in 9VAC5-40-5880 H 1;

b. Use of a geomembrane or synthetic cover. The owner shall develop acceptable pressure limits in the design plan; and

c. A decommissioned well. A well may experience a static positive pressure after shut down to accommodate for declining flows. All design changes shall be approved by the board.

3. Operate each interior wellhead in the collection system with a landfill gas temperature less than 55 degrees Celsius and with either a nitrogen level less than 20% or an oxygen level less than 5.0%. The owner may establish a higher operating temperature, nitrogen, or oxygen value at a particular well. A higher operating value demonstration shall show supporting data that the elevated parameter does not cause fires or significantly inhibit anaerobic decomposition by killing methanogens.

a. The nitrogen level shall be determined using Reference Method 3C in Appendix A of 40 CFR Part 60, unless an alternative method is established as allowed by 9VAC5-40-5820 C 2 a.

b. Unless an alternative method is established as allowed by 9VAC5-40-5820 C 2 a, the oxygen shall be determined by an oxygen meter using Reference Method 3A in Appendix A of 40 CFR Part 60 except that:

(1) The span shall be set so that the regulatory limit is between 20 and 50% of the span;

(2) A data recorder is not required;

(3) Only two calibration gases are required, a zero and span, and ambient air may be used as the span;

(4) A calibration error check is not required; and

(5) The allowable sample bias, zero drift, and calibration drift are ±10%.

4. Operate the collection system so that the methane concentration is less than 500 parts per million above background at the surface of the landfill. To determine if this level is exceeded, the owner shall conduct surface testing around the perimeter of the collection area and along a pattern that traverses the landfill at 30-meter intervals and where visual observations indicate elevated concentrations of landfill gas, such as distressed vegetation and cracks or seeps in the cover. The owner may establish an alternative traversing pattern that ensures equivalent coverage. A surface monitoring design plan shall be developed that includes a topographical map with the monitoring route and the rationale for any site-specific deviations from the 30-meter intervals. Areas with steep slopes or other dangerous areas may be excluded from the surface testing.

5. Operate the system such that all collected gases are vented to a control system designed and operated in compliance with 9VAC5-40-5820 C 2 c. In the event the collection or control system is inoperable, the gas mover system shall be shut down and all valves in the collection and control system contributing to venting of the gas to the atmosphere shall be closed within one hour.

6. Operate the control or treatment system at all times when the collected gas is routed to the system.

B. If monitoring demonstrates that the operational requirement in subdivision A 2, 3 or 4 of this section are not met, corrective action shall be taken as specified in 9VAC5-40-5850 C 3 through 5 or 9VAC5-40-5850 E. If corrective actions are taken as specified in 9VAC5-40-5850, the monitored exceedance is not a violation of the operational requirements in this section.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 15, Issue 12, eff. April 1, 1999; amended, Virginia Register Volume 20, Issue 8, eff. January 29, 2004.

9VAC5-40-5824. Specifications for active collection systems.

A. Each owner seeking to comply with 9VAC5-40-5820 C 2 a shall site active collection wells, horizontal collectors, surface collectors, or other extraction devices at a sufficient density throughout all gas producing areas using the following procedures unless alternative procedures have been approved by the board as provided in 9VAC5-40-5820 C 2 a (3) and (4):

1. The collection devices within the interior and along the perimeter areas shall be certified to achieve comprehensive control of surface gas emissions by a professional engineer. The following issues shall be addressed in the design: depths of refuse, refuse gas generation rates and flow characteristics, cover properties, gas system expandability, leachate and condensate management, accessibility, compatibility with filling operations, integration with closure end use, air intrusion control, corrosion resistance, fill settlement, and resistance to the refuse decomposition heat.

2. The sufficient density of gas collection devices determined in subdivision A 1 of this section shall address landfill gas migration issues and augmentation of the collection system through the use of active or passive systems at the landfill perimeter or exterior.

3. The placement of gas collection devices determined in subdivision A 1 of this section shall control all gas producing areas, except as provided by subdivisions A 3 a and A 3 b of this section.

a. Any segregated area of asbestos or nondegradable material may be excluded from collection if documented as provided under 9VAC5-40-5890 F. The documentation shall provide the nature, date of deposition, location and amount of asbestos or nondegradable material deposited in the area, and shall be provided to the board upon request.

b. Any nonproductive area of the landfill may be excluded from control, provided that the total of all excluded areas can be shown to contribute less than 1.0% of the total amount of NMOC emissions from the landfill. The amount, location, and age of the material shall be documented and provided to the board upon request. A separate NMOC emissions estimate shall be made for each section proposed for exclusion, and the sum of all such sections shall be compared to the NMOC emissions estimate for the entire landfill. Emissions from each section shall be computed using the following equation:

Qi = 2kL0Mi(e-kti)(CNMOC)(3.6 X 10-9)

where

Qi = NMOC emission rate from the ith section, megagrams per year

k = methane generation rate constant, year-1

L0 = methane generation potential, cubic meters per megagram solid waste

Mi = mass of the degradable solid waste in the ith section, megagrams

ti = age of the solid waste in the ith section, years

CNMOC = concentration of nonmethane organic compounds, parts per million by volume

3.6 X 10-9 = conversion factor

The values for k and CNMOC determined in field testing shall be used, if field testing has been performed in determining the NMOC emission rate or the radii of influence (this is distance from the well center to a point in the landfill where the pressure gradient applied by the blower or compressor approaches zero). If field testing has not been performed, the default values for k, L0 and CNMOC provided in 9VAC5-40-5860 B 1 or the alternative values from 9VAC5-40-5860 B 5 shall be used. The mass of nondegradable solid waste contained within the given section may be subtracted from the total mass of the section when estimating emissions provided the nature, location, age, and amount of the nondegradable material is documented as provided in subdivision A 3 a of this section.

B. Each owner seeking to comply with 9VAC5-40-5820 C 2 a (1) shall construct the gas collection devices using the following equipment or procedures:

1. The landfill gas extraction components shall be constructed of polyvinyl chloride (PVC), high density polyethylene (HDPE) pipe, fiberglass, stainless steel, or other nonporous, corrosion-resistant material of suitable dimensions to: convey projected amounts of gases; withstand installation, static, and settlement forces; and withstand planned overburden or traffic loads. The collection system shall extend as necessary to comply with emission and migration standards. Collection devices such as wells and horizontal collectors shall be perforated to allow gas entry without head loss sufficient to impair performance across the intended extent of control. Perforations shall be situated with regard to the need to prevent excessive air infiltration.

2. Vertical wells shall be placed so as not to endanger underlying liners and shall address the occurrence of water within the landfill. Holes and trenches constructed for piped wells and horizontal collectors shall be of sufficient cross section so as to allow for their proper construction and completion including, for example, centering of pipes and placement of gravel backfill. Collection devices shall be designed so as not to allow indirect short circuiting of air into the cover or refuse into the collection system or gas into the air. Any gravel used around pipe perforations should be of a dimension so as not to penetrate or block perforations.

3. Collection devices may be connected to the collection header pipes below or above the landfill surface. The connector assembly shall include a positive closing throttle valve, any necessary seals and couplings, access couplings and at least one sampling port. The collection devices shall be constructed of PVC, HDPE, fiberglass, stainless steel, or other nonporous material of suitable thickness.

C. Each owner seeking to comply with 9VAC5-40-5820 C 2 a (1) shall convey the landfill gas to a control system in compliance with 9VAC5-40-5820 C 2 c through the collection header pipe(s). The gas mover equipment shall be sized to handle the maximum gas generation flow rate expected over the intended use period of the gas moving equipment using the following procedures:

1. For existing collection systems, the flow data shall be used to project the maximum flow rate. If no flow data exists, the procedures in subdivision C 2 of this section shall be used.

2. For new collection systems, the maximum flow rate shall be in accordance with 9VAC5-40-5850 C 1.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 15, Issue 12, eff. April 1, 1999; amended, Virginia Register Volume 20, Issue 8, eff. January 29, 2004.

9VAC5-40-5830. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 11, eff. April 1, 1996.

9VAC5-40-5840. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 11, eff. April 1, 1996.

9VAC5-40-5850. Compliance.

A. The provisions of 9VAC5-40-20 (Compliance) apply.

B. Owners subject to 9VAC5-40-5820 shall comply with the provisions of Part III (9VAC20-81-100 et seq.) of 9VAC20 Chapter 81 (Solid Waste Management Regulations) pertaining to the control of landfill gases.

C. Except as provided in 9VAC5-40-5820 C 2 a (2), the specified methods in subdivisions C 1 through C 6 of this section shall be used to determine whether the gas collection system is in compliance with 9VAC5-40-5820 C 2 b.

1. For the purposes of calculating the maximum expected gas generation flow rate from the landfill to determine compliance with 9VAC5-40-5820 C 2 b (1) (a), one of the following equations shall be used. The k and L sub0 kinetic factors should be those published in the "Compilation of Air Pollutant Emission Factors (AP-42)" (see 9VAC5-20-21) or other site-specific values demonstrated to be appropriate and approved by the board. If k has been determined as specified in 9VAC5-40-5860 B 4, the value of k determined from the test shall be used. A value of no more than 15 years shall be used for the intended use period of the gas mover equipment. The active life of the landfill is the age of the landfill plus the estimated number of years until closure.

a. For sites with unknown year-to-year solid waste acceptance rate:

QM = 2L0R(e-kc - e-kt)

where

QM = maximum expected gas generation flow rate, cubic meters per year

L0 = methane generation potential, cubic meters per megagram solid waste

R = average annual acceptance rate, megagrams per year

k = methane generation rate constant, year-1

t = age of the landfill at equipment installation plus the time the owner or operator intends to use the gas mover equipment or active life of the landfill, whichever is less. If the equipment is installed after closure, t is the age of the landfill at installation, years

c = time since closure, years (for an active landfill c = 0 and e-kc = 1)

b. For sites with known year-to-year solid waste acceptance rate:

http://leg5.state.va.us/images/434973186316LEGLDH_files/image001.gif

where

QM = maximum expected gas generation flow rate, cubic meters per year

k = methane generation rate constant, year-1

L0 = methane generation potential, cubic meters per megagram solid waste

Mi = mass of solid waste in the ith section, megagrams

ti = age of the ith section, years

c. If a collection and control system has been installed, actual flow data may be used to project the maximum expected gas generation flow rate instead of, or in conjunction with, the equations in subdivisions C 1 a and b of this section. If the landfill is still accepting waste, the actual measured flow data will not equal the maximum expected gas generation rate, so calculations using the equations in subdivisions C 1 a or b of this section or other methods acceptable to the board shall be used to predict the maximum expected gas generation rate over the intended period of use of the gas control system equipment.

2. For the purposes of determining sufficient density of gas collectors for compliance with 9VAC5-40-5820 C 2 b (1) (b), the owner shall design a system of vertical wells, horizontal collectors, or other collection devices, acceptable to the board, capable of controlling and extracting gas from all portions of the landfill sufficient to meet all operational and performance standards.

3. For the purpose of demonstrating whether the gas collection system flow rate is sufficient to determine compliance with 9VAC5-40-5820 C 2 b (1) (c), the owner shall measure gauge pressure in the gas collection header at each individual well, monthly. If a positive pressure exists, action shall be initiated to correct the exceedance within five calendar days, except for the three conditions allowed under 9VAC5-40-5822 A 2. If negative pressure cannot be achieved without excess air infiltration within 15 calendar days of the first measurement, the gas collection system shall be expanded to correct the exceedance within 120 days of the initial measurement of positive pressure. Any attempted corrective measure shall not cause exceedances of other operational or performance standards. An alternative timeline for correcting the exceedance may be submitted to the board for approval.

4. Owners are not required to expand the system as required in subdivision C 3 of this section during the first 180 days after gas collection system startup.

5. For the purpose of identifying whether excess air infiltration into the landfill is occurring, the owner shall monitor each well monthly for temperature and nitrogen or oxygen as provided in 9VAC5-40-5822 A 3. If a well exceeds one of these operating parameters, action shall be initiated to correct the exceedance within five calendar days. If correction of the exceedance cannot be achieved within 15 calendar days of the first measurement, the gas collection system shall be expanded to correct the exceedance within 120 days of the initial exceedance. Any attempted corrective measure shall not cause exceedances of other operational or performance standards. An alternative timeline for correcting the exceedance may be submitted to the board for approval.

6. An owner seeking to demonstrate compliance with 9VAC5-40-5820 C 2 b (1) (d) through the use of a collection system not conforming to the specifications provided in 9VAC5-40-5824 shall provide information acceptable to the board as specified in 9VAC5-40-5820 C 2 a (3) demonstrating that off-site migration is being controlled.

D. For purposes of compliance with 9VAC5-40-5822 A 1, each owner of a controlled landfill shall place each well or design component as specified in the approved design plan as provided in 9VAC5-40-5820 C 2 a. Each well shall be installed no later than 60 days after the date on which the initial solid waste has been in place for a period of:

1. Five years or more if active; or

2. Two years or more if closed or at final grade.

E. The following procedures shall be used for compliance with the surface methane operational standard as provided in 9VAC5-40-5822 A 4.

1. After installation of the collection system, the owner shall monitor surface concentrations of methane along the entire perimeter of the collection area and along a pattern that traverses the landfill at 30-meter intervals (or a site-specific established spacing) for each collection area on a quarterly basis using an organic vapor analyzer, flame ionization detector, or other portable monitor meeting the specifications provided in subsection F of this section.

2. The background concentration shall be determined by moving the probe inlet upwind and downwind outside the boundary of the landfill at a distance of at least 30 meters from the perimeter wells.

3. Surface emission monitoring shall be performed in accordance with § 4.3.1 of Reference Method 21 of Appendix A of 40 CFR Part 60, except that the probe inlet shall be placed within 5 to 10 centimeters of the ground. Monitoring shall be performed during typical meteorological conditions.

4. Any reading of 500 parts per million or more above background at any location shall be recorded as a monitored exceedance and the actions specified in subdivisions E 4 a through e of this section shall be taken. As long as the specified actions are taken, the exceedance is not a violation of the operational requirements of 9VAC5-40-5822 A 4.

a. The location of each monitored exceedance shall be marked and the location recorded.

b. Cover maintenance or adjustments to the vacuum of the adjacent wells to increase the gas collection in the vicinity of each exceedance shall be made and the location shall be remonitored within 10 calendar days of detecting the exceedance.

c. If the remonitoring of the location shows a second exceedance, additional corrective action shall be taken and the location shall be monitored again within 10 days of the second exceedance. If the remonitoring shows a third exceedance for the same location, the action specified in subdivision E 4 e of this section shall be taken, and no further monitoring of that location is required until the action specified in subdivision E 4 e of this section has been taken.

d. Any location that initially showed an exceedance but has a methane concentration less than 500 parts per million methane above background at the 10-day remonitoring specified in subdivision E 4 b or c of this section shall be remonitored one month from the initial exceedance. If the one-month remonitoring shows a concentration less than 500 parts per million above background, no further monitoring of that location is required until the next quarterly monitoring period. If the 1-month remonitoring shows an exceedance, the actions specified in subdivision E 4 c or e of this section shall be taken.

e. For any location where monitored methane concentration equals or exceeds 500 parts per million above background three times within a quarterly period, a new well or other collection device shall be installed within 120 calendar days of the initial exceedance. An alternative remedy to the exceedance, such as upgrading the blower, header pipes or control device, and a corresponding timeline for installation may be submitted to the board for approval.

