Current through Register Vol. 41, No. 3, September 23, 2024
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.
