Current through Register Vol. 41, No. 3, September 23, 2024
A. Except as provided in subsections D and E
of this section, the affected facility to which the provisions of this article
apply is each municipal waste combustor unit with a combustion capacity greater
than 250 tons per day of municipal solid waste for which construction was
commenced on or before September 20, 1994.
B. The provisions of this article apply
throughout the Commonwealth of Virginia.
C. Air curtain incinerators that meet the
capacity specifications in subsection A of this section and that combust
municipal solid waste other than yard waste are subject to all provisions of
this article.
D. Exempted from the
provisions of this article are the following:
1. Any waste combustion unit that is capable
of combusting more than 250 tons per day of municipal solid waste and is
subject to a federally enforceable permit limiting the maximum amount of
municipal solid waste that may be combusted in the unit to less than or equal
to 11 tons per day is not subject to this article if the owner:
a. Notifies the board of an exemption
claim;
b. Provides a copy of the
federally enforceable permit that limits the firing of municipal solid waste to
less than 11 tons per day; and
c.
Keeps records of the amount of municipal solid waste fired on a daily
basis.
2. Physical or
operational changes made to an existing municipal waste combustor unit
primarily for the purpose of complying with this article are not considered in
determining whether the unit is a modified or reconstructed facility under
subpart Ea or subpart Eb of 40 CFR Part 60.
3. A qualifying small power production
facility, as defined in § 3(17)(C) of the Federal Power Act ( 16 USC
§ 796(17)(C)), that burns homogeneous waste (such as automotive tires or
used oil, but not including refuse-derived fuel) for the production of electric
energy is not subject to this article if the owner of the facility notifies the
board of this exemption and provides data documenting that the facility
qualifies for this exemption.
4. A
qualifying cogeneration facility, as defined in § 3(18)(B) of the Federal
Power Act (16 §USC 796(18)(B)), that burns homogeneous waste (such as
automotive tires or used oil, but not including refuse-derived fuel) for the
production of electric energy and steam or forms of useful energy (such as
heat) that are used for industrial, commercial, heating, or cooling purposes,
is not subject to this article if the owner of the facility notifies the board
of this exemption and provides data documenting that the facility qualifies for
this exemption.
5. Any unit
combusting a single-item waste stream of tires is not subject to this article
if the owner of the unit notifies the board of an exemption claim, and provides
data documenting that the unit qualifies for this exemption.
6. Any cofired combustor located at a plant
that meets the capacity specifications in subsection A of this section is not
subject to this article if the owner of the cofired combustor:
a. Notifies the board of an exemption
claim;
b. Provides a copy of the
federally enforceable permit (specified in the definition of cofired combustor
in 9VAC5-40-7960); and
c. Keeps a record on a calendar quarter basis
of the weight of municipal solid waste combusted at the cofired combustor and
the weight of all other fuels combusted at the cofired combustor.
7. Air curtain incinerators that
meet the capacity specifications in subsection A of this section and that
combust a fuel stream composed of 100% yard waste are exempt from all
provisions of this article except the opacity limit under
9VAC5-40-8060 C, the testing
procedures under
9VAC5-40-8140, and the reporting
and recordkeeping provisions under
9VAC5-40-8160.
8. Pyrolysis/combustion units that are an
integrated part of a plastics/rubber recycling unit are not subject to this
article if the owner of the plastics/rubber recycling unit keeps records of:
a. The weight of plastics, rubber, and rubber
tires, or a combination thereof, processed on a calendar quarter
basis;
b. The weight of chemical
plant feedstocks and petroleum refinery feedstocks produced and marketed on a
calendar quarter basis; and
c. The
name and address of the purchaser of the feedstocks. The combustion of
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 feedstocks produced by
plastics/rubber recycling units are not subject to this article.
E. The provisions of
this article do not apply to the following:
1.
Any unit required to have a permit under § 3005 of the Solid Waste
Disposal Act ( 42 USC § 6901 et seq.).
2. Any materials recovery facility (including
primary or secondary smelters) that combusts waste for the primary purpose of
recovering metals.
3. Any cement
kiln firing municipal solid waste.
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 E 1 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.