5. The owner shall implement a program to monitor for cover integrity and implement cover repairs as necessary on a monthly basis.

F. Each owner seeking to comply with the provisions in subsection E of this section shall comply with the following instrumentation specifications and procedures for surface emission monitoring devices:

1. The portable analyzer shall meet the instrument specifications provided in § 3 of Reference Method 21 of Appendix A of 40 CFR Part 60, except that "methane" shall replace all references to VOC.

2. The calibration gas shall be methane, diluted to a nominal concentration of 500 parts per million in air.

3. To meet the performance evaluation requirements in § 3.1.3 of Reference Method 21 of Appendix A of 40 CFR Part 60, the instrument evaluation procedures of § 4.4 of Reference Method 21 of Appendix A of 40 CFR Part 60 shall be used.

4. The calibration procedures provided in § 4.2 of Reference Method 21 of Appendix A of 40 CFR Part 60 shall be followed immediately before commencing a surface monitoring survey.

G. The provisions of this article apply at all times, except during periods of startup, shutdown, or malfunction, provided that the duration of startup, shutdown, or malfunction shall not exceed five days for collection systems and shall not exceed one hour for treatment or control devices. This subsection shall not apply to the emission standards set forth in 9VAC5-40-5830 and 9VAC5-40-5840.

H. With regard to startup, shutdown, and malfunction, the provisions of 9VAC5-40-5850 A and 9VAC5-40-5910 shall apply to the emission standards set forth in 9VAC5-40-5830 and 9VAC5-40-5840.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 12, Issue 11, eff. April 1, 1996; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999; Volume 20, Issue 8, eff. January 29, 2004; Volume 27, Issue 23, eff. August 17, 2011.

9VAC5-40-5855. Compliance schedule.

A. Except as provided for under subsection B of this section, the owner of a municipal solid waste landfill subject to this article located outside the Northern Virginia Volatile Organic Compound Emissions Control Area and with a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters shall plan, award contracts, and install emission collection and control equipment capable of meeting the standards established under 9VAC5-40-5820 within specific periods after the date the initial NMOC emission rate report under 9VAC5-40-5880 D 1 a shows NMOC emissions equal or exceed 50 megagrams per year, as follows:

1. The collection and control design plan shall be submitted to the board within 12 months.

2. Construction contracts shall be awarded within 18 months.

3. Construction shall be initiated within 20 months.

4. Construction shall be completed within 28 months.

5. Final compliance shall be achieved within 30 months after the date the initial annual emission rate report shows NMOC emissions greater than or equal to 50 megagrams per year.

B. For each MSW landfill located outside of the Northern Virginia Volatile Organic Compound Emissions Control Area with a design capacity of 2.5 million megagrams and 2.5 million cubic meters and with an NMOC rate less than 50 megagrams per year on April 1, 1999, installation of collection and control systems capable of meeting the standards established under 9VAC5-40-5820 shall be accomplished within 30 months of the date when the condition in 9VAC5-40-5820 C is met (i.e., the date of the first annual NMOC emission rate which equals or exceeds 50 megagrams per year), as follows:

1. The collection and control design plan shall be submitted to the board within 12 months.

2. Construction contracts shall be awarded within 18 months.

3. Construction shall be initiated within 20 months.

4. Construction shall be completed within 28 months.

5. Final compliance shall be achieved within 30 months after the date the initial annual emission rate report shows NMOC emissions greater than or equal to 50 megagrams per year.

C. Except as provided for under subsection D of this section, the owner of a municipal solid waste landfill subject to this article in the Northern Virginia Volatile Organic Compound Emissions Control Area, with a design capacity greater than or equal to 1.0 million megagrams and 1.0 million cubic meters shall plan, award contracts, and install emission collection and control equipment capable of meeting the standards established under 9VAC5-40-5820 by December 30, 1999, provided the initial NMOC emission rate report shows NMOC emissions equal or exceed 23 megagrams per year.

D. For each MSW landfill in the Northern Virginia Volatile Organic Compound Emissions Control Area, with a design capacity greater than or equal to 1.0 million megagrams and 1.0 million cubic meters and with an NMOC rate less than 23 megagrams per year on April 1, 1999, installation of collection and control systems capable of meeting the standards established under 9VAC5-40-5820 shall be accomplished within 30 months of the date when the condition in 9VAC5-40-5820 C is met (i.e., the date of the first annual NMOC emission rate which equals or exceeds 23 megagrams per year), as follows:

1. The collection and control design plan shall be submitted to the board within 12 months.

2. Construction contracts shall be awarded within 18 months.

3. Construction shall be initiated within 20 months.

4. Construction shall be completed within 28 months.

5. Final compliance shall be achieved within 30 months after the date the initial annual emission rate report shows NMOC emissions greater than or equal to 23 megagrams per year.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 15, Issue 12, eff. April 1, 1999; amended, Virginia Register Volume 20, Issue 8, eff. January 29, 2004.

9VAC5-40-5860. Test methods and procedures.

A. The provisions of 9VAC5-40-30 (Emission testing) or 40 CFR 60.8, whichever is more restrictive, apply.

B. 1. The owner shall calculate the NMOC emission rate using either the equation provided in subdivision B 1 a of this section or the equation provided in subdivision B 1 b of this section. Both equations may be used if the actual year-to-year solid waste acceptance rate is known, as specified in subdivision B 1 a of this section, for part of the life of the landfill and the actual year-to-year solid waste acceptance rate is unknown, as specified in subdivision B 1 b of this section, for part of the life of the landfill. The values to be used in both equations are 0.05 per year for k, 170 cubic meters per megagram for L0, and 4,000 parts per million by volume as hexane for the CNMOC. For landfills located in geographical areas with a 30-year average annual precipitation of less than 25 inches, as measured at the nearest representative official meteorological site, the k value to be used is 0.02 per year.

a. The following equation shall be used if the actual year-to-year solid waste acceptance rate is known.

MNMOC = 2kL0Mi (e-kti) (CNMOC) (3.6 X 10-9)

where

MNMOC = Total NMOC emission rate from the landfill, megagrams per year

k = methane generation rate constant, year-1

L0 = methane generation potential, cubic meters per megagram solid waste

Mi = mass of solid waste in the ith section, megagrams

ti = age of the ith section, years

CNMOC = concentration of NMOC, parts per million by volume as hexane

3.6 X 10-9 = conversion factor

The mass of nondegradable solid waste may be subtracted from the total mass of solid waste in a particular section of the landfill when calculating the value for Mi if documentation of the nature and amounts of such wastes is obtained.

b. The following equation shall be used if the actual year-to-year solid waste acceptance rate is unknown.

MNMOC = 2L0 R(e-kc -e-kt)(CNMOC)(3.6 X 10-9)

where

MNMOC = mass emission rate of NMOC, megagrams per year

L0 = methane generation potential, cubic meters per megagram solid waste

R = average annual acceptance rate, megagrams per year

k = methane generation rate constant, year-1

t = age of landfill, years

CNMOC = concentration of NMOC, parts per million by volume as hexane

c = time since closure, years. For active landfill c = 0 and e-kc = 1

3.6 X 10-9 = conversion factor

The mass of nondegradable solid waste may be subtracted from the total mass of solid waste in a particular section of the landfill when calculating the value of R if documentation of the nature and amounts of such waste is maintained.

2. Tier 1. The owner shall compare the calculated NMOC mass emission rate to the following emission rate applicability criteria: (i) in the Northern Virginia Volatile Organic Compound Emissions Control Area, 23 megagrams per year or (ii) in the remaining areas of the Commonwealth, 50 megagrams per year.

a. If the NMOC emission rate calculated in subdivision B 1 of this section is (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the remaining areas of the Commonwealth, then the owner shall submit an emission rate report as provided in 9VAC5-40-5880 D 1, and shall recalculate the NMOC mass emission rate annually as required under 9VAC5-40-5820 C 1.

b. If the calculated NMOC emission rate is greater than or equal to (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the remaining areas of the Commonwealth, then the owner shall either comply with 9VAC5-40-5820 C 2, or determine a site-specific NMOC concentration and recalculate the NMOC emission rate using the procedures provided in subdivision B 3 of this section.

3. Tier 2. The owner shall determine the NMOC concentration using the following sampling procedure. The owner shall install at least two sample probes per hectare of landfill surface that has retained waste for at least two years. If the landfill is larger than 25 hectares in area, only 50 samples are required. The sample probes should be located to avoid known areas of nondegradable solid waste. The owner shall collect and analyze one sample of landfill gas from each probe to determine the NMOC concentration using Reference Method 25C of Appendix A of 40 CFR Part 60 or Reference Method 18 of Appendix A of 40 CFR Part 60. If using Reference Method 18 of Appendix A of 40 CFR Part 60, the minimum list of compounds to be tested shall be those published in the "Compilation of Air Pollutant Emission Factors (AP-42)" (see 9VAC5-20-21). If composite sampling is used, equal volumes shall be taken from each sample probe. If more than the required number of samples are taken, all samples shall be used in the analysis. The owner shall divide the NMOC concentration from Reference Method 25C of Appendix A of 40 CFR Part 60 by six to convert from CNMOC as carbon to CNMOC as hexane.

a. The owner shall recalculate the NMOC mass emission rate using the equations provided in subdivision B 1 a or B 1 b of this section and using the average NMOC concentration from the collected samples instead of the default value in the equation provided in subdivision B 1 of this section.

b. If the resulting mass emission rate calculated using the site-specific NMOC concentration is greater than or equal to (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the remaining areas of the Commonwealth, then the owner shall either comply with 9VAC5-40-5820 C 2, or determine the site-specific methane generation rate constant and recalculate the NMOC emission rate using the site-specific methane generation rate using the procedure specified in subdivision B 4 of this section.

c. If the resulting NMOC mass emission rate is less than (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the remaining areas of the Commonwealth, the owner shall submit a periodic estimate of the emission rate report as provided in 9VAC5-40-5880 D 1 and retest the site-specific NMOC concentration every five years using the methods specified in this section.

4. Tier 3. The site-specific methane generation rate constant shall be determined using the procedures provided in Reference Method 2E of Appendix A of 40 CFR Part 60. The owner shall estimate the NMOC mass emission rate using equations in subdivision B 1 a or B 1 b of this section and using a site-specific methane generation rate constant k, and the site-specific NMOC concentration as determined in subdivision B 3 of this section instead of the default values provided in subdivision B 1 of this section. The owner shall compare the resulting NMOC mass emission rate to the following emission rate applicability criteria: (i) in the Northern Virginia Volatile Organic Compound Emissions Control Area, 23 megagrams per year or (ii) in the remaining areas of the Commonwealth, 50 megagrams per year.

a. If the NMOC mass emission rate as calculated using the site-specific methane generation rate and concentration of NMOC is greater than or equal to (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the remaining areas of the Commonwealth, the owner shall comply with 9VAC5-40-5820 C 2.

b. If the NMOC mass emission rate is less than (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the remaining areas of the Commonwealth, then the owner shall submit a periodic emission rate report as provided in 9VAC5-40-5880 D 1 and shall recalculate the NMOC mass emission rate annually, as provided in 9VAC5-40-5880 D 1 using the equations in subdivision B 1 of this section and using the site-specific methane generation rate constant and NMOC concentration obtained in subdivision B 3 of this section. The calculation of the methane generation rate constant is performed only once, and the value obtained from this test shall be used in all subsequent annual NMOC emission rate calculations.

5. The owner may use other methods to determine the NMOC concentration or a site-specific k as an alternative method required in subdivisions B 3 and B 4 of this section if the method has been approved by the board.

C. After the installation of a collection and control system in compliance with 9VAC5-40-5850, the owner shall calculate the NMOC emission rate for purposes of determining when the system can be removed as provided in 9VAC5-40-5820 C 2 e, using the following equation:

MNMOC = 1.89 X 10-3 QLFG CNMOC

where

MNMOC = mass emission rate of NMOC, megagrams per year

QLFG = flow rate of landfill gas, cubic meters per minute

CNMOC = NMOC concentration, parts per million by volume as hexane

1. The flow rate of landfill gas, QLFG, shall be determined by measuring the total landfill gas flow rate at the common header pipe that leads to the control device using a gas flow measuring device calibrated according to the provisions of § 4 of Reference Method 2E of Appendix A of 40 CFR Part 60.

2. The average NMOC concentration, CNMOC, shall be determined by collecting and analyzing landfill gas sampled from the common header pipe before the gas moving or condensate removal equipment using the procedures in Reference Method 25C or Reference Method 18 of Appendix A of 40 CFR Part 60. If using Reference Method 18 of Appendix A of 40 CFR Part 60, the minimum list of compounds to be tested shall be those published in the "Compilation of Air Pollutant Emission Factors (AP-42)" (see 9VAC5-20-21). The sample location on the common header pipe shall be before any condensate removal or other gas refining units. The owner shall divide the NMOC concentration from Reference Method 25C of Appendix A of 40 CFR Part 60 by six to convert from CNMOC as carbon to CNMOC as hexane.

3. The owner may use an alternative method to determine landfill gas flow rate and NMOC concentration if the method has been approved by the board.

D. When calculating emissions for prevention of significant deterioration purposes, the owner of each MSW landfill subject to the provisions of this article shall estimate the NMOC emission rate for comparison to the prevention of significant deterioration major source and significance levels in Article 8 (9VAC5-80-1700 et seq.) of Part II of 9VAC5 Chapter 80 using the "Compilation of Air Pollutant Emission Factors (AP-42)" (see 9VAC5-20-21) or other measurement procedures acceptable to the board. If a collection system, which complies with the provisions in 9VAC5-40-5820 C 2 is already installed, the owner shall estimate the NMOC emission rate using the procedures provided in subsection C of this section.

