Administrative Code

Virginia Administrative Code
5/13/2021

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.

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)

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 (n) 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; amended, Virginia Register Volume 37, Issue 4, eff. November 11, 2020.

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.

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