E. For the compliance test required in 9VAC5-40-5820 C 2 c (2), Reference Method 25 or Reference Method 18 of Appendix A of 40 CFR Part 60 shall be used to determine compliance with 98 weight-percent efficiency or the 20 ppmv outlet concentration level, unless an alternative method to demonstrate compliance has been approved by the board as provided by 9VAC5-40-5820 C 2 a (2). If using Reference Method 18 of Appendix A of 40 CFR Part 60, the minimum list of compounds to be tested shall be those published in the "Compilation of Air Pollutant Emission Factors (AP-42)" (see 9VAC5-20-21). The following equation shall be used to calculate efficiency:

Control Efficiency = (NMOCin - NMOCout)/(NMOCin)

where

NMOCin = mass of NMOC entering control device

NMOCout = mass of NMOC exiting control device

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 12, Issue 11, eff. April 1, 1996; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999; Volume 20, Issue 8, eff. January 29, 2004.

9VAC5-40-5870. Monitoring.

A. The provisions of 9VAC5-40-40 (Monitoring) apply.

B. Except as provided in 9VAC5-40-5820 C 2 a (2), the provisions of subsections C through H of this section apply.

C. Each owner seeking to comply with 9VAC5-40-5820 C 2 b (1) for an active gas collection system shall install a sampling port and a thermometer, other temperature measuring device, or an access port for temperature measurements at each wellhead and:

1. Measure the gauge pressure in the gas collection header on a monthly basis as provided in 9VAC5-40-5850 C 3; and

2. Monitor nitrogen or oxygen concentration in the landfill gas on a monthly basis as provided in 9VAC5-40-5850 C 5; and

3. Monitor temperature of the landfill gas on a monthly basis as provided in 9VAC5-40-5850 C 5.

D. Each owner seeking to comply with 9VAC5-40-5820 C 2 c using an enclosed combustor shall calibrate, maintain, and operate according to the manufacturer's specifications, the following equipment.

1. A temperature monitoring device equipped with a continuous recorder and having a minimum accuracy of ± 1.0 percent of the temperature being measured expressed in degrees Celsius or ± 0.5 degrees Celsius, whichever is greater. A temperature monitoring device is not required for boilers or process heaters with design heat input capacity equal to or greater than 44 megawatts.

2. A device that records flow to or bypass of the control device. The owner shall either:

a. Install, calibrate, and maintain a gas flow rate measuring device that shall record the flow to the control device at least every 15 minutes; or

b. Secure the bypass line valve in the closed position with a car-seal or a lock-and-key type configuration. A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure that the valve is maintained in the closed position and that the gas flow is not diverted through the bypass line.

E. Each owner seeking to comply with 9VAC5-40-5820 C 2 c using an open flare shall install, calibrate, maintain, and operate according to the manufacturer's specifications the following equipment:

1. A heat sensing device, such as an ultraviolet beam sensor or thermocouple, at the pilot light or the flame itself to indicate the continuous presence of a flame.

2. A device that records flow to or bypass of the flare. The owner shall either:

a. Install, calibrate, and maintain a gas flow rate measuring device that shall record the flow to the control device at least every 15 minutes; or

b. Secure the bypass line valve in the closed position with a car-seal or a lock-and-key type configuration. A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure that the valve is maintained in the closed position and that the gas flow is not diverted through the bypass line.

F. Each owner seeking to demonstrate compliance with 9VAC5-40-5820 C 2 c using a device other than an open flare or an enclosed combustor shall provide information acceptable to the board as provided in 9VAC5-40-5820 C 2 a (2) describing the operation of the control device, the operating parameters that would indicate proper performance, and appropriate monitoring procedures. The board will review the information and either approve it, or request that additional information be submitted. The board may specify additional appropriate monitoring procedures.

G. Each owner seeking to install a collection system that does not meet the specifications in 9VAC5-40-5824 or seeking to monitor alternative parameters to those required by 9VAC5-40-5822, 9VAC5-40-5850, 9VAC5-40-5860, and 9VAC5-40-5870 shall provide information acceptable to the board as provided in 9VAC5-40-5820 C 2 a (2) and (3) describing the design and operation of the collection system, the operating parameters that would indicate proper performance, and appropriate monitoring procedures. The board may specify additional appropriate monitoring procedures.

H. Each owner seeking to demonstrate compliance with 9VAC5-40-5850 E, shall monitor surface concentrations of methane according to the instrument specifications and procedures provided in 9VAC5-40-5850 F. Any closed landfill that has no monitored exceedances of the operational standard in three consecutive quarterly monitoring periods may skip to annual monitoring. Any methane reading of 500 parts per million or more above background detected during the annual monitoring returns the frequency for that landfill to quarterly monitoring.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 12, Issue 11, eff. April 1, 1996; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999; Volume 20, Issue 8, eff. January 29, 2004.

9VAC5-40-5880. Reporting.

A. The provisions of 9VAC5-40-5840 (Notification, records and reporting) apply.

B. Except as provided in 9VAC5-40-5820 C 2 a (2), the provisions of subsections C through I of this section apply.

C. Each owner subject to the requirements of this article shall submit an initial design capacity report to the board.

1. The initial design capacity report shall be submitted no later than June 30, 1999.

2. The initial design capacity report shall contain the following information:

a. A map or plot of the landfill, providing the size and location of the landfill, and identifying all areas where solid waste may be landfilled according to the permit issued by the department under Part V (9VAC20-81-400 et seq.) of 9VAC20 Chapter 81 (Solid Waste Management Regulations);

b. The maximum design capacity of the landfill. Where the maximum design capacity is specified in a permit issued by the department under Part V (9VAC20-81-400 et seq.) of 9VAC20 Chapter 81 (Solid Waste Management Regulations), a copy of the permit specifying the maximum design capacity may be submitted as part of the report. If the maximum design capacity of the landfill is not specified in the permit, the maximum design capacity shall be calculated using good engineering practices acceptable to the board. The calculations shall be provided, along with the relevant parameters as part of the report. The board may request other reasonable information as may be necessary to verify the maximum design capacity of the landfill.

3. An amended design capacity report shall be submitted to the board providing notification of an increase in the design capacity of the landfill within 90 days of an increase in the maximum design capacity of the landfill to or above (i) 1.0 million megagrams and 1.0 million cubic meters in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 2.5 million megagrams and 2.5 million cubic meters in the remaining areas of the Commonwealth. This increase in design capacity may result from an increase in the permitted volume of the landfill or an increase in the density as documented in the annual recalculation required in 9VAC5-40-5890 H.

D. Each owner subject to the requirements of this article shall submit an NMOC emission rate report to the board initially and annually thereafter, except as provided for in subdivisions D 1 b or D 3 of this section. The board may request such additional information as may be necessary to verify the reported NMOC emission rate.

1. The NMOC emission rate report shall contain an annual or five-year estimate of the NMOC emission rate calculated using the formula and procedures provided in 9VAC5-40-5860 B or C, as applicable.

a. The initial NMOC emission rate report shall be submitted by June 30, 1999, and may be combined with the initial design capacity report required in subsection C of this section. Subsequent NMOC emission rate reports shall be submitted annually thereafter, except as provided for in subdivisions D 1 b and D 3 of this section.

b. If the estimated NMOC emission rate as reported in the annual report to the board is less than (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the remaining areas of the Commonwealth in each of the next five consecutive years, the owner may elect to submit an estimate of the NMOC emission rate for the next five-year period in lieu of the annual report. This estimate shall include the current amount of solid waste-in-place and the estimated waste acceptance rate for each year of the five years for which an NMOC emission rate is estimated. All data and calculations upon which this estimate is based shall be provided to the board. This estimate shall be revised at least once every five years. If the actual waste acceptance rate exceeds the estimated waste acceptance rate in any year reported in the five-year estimate, a revised five-year estimate shall be submitted to the board. The revised estimate shall cover the five-year period beginning with the year in which the actual waste acceptance rate exceeded the estimated waste acceptance rate.

2. The NMOC emission rate report shall include all the data, calculations, sample reports and measurements used to estimate the annual or five-year emissions.

3. Each owner subject to the requirements of this article is exempted from the requirements of subdivisions D 1 and 2 of this section, after the installation of a collection and control system in compliance with 9VAC5-40-5820 C 2, during such time as the collection and control system is in operation and in compliance with 9VAC5-40-5822 and 9VAC5-40-5850.

E. Each owner subject to the provisions of 9VAC5-40-5820 C 2 a shall submit a collection and control system design plan to the board within one year of the first report, required under subdivision D of this section, in which the emission rate is greater than or equal to (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the remaining areas of the Commonwealth, except as follows:

1. If the owner elects to recalculate the NMOC emission rate after Tier 2 NMOC sampling and analysis as provided in 9VAC5-40-5860 B 3 and the resulting rate is less than (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the remaining areas of the Commonwealth, annual periodic reporting shall be resumed, using the Tier 2 determined site-specific NMOC concentration, until the calculated emission rate is greater than or equal to (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the remaining areas of the Commonwealth, or the landfill is closed. The revised NMOC emission rate report, with the recalculated emission rate based on NMOC sampling and analysis, shall be submitted within 180 days of the first calculated exceedance of the emission rate applicability criteria.

2. If the owner elects to recalculate the NMOC emission rate after determining a site-specific methane generation rate constant (k), as provided in Tier 3 in 9VAC5-40-5860 B 4, and the resulting NMOC emission rate is less than (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the remaining areas of the Commonwealth, annual periodic reporting shall be resumed. The resulting site-specific methane generation rate constant (k) shall be used in the emission rate calculation until such time as the emissions rate calculation results in an exceedance. The revised NMOC emission rate report based on the provisions of 9VAC5-40-5860 B 4 and the resulting site-specific methane generation rate constant (k) shall be submitted to the board within one year of the first calculated emission rate exceeding (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the remaining areas of the Commonwealth.

F. Each owner of a controlled landfill shall submit a closure report to the board within 30 days of waste acceptance cessation. The board may request additional information as may be necessary to verify that permanent closure has taken place in accordance with the requirements of 9VAC20-81-160. If a closure report has been submitted to the board, no additional wastes may be placed into the landfill without obtaining a permit issued by the department under Part V (9VAC20-81-400 et seq.) of 9VAC20 Chapter 81 (Solid Waste Management Regulations).

G. Each owner of a controlled landfill shall submit an equipment removal report to the board 30 days prior to removal or cessation of operation of the control equipment.

1. The equipment removal report shall contain all of the following items:

a. A copy of the closure report submitted in accordance with subsection F of this section;

b. A copy of the initial compliance test report demonstrating that the 15-year minimum control period has expired; and

c. Dated copies of three successive NMOC emission rate reports demonstrating that the landfill is no longer producing (i) 23 megagrams or greater of NMOC per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams or greater of NMOC per year in the remaining areas of the Commonwealth.

2. The board may request such additional information as may be necessary to verify that all of the conditions for removal in 9VAC5-40-5820 C 2 e have been met.

H. Each owner of a landfill seeking to comply with 9VAC5-40-5820 C 2 using an active collection system designed in accordance with 9VAC5-40-5820 C 2 b shall submit to the board annual reports of the recorded information in subdivisions H 1 through H 6 of this section. The initial annual report shall be submitted within 180 days of installation and startup of the collection and control system, and shall include the initial compliance test report. For enclosed combustion devices and flares, reportable exceedances are defined under 9VAC5-40-5890 E.

1. Value and length of time for exceedance of applicable parameters monitored under 9VAC5-40-5870 C, D, E, and F.

2. Description and duration of all periods when the gas stream is diverted from the control device through a bypass line or the indication of bypass flow as specified under 9VAC5-40-5870.

3. Description and duration of all periods when the control device was not operating for a period exceeding one hour and length of time the control device was not operating.

4. All periods when the collection system was not operating in excess of five days.

5. The location of each exceedance of the 500 parts per million methane concentration as provided in 9VAC5-40-5822 A 4 and the concentration recorded at each location for which an exceedance was recorded in the previous month.

6. The date of installation and the location of each well or collection system expansion added pursuant to subdivisions C 3, D, and E 4 of 9VAC5-40-5850.

I. Each owner seeking to comply with 9VAC5-40-5820 C 2 a shall include the following information with the initial compliance test report:

1. A diagram of the collection system showing collection system positioning including all wells, horizontal collectors, surface collectors, or other gas extraction devices, including the locations of any areas excluded from collection and the proposed sites for the future collection system expansion;

2. The data upon which the sufficient density of wells, horizontal collectors, surface collectors, or other gas extraction devices and the gas mover equipment sizing are based;

3. The documentation of the presence of asbestos or nondegradable material for each area from which collection wells have been excluded based on the presence of asbestos or nondegradable material;

4. The sum of the gas generation flow rates for all areas from which collection wells have been excluded based on nonproductivity and the calculations of gas generation flow rate for each excluded area; and

5. The provisions for increasing gas mover equipment capacity with increased gas generation flow rate, if the present gas mover equipment is inadequate to move the maximum flow rate expected over the life of the landfill; and

6. The provisions for the control of off-site migration.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 12, Issue 11, eff. April 1, 1996; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999; Volume 20, Issue 8, eff. January 29, 2004; Volume 27, Issue 23, eff. August 17, 2011.

9VAC5-40-5890. Recordkeeping.

A. The provisions of 9VAC5-40-50 (Notification, records and reporting) apply.

B. Except as provided in 9VAC5-40-5820 C 2 a (2), the provisions of subsections C through G of this section apply.

C. Each owner of an MSW landfill subject to the provisions of 9VAC5-40-5820 C shall keep for at least five years up-to-date, readily accessible, on-site records of the design capacity report which triggered 9VAC5-40-5820 C, the current amount of solid waste in-place, and the year-by-year waste acceptance rate. Off-site records may be maintained if they are retrievable within four hours. Either paper copy or electronic formats are acceptable.

D. Each owner of a controlled landfill shall keep up-to-date, readily accessible records for the life of the control equipment of the data listed in subdivisions D 1 through D 4 of this section as measured during the initial compliance test or compliance determination. Records of subsequent tests or monitoring shall be maintained for a minimum of five years. Records of the control device vendor specifications shall be maintained until removal.

1. Where an owner subject to the provisions of this article seeks to demonstrate compliance with 9VAC5-40-5820 C 2 b:

a. The maximum expected gas generation flow rate as calculated in 9VAC5-40-5850 C 1. The owner may use an alternative method to determine the maximum gas generation flow rate, if the method has been approved by the board.

b. The density of wells, horizontal collectors, surface collectors, or other gas extraction devices determined using the procedures specified in 9VAC5-40-5824 A 1.

2. Where an owner subject to the provisions of this article seeks to demonstrate compliance with 9VAC5-40-5820 C 2 c through use of an enclosed combustion device other than a boiler or process heater with a design heat input capacity equal to or greater than 44 megawatts:

a. The average combustion temperature measured at least every 15 minutes and averaged over the same time period of the compliance test.

b. The percent reduction of NMOC determined as specified in 9VAC5-40-5820 C 2 c (2) achieved by the control device.

3. Where an owner subject to the provisions of this article seeks to demonstrate compliance with 9VAC5-40-5820 C 2 c (2) (a) through use of a boiler or process heater of any size: a description of the location at which the collected gas vent stream is introduced into the boiler or process heater over the same time period of the compliance testing.

4. Where an owner subject to the provisions of this article seeks to demonstrate compliance with 9VAC5-40-5820 C 2 c (1) through use of an open flare, the flare type (i.e., steam-assisted, air-assisted, or nonassisted), all visible emission readings, heat content determination, flow rate or bypass flow rate measurements, and exit velocity determinations made during the compliance test as specified in 40 CFR 60.18; continuous records of the flare pilot flame or flare flame monitoring and records of all periods of operations during which the pilot flame of the flare flame is absent.

E. Each owner of a controlled landfill subject to the provisions of this article shall keep for five years up-to-date, readily accessible continuous records of the equipment operating parameters specified to be monitored in 9VAC5-40-5870 as well as up-to-date, readily accessible records for periods of operation during which the parameter boundaries established during the most recent compliance test are exceeded.

1. The following constitute exceedances that shall be recorded and reported under 9VAC5-40-5880 H:

a. For enclosed combustors except for boilers and process heaters with design heat input capacity of 44 megawatts (150 million British thermal units per hour) or greater, all three-hour periods of operation during which the average combustion temperature was more than 28 degrees Celsius below the average combustion temperature during the most recent compliance test at which compliance with 9VAC5-40-5820 C 2 c was determined.

b. For boilers or process heaters, whenever there is a change in the location at which the vent stream is introduced into the flame zone as required under subdivision D 3 of this section.

2. Each owner subject to the provisions of this article shall keep up-to-date, readily accessible continuous records of the indication of flow to the control device or the indication of bypass flow or records of monthly inspections of car-seals or lock-and-key configurations used to seal bypass lines, specified under 9VAC5-40-5870.

3. Each owner subject to the provisions of this article who uses a boiler or process heater with a design heat input capacity of 44 megawatts or greater to comply with 9VAC5-40-5820 C 2 c shall keep an up-to-date, readily accessible record of all periods of operation of the boiler or process heater. (Examples of such records could include records of steam use, fuel use, or monitoring data collected pursuant to other state or federal regulatory requirements.)

4. Each owner seeking to comply with the provisions of this article by use of an open flare shall keep up-to-date, readily accessible continuous records of the flame or flare pilot flame monitoring specified under 9VAC5-40-5870 E, and up-to-date, readily accessible records of all periods of operation in which the flame or flare pilot flame is absent.

F. Each owner subject to the provisions of this article shall keep for the life of the collection system an up-to-date, readily accessible plot map showing each existing and planned collector in the system and providing a unique identification location label for each collector.

1. Each owner subject to the provisions of this article shall keep up-to-date, readily accessible records of the installation date and location of all newly installed collectors as specified under 9VAC5-40-5850 D.

2. Each owner subject to the provisions of this article shall keep readily accessible documentation of the nature, date of deposition, amount, and location of asbestos-containing or nondegradable waste excluded from collection as provided in 9VAC5-40-5824 A 3 a as well as any nonproductive areas excluded from collection as provided in 9VAC5-40-5824 A 3 b.

G. Each owner subject to the provisions of this article shall keep for at least five years up-to-date, readily accessible records of all collection and control system exceedances of the operational standards in 9VAC5-40-5822, the reading in the subsequent month whether or not the second reading is an exceedance, and the location of each exceedance.

H. Landfill owners who convert design capacity from volume to mass or from mass to volume to demonstrate that the landfill design capacity is less than (i) 1.0 million megagrams or 1.0 million cubic meters in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 2.5 million megagrams or 2.5 million cubic meters in the remaining areas of the Commonwealth, as provided in the definition of "design capacity," shall keep readily accessible, on-site records of the annual recalculation of site-specific density, design capacity, and the supporting documentation. Off-site records may be obtained if they are retrievable within four hours. Either paper copy or electronic formats are acceptable.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 12, Issue 11, eff. April 1, 1996; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999; Volume 20, Issue 8, eff. January 29, 2004.

9VAC5-40-5900. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 11, eff. April 1, 1996.

9VAC5-40-5910. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and control equipment maintenance or malfunction) apply except that the provisions of 9VAC5-20-180 E, F, and G shall apply only to the emission standards set forth in 9VAC5-40-5830 and 9VAC5-40-5840.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 12, Issue 11, eff. April 1, 1996; amended, Virginia Register Volume 20, Issue 8, eff. January 29, 2004.

9VAC5-40-5920. Permits.

A. A permit may be required prior to beginning any of the activities specified below if the provisions of 9VAC5 Chapter 50 (9VAC5-50) and 9VAC5 Chapter 60 (9VAC5-60) apply. Owners contemplating such action should review those provisions and contact the appropriate regional office for guidance on whether those provisions apply.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

6. Operation of a facility.

B. MSW landfills required to install a collection and control system according to the provisions of 9VAC5-40-5820 shall apply for a permit amendment in accordance with Part V (9VAC20-81-400 et seq.) of 9VAC20 Chapter 81 (Solid Waste Management Regulations).

C. Physical or operational changes made to an MSW landfill solely to comply with this article are not considered construction, reconstruction, or modification for the purposes of 40 CFR 60 Subpart WWW.

D. The owner of an MSW landfill subject to this article with a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters is subject to Article 1 (9VAC5-80-50 et seq.) of Part II of 9VAC5 Chapter 80. When a landfill is closed, and either never needed control or meets the conditions for control system removal specified in 9VAC5-40-5820 C 2 e, an operating permit under Article 1 (9VAC5-80-50 et seq.) of Part II of 9VAC5 Chapter 80 is no longer required.

E. A landfill with a design capacity less than 2.5 million megagrams or 2.5 million cubic meters does not require an operating permit under Article 1 (9VAC5-80-50 et seq.) of Part II of 9VAC5 Chapter 80.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 12, Issue 11, eff. April 1, 1996; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999; Volume 20, Issue 8, eff. January 29, 2004; Volume 27, Issue 23, eff. August 17, 2011.

Article 43.1
Emission Standards for Municipal Solid Waste Landfills for which Construction, Reconstruction, or Modification was Commenced on or before July 17, 2014 (Rule 4-43.1)

9VAC5-40-5925. Applicability and designation of affected facility.

A. The affected facility to which the provisions of this article apply is each existing municipal solid waste (MSW) landfill for which construction, reconstruction, or modification was commenced on or before July 17, 2014, and as further defined in Subpart Cf (40 CFR 60.30f et seq.) of 40 CFR Part 60.

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

C. The owner of an MSW landfill shall obtain a federal operating permit as required by 40 CFR 60.31f(c). When an MSW landfill is closed, the owner is no longer subject to the requirement to maintain a federal operating permit if the conditions of 40 CFR 60.31f(d) are met.

D. For each MSW landfill in the closed landfill subcategory, the reporting provisions of 9VAC5-40-5975 may be met as provided in 40 CFR 60.31f(e).

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the federal Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 33, Issue 10, eff. February 22, 2017.

9VAC5-40-5930. Definitions.

A. For the purpose of applying this article in the context of the Regulations for the Control and Abatement of Air Pollution and related uses, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined herein shall have the meanings given them in 9VAC5-10 (General Definitions), unless otherwise required by context.

C. Terms shall have the meanings given them in 40 CFR 60.41f, except for the following:

"Administrator" means the board.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the federal Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 33, Issue 10, eff. February 22, 2017.

9VAC5-40-5935. Emission limits and emission standards.

A. The owner of each MSW landfill having a design capacity greater than or equal to 2.5 million megagrams by mass and 2.5 million cubic meters by volume that meets the conditions of 40 CFR 60.33f(a)(1) through (4) shall collect and control MSW landfill emissions in accordance with the provisions of 40 CFR 60.33f(b)(1) through (3), and 40 CFR 60.33f(c)(1) through (4) except as provided in 40 CFR 60.24.

B. The owner of each MSW landfill with a design capacity less than 2.5 million megagrams and 2.5 million cubic meters shall submit an initial design capacity report to the administrator as provided in 40 CFR 60.38f(a).The landfill may calculate design capacity in either megagrams or cubic meters for comparison with the exemption values. Any density conversions shall be documented and submitted with the report. Submittal of the initial design capacity report fulfills the requirements of this article except as provided in 40 CFR 60.33f(d)(1) and (2).

C. The owner of each MSW landfill with a design capacity greater than 2.5 million megagrams and 2.5 million cubic meters shall either install a collection and control system as provided in subsection A of this section or calculate an initial NMOC emission rate for the landfill using the procedures specified in 40 CFR 60.35f(a). The NMOC emission rate shall be recalculated annually, except as provided in 40 CFR 60.38f(c)(3). The owner shall follow the procedures specified in 40 CFR 60.33f(e)(1) through (3).

D. The owner of each MSW landfill may cap, remove, or decommission the collection and control system used to comply with subsection A of this section if the criteria of 40 CFR 60.33f(f)(1) through (4) are met.

E. An active collection system used to comply with subsection A of this section shall meet the specifications for active collection system of 40 CFR 60.40f(a) through (c).

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the federal Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 33, Issue 10, eff. February 22, 2017.

9VAC5-40-5940. Standard for visible emissions and fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of 9VAC5-40 (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply, with the exception of 9VAC5-40-80 (Standard for visible emissions), 9VAC5-40-100 (Monitoring), 9VAC5-40-110 (Test methods and procedures), and 9VAC5-40-120 (Waivers).

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the federal Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 33, Issue 10, eff. February 22, 2017.

9VAC5-40-5945. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of 9VAC5-40 (Emission Standards for Odor, Rule 4‑2) apply.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the federal Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 33, Issue 10, eff. February 22, 2017.

9VAC5-40-5950. Compliance schedule.

The provisions of 40 CFR 60.32f apply.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the federal Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 33, Issue 10, eff. February 22, 2017.

9VAC5-40-5955. Operating requirements.

The owner of an MSW landfill with a gas collection and control system used to comply with the provisions of 40 CFR 60.33f(b) and (c) shall meet the requirements of 40 CFR 60.34f(a) through (g).

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the federal Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 33, Issue 10, eff. February 22, 2017.

9VAC5-40-5960. Compliance.

A. With regard to the emissions limits in 9VAC5-40-5940 and 9VAC5-40-5945, the provisions of 9VAC5-40-20 (Compliance) apply.

B. With regard to the emission limits in 9VAC5-40-5935 and 9VAC5-40-5955, the following provisions apply:

1. 9VAC5-40-20 B, C, D, and E;

2. To the extent specified in the federal regulations cited in subdivision 3 of this subsection, 40 CFR 60.7, 40 CFR 60.8, 40 CFR 60.11, and 40 CFR 60.13; and

3. 40 CFR 60.32f and 40 CFR 60.36f(a) through (e).

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the federal Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 33, Issue 10, eff. February 22, 2017.

9VAC5-40-5965. Test methods and procedures, monitoring of operations.

A. With regard to the emissions standards in 9VAC5-40-5940 and 9VAC5-40-5945, the provisions of 9VAC5-40-30 (Emission testing) and 9VAC5-40-40 (Monitoring) apply.

B. With regard to the emission limits in 9VAC5-40-5935 and 9VAC5-40-5955, the following provisions apply:

1. 9VAC5-40-30 D and G;

2. 9VAC5-40-40 A and F;

3. 40 CFR 60.8(b) through (f), with the exception of paragraph (a);

4. 40 CFR 60.13; and

5. 40 CFR 60.35f(a) through (e), and 40 CFR 60.37f(a) through (h), except as provided in 40 CFR 60.38f(d)(2).

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the federal Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 33, Issue 10, eff. February 22, 2017.

9VAC5-40-5970. Reporting and recordkeeping.

A. With regard to the emissions standards in 9VAC5-40-5940 and 9VAC5-40-5945, the provisions of 9VAC5-40-50 (Notification, records and reporting) apply.

B. With regard to the emission limits in 9VAC5-40-5935 and 9VAC5-40-5955, the following provisions apply:

1. 9VAC5-40-50 F and H;

2. 40 CFR 60.7; and

3. 40 CFR 60.38f(a) through (m) except as provided in 40 CFR 60.24 and 40 CFR 60.38f(d)(2), and 40 CFR 60.39f(a) through (j).

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the federal Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 33, Issue 10, eff. February 22, 2017.

9VAC5-40-5975. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the federal Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 33, Issue 10, eff. February 22, 2017.

9VAC5-40-5980. Facility and control equipment maintenance or malfunction.

A. With regard to the emissions standards in 9VAC5-40-5940 and 9VAC5-40-5945, the provisions of 9VAC5-20-180 (Facility and control equipment maintenance or malfunction) apply.

B. With regard to the emission limits in 9VAC5-40-5935 and 9VAC5-40-5955, the following provisions apply:

1. 9VAC5-20-180 with the exception of subsections E, F, and G; and

2. 40 CFR 60.36f(e) and 40 CFR 60.37f(h).

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the federal Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 33, Issue 10, eff. February 22, 2017.

9VAC5-40-5985. Other permits.

A permit may be required prior to beginning any of the activities specified below if the provisions of 9VAC5-50 (New and Modified Stationary Sources) and 9VAC5-80 (Permits for Stationary Sources) apply. Owners contemplating such action should review those provisions and contact the appropriate regional office for guidance on whether those provisions apply.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (re-startup) of a facility.

6. Operation of a facility.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the federal Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 33, Issue 10, eff. February 22, 2017.

9VAC5-40-5990. Documents incorporated by reference.

The U.S. Environmental Protection Agency regulations promulgated at Subpart Cf (40 CFR 60.30f et seq., Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills) of 40 CFR Part 60 are incorporated by reference into this article. The specific version of the provisions incorporated by reference shall be that contained in the CFR in effect as specified in 9VAC5-20-21.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the federal Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 33, Issue 10, eff. February 22, 2017.

9VAC5-40-6000. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-6010. (Repealed.)

Statutory Authority

§ 10.1-1308 of the Code of Virginia and 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-6020. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-6030. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-6040. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-6050. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-6060. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-6070. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-6080. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-6090. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-6100. (Repealed.)

Statutory Authority

§ 10.1-1308 of the Code of Virginia and 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-6110. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-6120. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-6130. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-6140. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-6150. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-6160. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-6170. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-6180. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; Errata, 16:19 VA.R. 2399 June 5, 2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-6190. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-6200. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-6210. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-6220. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-40-6230. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

Article 45
Emission Standards for Commercial/Industrial Solid Waste Incinerators (Rule 4-45)

9VAC5-40-6250. Applicability and designation of affected facility.

A. The affected facilities to which the provisions of this article apply are (i) commercial/industrial solid waste incinerator (CISWI) units and air curtain incinerators that commenced construction on or before November 30, 1999; (ii) CISWI units and air curtain incinerators that commenced construction after November 30, 1999, but on or before June 4, 2010, or that commenced reconstruction or modification on or after June 1, 2001, but no later than August 7, 2013; or (iii) CISWI units other than incinerator units that commenced construction before June 4, 2010.

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

C. Exempted from the provisions of this article are those units that meet the criteria listed in 40 CFR 60.2555.

D. The provisions of this article do not apply to a CISWI unit if the owner makes changes that meet the definition of modification or reconstruction after August 7, 2013, at which point the CISWI unit becomes subject to subpart CCCC of 40 CFR Part 60.

E. If the owner makes physical or operational changes to an existing CISWI unit primarily to comply with this article, subpart CCCC of 40 CFR Part 60 does not apply to that unit. Such changes do not qualify as modifications or reconstructions under subpart CCCC of 40 CFR Part 60.

F. Each owner shall submit an application for a federal operating permit in accordance with the provisions of 40 CFR 60.2805. Owners to whom this section applies should contact the appropriate regional office for guidance on applying for a federal (Title V) operating permit.

G. The requirement under 40 CFR 60.2555(g)(1) 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 9VAC5-60 (Hazardous Air Pollutant Sources).

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003; amended, Virginia Register Volume 29, Issue 24, eff. August 28, 2013; Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-40-6260. Definitions.

A. For the purpose of applying this article in the context of the Regulations for the Control and Abatement of Air Pollution and related uses, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined herein shall have the meanings given them in 9VAC5-10 (General Definitions), unless otherwise required by context.

C. Terms shall have the meaning given them in 40 CFR 60.2875, except for the following:

"Administrator" means the board.

"Table 1" means 9VAC5-40-6420.

"You" means the owner of an affected CISWI unit.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and 182); 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003; amended, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.

9VAC5-40-6270. Emission limits and emission standards.

No owner or other person shall cause or permit to be discharged into the atmosphere from any CISWI any emissions in excess of that allowed under 40 CFR 60.2670.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and 182); 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003; amended, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.

9VAC5-40-6280. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003; repealed, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.

9VAC5-40-6290. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003; repealed, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.

9VAC5-40-6300. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003; repealed, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.

9VAC5-40-6310. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003; repealed, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.

9VAC5-40-6320. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003; repealed, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.

9VAC5-40-6330. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003; repealed, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.

9VAC5-40-6340. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003; repealed, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.

9VAC5-40-6350. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003; repealed, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.

9VAC5-40-6360. Standard for visible emissions.

A. The provisions of Article 1 (9VAC5-40-60 et seq.) of 9VAC5 Chapter 40 (Emission Standards for Visible Emissions) apply except that the provisions in subsection B of this section apply instead of 9VAC5-40-80.

B. No owner or other person shall cause or permit to be discharged into the atmosphere from any CISWI any visible emissions that exhibit greater than 10% opacity.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

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

9VAC5-40-6370. Standard for fugitive dust/emissions.

A. The provisions of Article 1 (9VAC5-40-60 et seq.) of 9VAC5-40 (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply, with the exception of 9VAC5-40-80 (Standard for visible emissions), 9VAC5-40-100 (Monitoring), 9VAC5-40-110 (Test methods and procedures), and 9VAC5-40-120 (Waivers).

B. No owner or other person shall cause or permit to be discharged into the atmosphere from any ash conveying system (including conveyor transfer points) any visible emissions for more than 5.0% of hourly observation period, measured at three, 1-hour observation periods.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and 182); 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003; amended, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.

9VAC5-40-6380. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of 9VAC5-40 (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and 182); 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003; amended, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.

9VAC5-40-6390. Standard for toxic pollutants.

The provisions of Article 4 (9VAC5-60-200 et seq.) of 9VAC5-60 (Emission Standards for Toxic Pollutants, Rule 6-4) apply.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and 182); 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003; amended, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.

9VAC5-40-6400. Operator training and qualification.

The provisions of 40 CFR 60.2635 through 40 CFR 60.2665 apply.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and 182); 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003; amended, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.

9VAC5-40-6410. Waste management plan.

The owner of an affected facility shall prepare a written waste management plan in accordance with the provisions of 40 CFR 60.2620 through 40 CFR 60.2630.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and 182); 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003; amended, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.

9VAC5-40-6420. Compliance schedule.

A. All CISWI units regardless of category shall achieve final compliance as expeditiously as practicable but not later than February 7, 2018.

B. The owner shall submit a final control plan no later than February 7, 2015.

C. The provisions of 40 CFR 60.2575 through 40 CFR 60.2615 apply.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and 182); 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003; Errata, 19:25 VA.R. 3844 August 25, 2003; amended, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.

9VAC5-40-6421. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003; repealed, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.

9VAC5-40-6422. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003; repealed, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.

9VAC5-40-6430. Operating limits.

No owner or other person shall operate any CISWI unit in a manner that does not comply with the provisions of 40 CFR 60.2675 through 40 CFR 60.2680.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and 182); 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003; amended, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.

9VAC5-40-6440. Facility and control equipment maintenance or malfunction.

A. With regard to the emission standards set forth in 9VAC5-40-6360 A, 9VAC5-40-6370 A, 9VAC5-40-6380, and 9VAC5-40-6390, the provisions of 9VAC5-20-180 (Facility and control equipment maintenance or malfunction) apply.

B. With regard to the emission limits in 9VAC5-40-6270, 9VAC5-40-6360 B, and 9VAC5-40-6370 B, the provisions of 9VAC5-20-180 apply, with the exception of subsections E, F, and G.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003; amended, Virginia Register Volume 29, Issue 24, eff. August 28, 2013; Volume 33, Issue 4, eff. November 16, 2016.

9VAC5-40-6450. Performance testing.

A. With regard to the emissions standards in 9VAC5-40-6360 A, 9VAC5-40-6370 A, 9VAC5-40-6380, and 9VAC5-40-6390, the provisions of 9VAC5-40-30 (Emission testing) apply.

B. With regard to the emission limits in 9VAC5-40-6270, 9VAC5-40-6360 B, and 9VAC5-40-6370 B, the following provisions apply:

1. 9VAC5-40-30 D and G;

2. 40 CFR 60.8, with the exception of paragraph (a); and

3. 40 CFR 60.2690 through 40 CFR 60.2695.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and 182); 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003; amended, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.

9VAC5-40-6460. Compliance

A. With regard to the emissions standards in 9VAC5-40-6360 A, 9VAC5-40-6370 A, 9VAC5-40-6380, and 9VAC5-40-6390, the provisions of 9VAC5-40-20 (Compliance) apply.

B. With regard to the emission limits in 9VAC5-40-6270, 9VAC5-40-6360 B, and 9VAC5-40-6370 B, the following provisions apply:

1. 9VAC5-40-20 B, C, D, and E;

2. 40 CFR 60.11; and

3. 40 CFR 60.2700 through 40 CFR 60.2725.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and 182); 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003; amended, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.

9VAC5-40-6470. Monitoring.

A. With regard to the emissions standards in 9VAC5-40-6360 A, 9VAC5-40-6370 A, 9VAC5-40-6380, and 9VAC5-40-6390, the provisions of 9VAC5-40-40 (Monitoring) apply.

B. With regard to the emission limits in 9VAC5-40-6270, 9VAC5-40-6360 B, and 9VAC5-40-6370 B, the following provisions apply:

1. 9VAC5-40-40 A and F;

2. 40 CFR 60.13; and

3. 40 CFR 60.2730 through 40 CFR 60.2735.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and 182); 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003; amended, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.

9VAC5-40-6480. Recordkeeping and reporting.

A. With regard to the emissions standards in 9VAC5-40-6360 A, 9VAC5-40-6370 A, 9VAC5-40-6380, and 9VAC5-40-6390, the provisions of 9VAC5-40-50 (Notification, records and reporting) apply.

B. With regard to the emission limits in 9VAC5-40-6270, 9VAC5-40-6260 B, and 9VAC5-40-6370 B, the following provisions apply:

1. 9VAC5-40-50 F and H;

2. 40 CFR 60.7; and

3. 40 CFR 60.2740 through 40 CFR 60.2800.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and 182); 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003; amended, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.

9VAC5-40-6490. Air curtain incinerators.

The provisions of 40 CFR 60.2810 through 40 CFR 60.2870 apply.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and 182); 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003; amended, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.

9VAC5-40-6500. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

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

9VAC5-40-6510. Permits.

A permit may be required prior to beginning any of the activities specified below if the provisions of 9VAC5-50 (New and Modified Stationary Sources) and 9VAC5-80 (Permits for Stationary Sources) apply. Owners contemplating such action should review those provisions and contact the appropriate regional office for guidance on whether those provisions apply.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (re-startup) of a facility.

6. Operation of a facility.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and 182); 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003; amended, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.

9VAC5-40-6520. Documents incorporated by reference.

A. The U.S. Environmental Protection Agency (EPA) regulations promulgated at Subpart DDDD (Emissions Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration Units) of 40 CFR Part 60 and designated in subsection B of this section are incorporated by reference into this article. The 40 CFR section numbers appearing in subsection B of this section identify the specific provisions incorporated by reference. The specific version of the provisions incorporated by reference shall be that contained in the CFR in effect as specified in 9VAC5-20-21 B.

B. The following documents from the U.S. Environmental Protection Agency are incorporated herein by reference:

Model Rule, Increments of Progress

§ 60.2575, What are my requirements for meeting increments of progress and achieving final compliance?

§ 60.2580, When must I complete each increment of progress?

§ 60.2585, What must I include in the notifications of achievement of increments of progress?

§ 60.2590, When must I submit the notifications of achievement of increments of progress?

§ 60.2595, What if I do not meet an increment of progress?

§ 60.2600, How do I comply with the increment of progress for submittal of a control plan?

§ 60.2605, How do I comply with the increment of progress for achieving final compliance?

§ 60.2610, What must I do if I close my CISWI unit and then restart it?

§ 60.2615, What must I do if I plan to permanently close my CISWI unit and not restart it?

Model Rule, Waste Management Plan

§ 60.2620, What is a waste management plan?

§ 60.2625, When must I submit my waste management plan?

§ 60.2630, What should I include in my waste management plan?

Model Rule, Operator Training and Qualification

§ 60.2635, What are the operator training and qualification requirements?

§ 60.2640, When must the operator training course be completed?

§ 60.2645, How do I obtain my operator qualification?

§ 60.2650, How do I maintain my operator qualification?

§ 60.2655, How do I renew my lapsed operator qualification?

§ 60.2660, What site-specific documentation is required?

§ 60.2665, What if all the qualified operators are temporarily not accessible?

Model Rule, Emission Limitations and Operating Limits

§ 60.2670, What emission limitations must I meet and by when?

§ 60.2675, What operating limits must I meet and by when?

§ 60.2680, What if I do not use a wet scrubber, fabric filter, activated carbon injection, selective noncatalytic reduction, an electrostatic precipitator, or a dry scrubber to comply with the emission limitations?

Model Rule, Performance Testing

§ 60.2690, How do I conduct the initial and annual performance test?

§ 60.2695, How are the performance test data used?

Model Rule, Initial Compliance Requirements

§ 60.2700, How do I demonstrate initial compliance with the amended emission limitations and establish the operating limits?

§ 60.2705, By what date must I conduct the initial performance test?

§ 60.2706, By what date must I conduct the initial air pollution control device inspection?

Model Rule, Continuous Compliance Requirements

§ 60.2710, How do I demonstrate continuous compliance with the amended emission limitations and the operating limits?

§ 60.2715, By what date must I conduct the annual performance test?

§ 60.2716, By what date must I conduct the annual air pollution control device inspection?

§ 60.2720, May I conduct performance testing less often?

§ 60.2725, May I conduct a repeat performance test to establish new operating limits?

Model Rule, Monitoring

§ 60.2730, What monitoring equipment must I install and what parameters must I monitor?

§ 60.2735, Is there a minimum amount of monitoring data I must obtain?

Model Rule, Recordkeeping and Reporting

§ 60.2740, What records must I keep?

§ 60.2745, Where and in what format must I keep my records?

§ 60.2750, What reports must I submit?

§ 60.2755, When must I submit my waste management plan?

§ 60.2760, What information must I submit following my initial performance test?

§ 60.2765, When must I submit my annual report?

§ 60.2770, What information must I include in my annual report?

§ 60.2775, What else must I report if I have a deviation from the operating limits or the emission limitations?

§ 60.2780, What must I include in the deviation report?

§ 60.2785, What else must I report if I have a deviation from the requirement to have a qualified operator accessible?

§ 60.2790, Are there any other notifications or reports that I must submit?

§ 60.2795, In what form can I submit my reports?

§ 60.2800, Can reporting dates be changed?

Model Rule, Title V Operating Permits

§ 60.2805, Am I required to apply for and obtain a Title V operating permit for my unit?

Model Rule, Air Curtain Incinerators

§ 60.2810, What is an air curtain incinerator?

§ 60.2815, What are my requirements for meeting increments of progress and achieving final compliance?

§ 60.2820, When must I complete each increment of progress?

§ 60.2825, What must I include in the notifications of achievement of increments of progress?

§ 60.2830, When must I submit the notifications of achievement of increments of progress?

§ 60.2835, What if I do not meet an increment of progress?

§ 60.2840, How do I comply with the increment of progress for submittal of a control plan?

§ 60.2845, How do I comply with the increment of progress for achieving final compliance?

§ 60.2850, What must I do if I close my air curtain incinerator and then restart it?

§ 60.2855, What must I do if I plan to permanently close my air curtain incinerator and not restart it?

§ 60.2860, What are the emission limitations for air curtain incinerators?

§ 60.2865, How must I monitor opacity for air curtain incinerators?

§ 60.2870, What are the recordkeeping and reporting requirements for air curtain incinerators?

Model Rule, Definitions

§ 60.2875, What definitions must I know?

TABLES

Table 2 to Subpart DDDD of Part 60, Model Rule, Emission Limitations that Apply to Incinerators Before February 7, 2018.

Table 3 to Subpart DDDD of Part 60, Model Rule, Operating Limits for Wet Scrubbers.

Table 4 to Subpart DDDD of Part 60, Model Rule, Toxic Equivalency Factors.

Table 5 to Subpart DDDD of Part 60, Model Rule, Summary of Reporting Requirements.

Table 6 to Subpart DDDD of Part 60, Emission Limitations that Apply to Incinerators on and after February 7, 2018.

Table 7 to Subpart DDDD of Part 60, Emission Limitations that Apply to Energy Recovery Units After May 20, 2011, on or after February 7, 2018.

Table 8 to Subpart DDDD of Part 60, Emission Limitations that Apply to Waste-Burning Kilns after February 7, 2018.

Table 9 to Subpart DDDD of Part 60, Emission Limitations that Apply to Small, Remote Incinerators after February 7, 2018.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 29, Issue 24, eff. August 28, 2013; amended, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

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

9VAC5-40-6550. Applicability and designation of affected facility.

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

9VAC5-40-6560. Definitions.

A. For the purpose of applying this article in the context of the Regulations for the Control and Abatement of Air Pollution related uses, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined herein shall have the meanings given them in 9VAC5 Chapter 10, unless otherwise required by context.

C. Terms defined.

"Air curtain incinerator" means an incinerator that operates by forcefully projecting a curtain of air across an open chamber or pit in which combustion occurs. Incinerators of that type can be constructed above or below ground and with or without refractory walls and floor.

"Batch municipal waste combustion unit" means a municipal waste combustion unit designed so it cannot combust municipal solid waste continuously 24 hours per day because the design does not allow waste to be fed to the unit or ash to be removed during combustion.

"Calendar quarter" means three consecutive months (nonoverlapping) beginning on January 1, April 1, July 1, or October 1.

"Calendar year" means 365 (or 366 consecutive days in leap years) consecutive days starting on January 1 and ending on December 31.

"Chief facility operator" means the person in direct charge and control of the operation of a municipal waste combustion unit. That person is responsible for daily onsite supervision, technical direction, management, and overall performance of the municipal waste combustion unit.

"Class I units" mean small municipal waste combustion units subject to this article that are located at municipal waste combustion plants with an aggregate plant combustion capacity greater than 250 tons per day of municipal solid waste. See the definition in this section of "municipal waste combustion plant capacity" for specification of which units at a plant site are included in the aggregate capacity calculation.

"Class II units" mean small municipal combustion units subject to this article that are located at municipal waste combustion plants with aggregate plant combustion capacity less than or equal to 250 tons per day of municipal solid waste. See the definition in this section of "municipal waste combustion plant capacity" for specification of which units at a plant site are included in the aggregate capacity calculation.

"Clean wood" means untreated wood or untreated wood products including clean untreated lumber, tree stumps (whole or chipped), and tree limbs (whole or chipped). Clean wood does not include: (i) yard waste, or (ii) construction, renovation, or demolition wastes (for example, railroad ties and telephone poles) that are exempt from the definition of "municipal solid waste" in this section.

"Co-fired combustion unit" means a unit that combusts municipal solid waste with nonmunicipal solid waste fuel (for example, coal, industrial process waste). To be considered a co-fired combustion unit, the unit shall be subject to a federally enforceable permit that limits it to combusting a fuel feed stream that is 30% or less (by weight) municipal solid waste as measured each calendar quarter.

"Continuous burning" means the continuous, semicontinuous, or batch feeding of municipal solid waste to dispose of the waste, produce energy, or provide heat to the combustion system in preparation for waste disposal or energy production. Continuous burning does not mean the use of municipal solid waste solely to thermally protect the grate or hearth during the startup period when municipal solid waste is not fed to the grate or hearth.

"Continuous emission monitoring system" means a monitoring system that continuously measures the emissions of a pollutant from a municipal waste combustion unit.

"Dioxins/furans" mean tetra-through octachlorinated dibenzo-p-dioxins and dibenzofurans.

"Eight-hour block average" means the average of all hourly emission concentrations or parameter levels when the municipal waste combustion unit operates and combusts municipal solid waste measured over any of three eight-hour periods of time: (i) midnight to 8 a.m., (ii) 8 a.m. to 4 p.m., and (iii) 4 p.m. to midnight.

"Federal operating permit" means a permit issued under Article 1 (9VAC5-80-50 et seq.) of Part II of 9VAC5-80.

"First calendar half" means the period that starts on January 1 and ends on June 30 in any year.

"Fluidized bed combustion unit" means a unit where municipal waste is combusted in a fluidized bed of material. The fluidized bed material may remain in the primary combustion zone or may be carried out of the primary combustion zone and returned through a recirculation loop.

"Four-hour block average" means the average of all hourly emission concentrations or parameter levels when the municipal waste combustion unit operates and combusts municipal solid waste measured over any of six four-hour periods: (i) midnight to 4 a.m., (ii) 4 a.m. to 8 a.m., (iii) 8 a.m. to noon, (iv) noon to 4 p.m., (v) 4 p.m. to 8 p.m., and (vi) 8 p.m. to midnight.

"Mass burn refractory municipal waste combustion unit" means a field-erected municipal waste combustion unit that combusts municipal solid waste in a refractory wall furnace. Unless otherwise specified, that includes municipal waste combustion units with a cylindrical rotary refractory wall furnace.

"Mass burn rotary waterwall municipal waste combustion unit" means a field-erected municipal waste combustion unit that combusts municipal solid waste in a cylindrical rotary waterwall furnace.

"Mass burn waterwall municipal waste combustion unit" means a field-erected municipal waste combustion unit that combusts municipal solid waste in a waterwall furnace.

"Maximum demonstrated load of a municipal waste combustion unit" means the highest four-hour block arithmetic average municipal waste combustion unit load achieved during four consecutive hours in the course of the most recent dioxins/furans emission test that demonstrates compliance with the applicable emission limit for dioxins/furans specified in this article.

"Maximum demonstrated temperature of the particulate matter control device" means the highest four-hour block arithmetic average flue gas temperature measured at the inlet of the particulate matter control device during four consecutive hours in the course of the most recent emission test for dioxins/furans emissions that demonstrates compliance with the limits specified in this article.

"Medical/infectious waste" means any waste generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals that is listed in subdivisions 1 through 9 of this definition. The definition of medical/infectious waste does not include hazardous waste identified or listed under the regulations in 40 CFR Part 261; household waste, as defined in 40 CFR 261.4(b)(1); ash from incineration of medical/infectious waste, once the incineration process has been completed; human corpses, remains, and anatomical parts that are intended for interment or cremation; and domestic sewage materials identified in 40 CFR 261.4(a)(1).

1. Cultures and stocks of infectious agents and associated biologicals, including: cultures from medical and pathological laboratories; cultures and stocks of infectious agents from research and industrial laboratories; wastes from the production of biologicals; discarded live and attenuated vaccines; and culture dishes and devices used to transfer, inoculate, and mix cultures.

2. Human pathological waste, including tissues, organs, and body parts and body fluids that are removed during surgery or autopsy, or other medical procedures, and specimens of body fluids and their containers.

3. Human blood and blood products, regardless of whether containerized, including:

a. Liquid human blood;

b. Products of blood;

c. Items containing unabsorbed or free-flowing blood;

d. Items saturated or dripping or both with human blood; or

e. Items that were saturated and dripping or both with human blood that are now caked with dried human blood; including serum, plasma, and other blood components, and their containers, which were used or intended for use in either patient care, testing and laboratory analysis or the development of pharmaceuticals. Intravenous bags are also included in this category.

4. Regardless of the presence of infectious agents, sharps that have been used in animal or human patient care or treatment or in medical, research, or industrial laboratories, including hypodermic needles, syringes (with or without the attached needle), pasteur pipettes, scalpel blades, blood vials, needles with attached tubing, and culture dishes. Also included are other types of broken or unbroken glassware that may have been in contact with infectious agents, such as used slides and cover slips.

5. Animal waste including contaminated animal carcasses, body parts, and bedding of animals that were known to have been exposed to infectious agents during research (including research in veterinary hospitals), production of biologicals or testing of pharmaceuticals.

6. Isolation wastes including biological waste and discarded materials contaminated with blood, excretions, exudates, or secretions from humans who are isolated to protect others from certain highly communicable diseases, or isolated animals known to be infected with highly communicable diseases.

7. Unused sharps including the following unused, discarded sharps: hypodermic needles, suture needles, syringes, and scalpel blades.

8. Any waste that is contaminated or mixed with any waste listed in subdivisions 1 through 7 of this definition.

9. Any residue or contaminated soil, waste, or other debris resulting from the cleaning of a spill of any waste listed in subdivisions 1 through 8 of this definition.

"Mixed fuel-fired (pulverized coal/refuse-derived fuel) combustion unit" means a combustion unit that combusts coal and refuse-derived fuel simultaneously, in which pulverized coal is introduced into an air stream that carries the coal to the combustion chamber of the unit where it is combusted in suspension. That includes both conventional pulverized coal and micropulverized coal.

"Modification" or "modified municipal waste combustion unit" means a municipal waste combustion unit that has been modified after June 6, 2001, and that meets one of the following criteria: (i) the cumulative cost of the changes over the life of the unit exceeds 50% of the original cost of building and installing the unit (not including the cost of land) updated to current costs; or (ii) any physical change in the municipal waste combustion unit or change in the method of operating it that increases the emission level of any air pollutant for which new source performance standards have been established under § 129 or § 111 of the federal Clean Air Act. Increases in the emission level of any air pollutant are determined when the municipal waste combustion unit operates at 100% of its physical load capability and are measured downstream of all air pollution control devices. Load restrictions based on permits or other nonphysical operational restrictions cannot be considered in the determination.

"Modular excess-air municipal waste combustion unit" means a municipal waste combustion unit that combusts municipal solid waste, is not field-erected, and has multiple combustion chambers, all of which are designed to operate at conditions with combustion air amounts in excess of theoretical air requirements.

"Modular starved-air municipal waste combustion unit" means a municipal waste combustion unit that combusts municipal solid waste, is not field-erected, and has multiple combustion chambers in which the primary combustion chamber is designed to operate at substoichiometric conditions.

"Municipal solid waste or municipal-type solid waste" means household, commercial/retail, or institutional waste. Household waste includes material discarded by residential dwellings, hotels, motels, and other similar permanent or temporary housing. Commercial/retail waste includes material discarded by stores, offices, restaurants, warehouses, nonmanufacturing activities at industrial facilities, and other similar establishments or facilities. Institutional waste includes materials discarded by schools, by hospitals (nonmedical), by nonmanufacturing activities at prisons and government facilities, and other similar establishments or facilities. Household, commercial/retail, and institutional waste does include yard waste and refuse-derived fuel. Household, commercial/retail, and institutional waste does not include used oil; sewage sludge; wood pallets; construction, renovation, and demolition wastes (which include railroad ties and telephone poles); clean wood; industrial process or manufacturing wastes; medical waste; or motor vehicles (including motor vehicle parts or vehicle fluff).

"Municipal waste combustion plant" means one or more municipal waste combustion units at the same location.

"Municipal waste combustion plant capacity" means the aggregate municipal waste combustion capacity of all municipal waste combustion units at the plant that are not subject to subparts Ea, Eb, or AAAA of 40 CFR Part 60.

"Municipal waste combustion unit" means any setting or equipment that combusts solid, liquid, or gasified municipal solid waste including, but not limited to, field-erected combustion units (with or without heat recovery), modular combustion units (starved-air or excess-air), boilers (for example, steam generating units), furnaces (whether suspension-fired, grate-fired, mass-fired, air curtain incinerators, or fluidized bed-fired), and pyrolysis/combustion units. Municipal waste combustion units do not include pyrolysis or combustion units located at a plastics or rubber recycling unit. Municipal waste combustion units do not include cement kilns that combust municipal solid waste. Municipal waste combustion units do not include internal combustion engines, gas turbines, or other combustion devices that combust landfill gases collected by landfill gas collection systems. The municipal waste combustion unit includes, but is not limited to, the municipal solid waste fuel feed system, grate system, flue gas system, bottom ash system, and the combustion unit water system. The municipal waste combustion unit does not include air pollution control equipment, the stack, water treatment equipment, or the turbine-generator set. The municipal waste combustion unit boundary starts at the municipal solid waste pit or hopper and extends through: (i) the combustion unit flue gas system, which ends immediately after the heat recovery equipment or, if there is no heat recovery equipment, immediately after the combustion chamber; (ii) the combustion unit bottom ash system, which ends at the truck loading station or similar equipment that transfers the ash to final disposal. It includes all ash handling systems connected to the bottom ash handling system; and (iii) the combustion unit water system, which starts at the feed water pump and ends at the piping that exits the steam drum or superheater.

"Particulate matter" means total particulate matter emitted from municipal waste combustion units as measured using Reference Method 5 and the procedures specified in 9VAC5-40-6740 D.

"Plastics or rubber recycling unit" means an integrated processing unit for which plastics, rubber, or rubber tires are the only feed materials (incidental contaminants may be in the feed materials). The feed materials are processed and marketed to become input feed stock for chemical plants or petroleum refineries. Each calendar quarter, the combined weight of the feed stock that a plastics or rubber recycling unit produces shall be more than 70% of the combined weight of the plastics, rubber, and rubber tires that recycling unit processes. The plastics, rubber, or rubber tires fed to the recycling unit may originate from separating or diverting plastics, rubber, or rubber tires from municipal or industrial solid waste. The feed materials may include manufacturing scraps, trimmings, and off-specification plastics, rubber, and rubber tire discards. The plastics, rubber, and rubber tires fed to the recycling unit may contain incidental contaminants (for example, paper labels on plastic bottles or metal rings on plastic bottle caps).

"Potential hydrogen chloride emissions" means the level of emissions from a municipal waste combustion unit that would occur from combusting municipal solid waste without emission controls for acid gases.

"Potential mercury emissions" means the level of emissions from a municipal waste combustion unit that would occur from combusting municipal solid waste without controls for mercury emissions.

"Potential sulfur dioxide emissions" means the level of emissions from a municipal waste combustion unit that would occur from combusting municipal solid waste without emission controls for acid gases.

"Pyrolysis/combustion unit" means a unit that produces gases, liquids, or solids by heating municipal solid waste. The gases, liquids, or solids produced are combusted and the emissions vented to the atmosphere.

"Reconstruction" means rebuilding a municipal waste combustion unit and meeting two criteria: (i) the reconstruction begins after June 6, 2001; and (ii) the cumulative cost of the construction over the life of the unit exceeds 50% of the original cost of building and installing the municipal waste combustion unit (not including land) updated to current costs (current dollars). To determine what systems are within the boundary of the municipal waste combustion unit used to calculate the costs, see the definition in this section of "municipal waste combustion unit."

"Refractory unit" or "refractory wall furnace" means a municipal waste combustion unit that has no energy recovery (such as through a waterwall) in the furnace of the municipal waste combustion unit.

"Refuse-derived fuel" means a type of municipal solid waste produced by processing municipal solid waste through shredding and size classification. Refuse-derived fuel includes all classes of refuse-derived fuel, including low-density fluff refuse-derived fuel through densified refuse-derived fuel, and pelletized refuse-derived fuel.

"Same location" means the same or contiguous properties under common ownership or control, including those separated only by a street, road, highway, or other public right-of-way. Common ownership or control includes properties that are owned, leased, or operated by the same entity, parent entity, subsidiary, subdivision, or any combination thereof. Entities may include a municipality, other governmental unit, or any quasi-governmental authority (for example, a public utility district or regional authority for waste disposal).

"Second calendar half" means the period that starts on July 1 and ends on December 31 in any year.

"Shift supervisor" means the person who is in direct charge and control of operating a municipal waste combustion unit and who is responsible for onsite supervision, technical direction, management, and overall performance of the municipal waste combustion unit during an assigned shift.

"Spreader stoker, mixed fuel-fired (coal/refuse-derived fuel) combustion unit" means a municipal waste combustion unit that combusts coal and refuse-derived fuel simultaneously, in which coal is introduced to the combustion zone by a mechanism that throws the fuel onto a grate from above. Combustion takes place both in suspension and on the grate.

"Standard conditions," when referring to units of measure, means a temperature of 20°C and a pressure of 101.3 kilopascals.

"Startup period" means the period when a municipal waste combustion unit begins the continuous combustion of municipal solid waste. It does not include any warmup period during which the municipal waste combustion unit combusts fossil fuel or other solid waste fuel but receives no municipal solid waste.

"Stoker (refuse-derived fuel) combustion unit" means a steam generating unit that combusts refuse-derived fuel in a semisuspension combusting mode, using air-fed distributors.

"Total mass dioxins/furans or total mass" means the total mass of tetra-through octachlorinated dibenzo-p-dioxins and dibenzofurans as determined using Reference Method 23 and the procedures specified in 9VAC5-40-6740 D.

"Twenty-four hour daily average" or "24-hour daily average" means either the arithmetic mean or geometric mean (as specified) of all hourly emission concentrations when the municipal waste combustion unit operates and combusts municipal solid waste measured during the 24 hours between midnight and the following midnight.

"Untreated lumber" means wood or wood products that have been cut or shaped and include wet, air-dried, and kiln-dried wood products. Untreated lumber does not include wood products that have been painted, pigment-stained, or pressure-treated by compounds such as chromate copper arsenate, pentachlorophenol, and creosote.

"Waterwall furnace" means a municipal waste combustion unit that has energy (heat) recovery in the furnace (for example, radiant heat transfer section) of the combustion unit.

"Yard waste" means grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs that come from residential, commercial/retail, institutional, or industrial sources as part of maintaining yards or other private or public lands. Yard waste does not include: (i) construction, renovation, and demolition wastes that are exempt from the definition of "municipal solid waste" in this section; or (ii) clean wood that is exempt from the definition of "municipal solid waste" in this section.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

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

9VAC5-40-6570. Standard for particulate matter.

A. No owner or other person shall cause or permit to be discharged into the atmosphere from any Class I unit any particulate emissions in excess of 27 milligrams per dry standard cubic meter, measured at 7.0% oxygen, three-run average.

B. No owner or other person shall cause or permit to be discharged into the atmosphere from any Class II unit any particulate emissions in excess of 70 milligrams per dry standard cubic meter, measured at 7.0% oxygen, three-run average.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

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

9VAC5-40-6580. Standard for carbon monoxide.

No owner or other person shall cause or permit to be discharged into the atmosphere from any small municipal waste combustion unit any carbon monoxide emissions in excess of the following.

1. For fluidized bed units: 100 parts per million by dry volume, measured at 7.0% oxygen, four-hour block average, arithmetic mean.

2. For fluidized bed, mixed fuel (wood/refuse-derived fuel) units: 200 parts per million by dry volume measured at 7.0% oxygen, 24-hour block average, geometric mean.

3. For mass burn rotary refractory units: 100 parts per million by dry volume measured at 7.0% oxygen, four-hour block average, arithmetic mean.

4. For mass burn rotary waterwall units: 250 parts per million by dry volume measured at 7.0% oxygen, 24-hour block average, arithmetic mean.

5. For mass burn waterwall and refractory units: 100 parts per million by dry volume measured at 7.0% oxygen, four-hour block average, arithmetic mean.

6. For mixed fuel-fired (pulverized coal/refuse-derived fuel) units: 150 parts per million by dry volume measured at 7.0% oxygen, four-hour block average, arithmetic mean.

7. For modular starved-air and excess air units: 50 parts per million by dry volume measured at 7.0% oxygen, four-hour block average, arithmetic mean.

8. For spreader stoker, mixed fuel-fired (coal/refuse-derived fuel) units: 200 parts per million by dry volume measured at 7.0% oxygen, 24-hour daily block average, arithmetic mean.

9. For stoker, refuse-derived fuel units: 200 parts per million by dry volume measured at 7.0% oxygen, 24-hour daily block average, arithmetic mean.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

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

9VAC5-40-6590. Standard for dioxins/furans.

A. No owner or other person shall cause or permit to be discharged into the atmosphere from any Class I unit any dioxin/furan (total mass basis) emissions in excess of the following.

1. For units that do not use an electrostatic precipitator-based emission control system: 30 nanograms per dry standard cubic meter, measured at 7.0% oxygen, three-run average (minimum run duration of four hours).

2. For units that use electrostatic precipitator-based emission control system: 60 nanograms per dry standard cubic meter, measured at 7.0% oxygen, three-run average (minimum run duration of four hours).

B. No owner or other person shall cause or permit to be discharged into the atmosphere from any Class II unit any dioxin/furan emissions (total mass basis) in excess of 125 nanograms per dry standard cubic meter, measured at 7.0% oxygen, three-run average (minimum run duration of four hours).

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

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

9VAC5-40-6600. Standard for hydrogen chloride.

A. No owner or other person shall cause or permit to be discharged into the atmosphere from any Class I unit any hydrogen chloride emissions in excess of 31 parts per million by dry volume or 95% reduction of potential emissions, measured at 7.0% oxygen, three-run average (minimum run duration of one hour).

B. No owner or other person shall cause or permit to be discharged into the atmosphere from any Class II unit any hydrogen chloride emissions in excess of 250 parts per million by dry volume or 50% reduction of potential emissions, measured at 7.0% oxygen, three-run average (minimum run duration of one hour).

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

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

9VAC5-40-6610. Standard for sulfur dioxide.

A. No owner or other person shall cause or permit to be discharged into the atmosphere from any Class I unit any sulfur dioxide emissions in excess of 31 parts per million by dry volume or 75% reduction of potential emissions, measured at 7.0% oxygen, 24-hour daily block geometric average concentration or percent reduction.

B. No owner or other person shall cause or permit to be discharged into the atmosphere from any Class II unit any sulfur dioxide emissions in excess of 77 parts per million by dry volume or 50% reduction of potential emissions, measured at 7.0% oxygen, 24-hour daily block geometric average concentration or percent reduction.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

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

9VAC5-40-6620. Standard for nitrogen oxides.

No owner or other person shall cause or permit to be discharged into the atmosphere from any Class I unit any nitrogen oxide emissions in excess of the following:

1. For mass burn waterwall units: 200 parts per million by dry volume, measured at 7.0% oxygen, 24-hour daily block arithmetic average concentration.

2. For mass burn rotary waterwall units: 170 parts per million by dry volume measured at 7.0% oxygen, 24-hour daily block arithmetic average concentration.

3. For refuse-derived fuel units: 250 parts per million by dry volume, measured at 7.0% oxygen, 24-hour daily block arithmetic average concentration.

4. For fluidized bed units: 220 parts per million by dry volume, measured at 7.0% oxygen, 24-hour daily block arithmetic average concentration.

5. For mass burn refractory units: 350 parts per million by dry volume, measured at 7.0% oxygen, 24-hour daily block arithmetic average concentration.

6. For modular excess air units: 190 parts per million by dry volume, measured at 7.0% oxygen, 24-hour daily block arithmetic average concentration.

7. For modular starved air units: 380 parts per million by dry volume, measured at 7.0% oxygen, 24-hour daily block arithmetic average concentration.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003; amended, Virginia Register Volume 21, Issue 15, eff. May 4, 2005.

9VAC5-40-6630. Standard for lead.

A. No owner or other person shall cause or permit to be discharged into the atmosphere from any Class I unit any lead emissions in excess of 0.490 milligrams per dry standard cubic meter, measured at 7.0% oxygen, three-run average.

B. No owner or other person shall cause or permit to be discharged into the atmosphere from any Class II unit any lead emissions in excess of 1.6 milligrams per dry standard cubic meter, measured at 7.0% oxygen, three-run average.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

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

9VAC5-40-6640. Standard for cadmium.

A. No owner or other person shall cause or permit to be discharged into the atmosphere from any Class I unit any cadmium emissions in excess of 0.040 milligrams per dry standard cubic meter, measured at 7.0% oxygen, three-run average.

B. No owner or other person shall cause or permit to be discharged into the atmosphere from any Class II unit any cadmium emissions in excess of 0.10 milligrams per dry standard cubic meter, measured at 7.0% oxygen, three-run average.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

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

9VAC5-40-6650. Standard for mercury.

A. No owner or other person shall cause or permit to be discharged into the atmosphere from any Class I unit any mercury emissions in excess of 0.080 milligrams per dry standard cubic meter, measured at 7.0% oxygen, three-run average.

B. No owner or other person shall cause or permit to be discharged into the atmosphere from any Class II unit any mercury emissions in excess of 0.080 milligrams per dry standard cubic meter, measured at 7.0% oxygen, three-run average.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

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

9VAC5-40-6660. Standard for visible emissions.

A. The provisions of Article 1 (9VAC5-40-60 et seq.) of 9VAC5 Chapter 40 (Emission Standards for Visible Emissions) apply except that the provisions in subsection B of this section apply instead of 9VAC5-40-80.

B. No owner or other person shall cause or permit to be discharged into the atmosphere from any small municipal waste combustion unit any visible emissions that exhibit greater than 10% opacity, measured at 30 six-minute averages.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

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

9VAC5-40-6670. Standard for fugitive dust/emissions.

A. The provisions of Article 1 (9VAC5-40-60 et seq.) of 9VAC5 Chapter 40 (Emission Standards for Fugitive Dust/Emissions, Rule 4-1) apply.

B. No owner or other person shall cause or permit to be discharged into the atmosphere from any small municipal waste combustion unit any fugitive ash visible emissions for more than 5.0% of hourly observation period, measured at three one-hour observation periods.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

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

9VAC5-40-6680. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of 9VAC5 Chapter 40 (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

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

9VAC5-40-6690. Standard for toxic pollutants.

The provisions of Article 4 (9VAC5-60-200 et seq.) of 9VAC5 Chapter 60 (Emission Standards for Toxic Pollutants, Rule 6-4) apply.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

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

9VAC5-40-6700. Operator training and certification.

A. Each chief facility operator, shift supervisor, and control room operator shall complete a training course as follows.

1. The operator training course shall be completed by the later of (i) January 31, 2004, (ii) six months after the municipal waste combustion unit starts up, or (iii) the date before an employee assumes responsibilities that affect operation of the municipal waste combustion unit.

2. The requirement in subdivision A 1 of this section does not apply to chief facility operators, shift supervisors, and control room operators who have obtained full certification from the American Society of Mechanical Engineers on or before January 31, 2003.

3. The owner may request that the board waive the requirement in subdivision A 1 of this section for chief facility operators, shift supervisors, and control room operators who have obtained provisional certification from the American Society of Mechanical Engineers on or before January 31, 2003.

B. A plant-specific training course and operating manual shall be established as follows.

1. All employees with responsibilities that affect how a municipal waste combustion unit operates, including but not limited to, chief facility operators, shift supervisors, control room operators, ash handlers, maintenance personnel, and crane or load handlers, shall complete the plant-specific training course.

2. A plant-specific operating manual shall be developed by the later of (i) six months after the municipal waste combustor unit starts up, or (ii) January 31, 2004.

3. A program to review the plant-specific operating manual with people whose responsibilities affect the operation of the municipal waste combustion unit shall be established. Initial review of the program shall be completed by the later of (i) January 31, 2004, (ii) six months after the municipal waste combustor unit starts up, or (iii) the date before an employee assumes responsibilities that affect operation of the municipal waste combustion unit.

4. The manual shall be updated and reviewed with staff annually.

5. The following information shall be included in the plant-specific operating manual.

a. A summary of all applicable requirements in this article.

b. A description of the basic combustion principles that apply to municipal waste combustion units.

c. Procedures for receiving, handling, and feeding municipal solid waste.

d. Procedures to be followed during periods of startup, shutdown, and malfunction of the municipal waste combustion unit.

e. Procedures for maintaining a proper level of combustion air supply.

f. Procedures for operating the municipal waste combustion unit in compliance with the requirements contained in this article.

g. Procedures for responding to periodic upset or off-specification conditions.

h. Procedures for minimizing carryover of particulate matter.

i. Procedures for handling ash.

j. Procedures for monitoring emissions from the municipal waste combustion unit.

k. Procedures for recordkeeping and reporting.

6. The operating manual shall be maintained in an easily accessible location at the plant. It shall be available for review or inspection by all employees who are required to review it and by the board.

C. Each chief facility operator and shift supervisor shall obtain operator certification as follows.

1. Each chief facility operator and shift supervisor shall obtain and maintain one of the following:

a. A current provisional operator certification from the American Society of Mechanical Engineers (QRO-1-1994); or

b. A current provisional operator certification approved by the board.

2. The certification and licensing required in subdivision 1 of this subsection shall be obtained by the later of the following:

a. For Class I units, January 31, 2004; for Class II units, July 31, 2004.

b. Six months after the municipal waste combustion unit starts up.

c. Six months after being transferred to the municipal waste combustion unit or six months after they are hired to work at the municipal waste combustion unit.

3. Each chief facility operator and shift supervisor shall take one of the following actions:

a. Obtain a full certification from the American Society of Mechanical Engineers or a certification approved by the board.

b. Schedule a full certification exam with the American Society of Mechanical Engineers (QRO-1-1994).

c. Schedule a full certification exam to obtain a certification approval by the board.

4. The chief facility operator and shift supervisor shall obtain the full certification or be scheduled to take the certification exam as required in subdivision C 3 of this section by the later of the following dates.

a. For Class I units, January 31, 2004; for Class II units, July 31, 2004.

b. Six months after the municipal waste combustion unit starts up.

c. Six months after they transfer to the municipal waste combustion unit or 6 months after they are hired to work at the municipal waste combustion unit.

D. After the required date for full or provisional certification, no municipal waste combustion unit shall be operated unless one of the following employees is on duty:

1. A fully certified chief facility operator.

2. A provisionally certified chief facility operator who is scheduled to take the full certification exam.

3. A fully certified shift supervisor.

4. A provisionally certified shift supervisor who is scheduled to take the full certification exam.

E. No owner of an affected facility shall allow the facility to be operated at any time unless a person is on duty who is responsible for the proper operation of the facility and has a license from the Board for Waste Management Facility Operators in the correct classification. No provision of this article shall relieve any owner from the responsibility to comply in all respects with the requirements of Chapter 22.1 (§ 54.1-2209 et seq.) of Title 54.1 of the Code of Virginia and with 18VAC155 Chapter 20.

F. If the certified chief facility operator and certified shift supervisor both are unavailable, a provisionally certified control room operator at the municipal waste combustion unit may fulfill the certified operator requirement. Depending on the length of time that a certified chief facility operator and certified shift supervisor are away, the owner shall meet one of the following:

1. When the certified chief facility operator and certified shift supervisor are both offsite for 12 hours or less and no other certified operator is onsite, the provisionally certified control room operator may perform those duties without notice to, or approval by, the board.

2. When the certified chief facility operator and certified shift supervisor are offsite for more than 12 hours, but for two weeks or less, and no other certified operator is onsite, the provisionally certified control room operator may perform those duties without notice to, or approval by, the board. The periods when the certified chief facility operator and certified shift supervisor are offsite shall be recorded and included in the annual report as specified under 9VAC5-40-6770 B 2 l.

3. When the certified chief facility operator and certified shift supervisor are offsite for more than two weeks, and no other certified operator is onsite, the provisionally certified control room operator may perform those duties without notice to, or approval by, the board, and the owner shall:

a. Notify the board in writing what caused the absence and what is being done to ensure that a certified chief facility operator or certified shift supervisor is onsite; and

b. Submit a status report and corrective action summary to the board every four weeks following the initial notification. If the board notifies the owner that the status report or corrective action summary is disapproved, the municipal waste combustion unit shall cease operation after 90 days. If corrective actions are taken in the 90-day period such that the board withdraws the disapproval, municipal waste combustion unit operation may continue.

G. The requirements of this section with regard to scheduling and obtaining certification through a program approved by the board may be met by obtaining a license from the Board for Waste Management Facility Operators. All training and licensing shall be conducted in accordance with Chapter 22.1 (54.1-2209 et seq.) of Title 54.1 of the Code of Virginia and with 18VAC155 Chapter 20.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

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

9VAC5-40-6710. Compliance schedule.

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.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

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

9VAC5-40-6720. Operating requirements.

A. No owner shall operate any municipal waste combustion unit at loads greater than 110% of the maximum demonstrated load of the municipal waste combustion unit (four-hour block average).

B. The municipal waste combustion unit shall be operated such that the temperature at the inlet of the particulate matter control device does not exceed 17°C above the maximum demonstrated temperature of the particulate matter control device (four-hour block average).

C. If the municipal waste combustion unit uses activated carbon to control dioxins/furans or mercury emissions, an eight-hour block average carbon feed rate at or above the highest average level established during the most recent dioxins/furans or mercury test shall be maintained.

D. If the municipal waste combustion unit uses activated carbon to control dioxins/furans or mercury emissions, the total carbon usage for each calendar quarter shall be evaluated. The total amount of carbon purchased and delivered to the municipal waste combustion plant shall be at or above the required quarterly usage of carbon. The owner may choose to evaluate required quarterly carbon usage on a municipal waste combustion unit basis for each individual municipal waste combustion unit. The quarterly usage of carbon shall be calculated as required in 9VAC5-40-6760 F 1 e (1) and (2).

E. A municipal waste combustion unit is exempt from limits on load level, temperature at the inlet of the particulate matter control device, and carbon feed rate during any of the following.

1. Annual tests for dioxins/furans.

2. Annual mercury tests (for carbon feed rate requirements only).

3. The two weeks preceding annual tests for dioxins/furans.

4. The two weeks preceding annual mercury tests (for carbon feed rate requirements only).

5. Whenever the board allows any of the following.

a. Evaluation of system performance.

b. Testing of new technology or control technologies.

c. Performance of diagnostic testing.

d. Performance of other activities to improve unit performance.

e. Performance of other activities to advance the state of the art for emission controls for the municipal waste combustion unit.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

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

9VAC5-40-6730. Compliance.

A. The provisions governing compliance shall be as follows:

1. With regard to the emissions standards in 9VAC5-40-6670 A, 9VAC5-40-6680, and 9VAC5-40-6690, the provisions of 9VAC5-40-20 (Compliance) apply.

2. With regard to the emission limits in 9VAC5-40-6570 through 9VAC5-40-6660 and 9VAC5-40-6670 B, the following provisions apply:

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

b. 40 CFR 60.11; and

c. Subsections B through F of this section.

B. After the date the initial emission test and continuous emission monitoring system evaluation are required or completed, whichever is earlier, the owner shall meet the applicable emission limits specified in 9VAC5-40-6570 through 9VAC5-40-6660.

C. Initial and annual emission tests shall be conducted to measure the emission levels of dioxins/furans, cadmium, lead, mercury, particulate matter, opacity, hydrogen chloride, and fugitive ash. The results of emission tests for dioxins/furans, cadmium, lead, mercury, particulate matter, opacity, hydrogen chloride, and fugitive ash shall be used to demonstrate compliance with the applicable emission limits. Compliance for carbon monoxide, nitrogen oxides, and sulfur dioxide shall be demonstrated as provided in subsection E of this section.

D. The owner shall (i) install continuous emission monitoring systems for certain gaseous pollutants, (ii) operate continuous emission monitoring systems correctly, (iii) obtain the minimum amount of monitoring data, and (iv) install a continuous opacity monitoring system.

E. The owner shall use data from the continuous emission monitoring systems for sulfur dioxide, nitrogen oxides, and carbon monoxide in order to demonstrate continuous compliance with the applicable emission limits specified in 9VAC5-40-6610, 9VAC5-40-6620, and 9VAC5-40-6580.

F. Municipal waste combustion unit capacity shall be determined as follows.

1. For a municipal waste combustion unit that can operate continuously for 24-hour periods, the municipal waste combustion unit capacity shall be calculated based on 24 hours of operation at the maximum charge rate. The maximum charge rate shall be determined by one of the following methods.

a. For municipal waste combustion units with a design based on heat input capacity, the maximum charging rate shall be calculated based on the maximum heat input capacity and one of the following heating values:

(1) If the municipal waste combustion unit combusts refuse-derived fuel, a heating value of 12,800 kilojoules per kilogram (5,500 British thermal units per pound) shall be used; or

(2) If the municipal waste combustion unit combusts municipal solid waste, a heating value of 10,500 kilojoules per kilogram (4,500 British thermal units per pound) shall be used.

b. For municipal waste combustion units with a design not based on heat input capacity, the maximum designed charging rate shall be used.

2. Batch municipal waste combustion unit capacity shall be determined by calculating the maximum design amount of municipal solid waste that can be charged per batch multiplied by the maximum number of batches that can be processed in 24 hours. The maximum number of batches shall be calculated by dividing 24 by the number of hours needed to process one batch. Fractional batches shall be retained in the calculation; for example, if one batch requires 16 hours, the municipal waste combustion unit can combust 24/16, or 1.5 batches, in 24 hours.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

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

9VAC5-40-6740. Test methods and procedures.

A. The provisions governing test methods and procedures shall be as follows:

1. With regard to the emissions standards in 9VAC5-40-6670 A, 9VAC5-40-6680, and 9VAC5-40-6690, the provisions of 9VAC5-40-30 (Emission testing) apply.

2. With regard to the emission limits in 9VAC5-40-6570 through 9VAC5-40-6660 and 9VAC5-40-6670 B, the following provisions apply:

a. 9VAC5-40-30 D and G;

b. 40 CFR 60.8 (b) through (f) with the exception of paragraph (a); and

c. Subsections B through F of this section.

B. Class I units shall submit dioxin/furan emission test results for at least one test conducted during or after 1990. The emission tests shall have been conducted according to the procedures specified under subsection D of this section.

C. Emission testing shall be conducted on the following schedule.

1. Initial emission tests for the pollutants listed in 9VAC5-40-6730 C shall be conducted no later than 180 days after the final compliance date specified in 9VAC5-40-6710 A.

2. Annual emission tests for the pollutants listed in 9VAC5-40-6730 C shall be conducted no later than 13 months after the initial emission test and no later than 13 months after the previous emission test thereafter.

D. Emission testing shall be conducted as follows.

1. Specific testing requirements are as follows.

a. For dioxins/furans: Reference Method 1 shall be used to determine the sampling location. Reference Method 23 shall be used to measure the pollutant concentration; oxygen (or carbon dioxide) shall be measured simultaneously using Reference Method 3A or 3B. The minimum sampling time shall be four hours per test run while the municipal waste combustion unit is operating at full load.

b. For cadmium: Reference Method 1 shall be used to determine the sampling location. Reference Method 29 shall be used to measure the pollutant concentration; oxygen (or carbon dioxide) shall be measured simultaneously using Reference Method 3A or 3B. Compliance testing shall be performed while the municipal waste combustion unit is operating at full load.

c. For lead: Reference Method 1 shall be used to determine the sampling location. Reference Method 29 shall be used to measure the pollutant concentration; oxygen (or carbon dioxide) shall be measured simultaneously using Reference Method 3A or 3B. Compliance testing shall be performed while the municipal waste combustion unit is operating at full load.

d. For mercury: Reference Method 1 shall be used to determine the sampling location. Reference Method 29 shall be used to measure the pollutant concentration; oxygen (or carbon dioxide) shall be measured simultaneously using Reference Method 3A or 3B. Compliance testing shall be performed while the municipal waste combustion unit is operating at full load.

e. For opacity: Reference Method 9 shall be used to determine the sampling location, and Reference Method 9 shall be used to measure the pollutant concentration. Reference Method 9 shall be used to determine compliance with the opacity limits, using a three-hour observation period (30 six-minute averages).

f. For particulate matter: Reference Method 1 shall be used to determine the sampling location, and Reference Method 5 or 29 shall be used to measure the pollutant concentration. The minimum sample probe volume shall be 1.0 cubic meters. The probe and filter holder heating systems in the sampling train shall be set to provide a gas temperature no greater than 160 ± 14°C. The minimum sampling time is one hour.

g. For hydrogen chloride: Reference Method 1 shall be used to determine the sampling location. Reference Method 26 or 26A shall be used to measure the pollutant concentration; oxygen (or carbon dioxide) shall be measured simultaneously using Reference Method 3A or 3B. Test runs shall be at least one hour long while the municipal waste combustion unit is operating at full load.

h. For fugitive ash: No sampling location applies. Reference Method 22 (visible emissions) shall be used to measure the pollutant concentration. The three one-hour observation periods shall include periods when the facility transfers fugitive ash from the municipal waste combustion unit to the area where the fugitive ash is stored or loaded onto containers or trucks.

i. For sulfur dioxide, nitrogen oxide, and carbon monoxide, continuous emission monitoring systems shall be used. Emission tests are not required except for quality assurance requirements in appendix F of 40 CFR Part 60.

2. Emission tests for all pollutants shall consist of at least three test runs as specified in 40 CFR 60.8. The average of the pollutant emission concentrations from the three test runs shall be used to determine compliance with the applicable emission limits.

3. Oxygen (or carbon dioxide) measurements shall be obtained at the same time as the pollutant measurements to determine diluent gas levels, as specified in 9VAC5-40-6750 B.

4. The percent reduction in potential hydrogen chloride emission shall be calculated using the following equation:

%PHCI = (Ei – Eo) * (100/Ei)

where:

%PHCI = percent reduction of the potential hydrogen chloride emissions

Ei = hydrogen chloride emission concentration as measured at the air pollution control device inlet, corrected to 7.0% oxygen, dry basis

Eo = hydrogen chloride emission concentration as measured at the air pollution control device outlet, corrected to 7.0% oxygen, dry basis

5. The reduction efficiency for mercury emissions shall be calculated using the following equation:

Hg = (Ei – Eo)*(100/Ei)

where:

Hg = percent reduction of potential mercury emissions

Ei = mercury emission concentration as measured at the air pollution control device inlet, corrected to 7.0% oxygen, dry basis

Eo = mercury emission concentration as measured at the air pollution control device outlet, corrected to 7.0% oxygen, dry basis

6. The owner may apply to the board for approval under 40 CFR 60.8(b) to use a reference method with minor changes in methodology, use an equivalent method, use an alternative method the results of which the board has determined are adequate for demonstrating compliance, waive the requirement for an emission test because the owner has demonstrated compliance by other means, or use a shorter sampling time or smaller sampling volume.

E. Alternative emission testing schedules may be established as follows.

1. A Class II unit that has conducted emission tests for dioxins/furans, cadmium, lead, mercury, particulate matter, opacity, hydrogen chloride, and fugitive ash over three consecutive years, and has demonstrated compliance with the emission limits is not required to conduct an emission test for that pollutant for the next two years. An emission test shall be conducted within 36 months of the anniversary date of the third consecutive emission test that shows compliance with the emission limit. Thereafter, emission tests shall be performed every third year but no later than 36 months following the previous emission tests. If an emission test shows noncompliance with an emission limit, annual emission tests for that pollutant shall be conducted until all emission tests over three consecutive years show compliance with the emission limit for that pollutant.

2. An alternative test schedule for dioxins/furans emissions may be established if the following criteria are met: (i) the affected facility contains multiple municipal waste combustion units onsite that are subject to this article; and (ii) those municipal waste combustion units have demonstrated levels of dioxins/furans emissions less than or equal to 15 nanograms per dry standard cubic meter (total mass) for Class I units, or 30 nanograms per dry standard cubic meter (total mass) for Class II units, for two consecutive years. If these criteria are met, annual emission tests shall be conducted on only one municipal waste combustion unit per year. emission tests conducted under the provisions of this subdivision shall be conducted as follows.

a. The annual emission test shall be conducted no more than 13 months following an emission test on any municipal waste combustion unit subject to this article. Each year a different municipal waste combustion unit subject to this article shall be tested. All municipal waste combustion units subject to this article shall be tested in a sequence determined by the owner. Once a testing sequence has been determined it shall not be changed without approval of the board.

b. If each annual emission test shows levels of dioxins/furans emissions less than or equal to 15 nanograms per dry standard cubic meter (total mass) for Class I units, or 30 nanograms per dry standard cubic meter (total mass) for Class II units, emission tests may be conducted on only one municipal waste combustion unit subject to this article per year.