9VAC5-20-21. Documents incorporated by reference.

A. The Administrative Process Act and Virginia Register Act provide that state regulations may incorporate documents by reference. Throughout these regulations, documents of the types specified below have been incorporated by reference.

1. United States Code.

2. Code of Virginia.

3. Code of Federal Regulations.

4. Federal Register.

5. Technical and scientific reference documents.

Additional information on key federal regulations and nonstatutory documents incorporated by reference and their availability may be found in subsection E of this section.

B. Any reference in these regulations to any provision of the Code of Federal Regulations (CFR) shall be considered as the adoption by reference of that provision. The specific version of the provision adopted by reference shall be that contained in the CFR (2012) (2013) in effect July 1, 2012 2013. In making reference to the Code of Federal Regulations, 40 CFR Part 35 means Part 35 of Title 40 of the Code of Federal Regulations; 40 CFR 35.20 means § 35.20 in Part 35 of Title 40 of the Code of Federal Regulations.

C. Failure to include in this section any document referenced in the regulations shall not invalidate the applicability of the referenced document.

D. Copies of materials incorporated by reference in this section may be examined by the public at the central office of the Department of Environmental Quality, Eighth Floor, 629 East Main Street, Richmond, Virginia, between 8:30 a.m. and 4:30 p.m. of each business day.

E. Information on federal regulations and nonstatutory documents incorporated by reference and their availability may be found below in this subsection.

1. Code of Federal Regulations.

a. The provisions specified below from the Code of Federal Regulations (CFR) are incorporated herein by reference.

(1) 40 CFR Part 50 -- National Primary and Secondary Ambient Air Quality Standards.

(a) Appendix A-1 -- Reference Measurement Principle and Calibration Procedure for the Measurement of Sulfur Dioxide in the Atmosphere (Ultraviolet Fluorescence Method).

(b) Appendix A-2 -- Reference Method for the Determination of Sulfur Dioxide in the Atmosphere (Pararosaniline Method).

(c) Appendix B -- Reference Method for the Determination of Suspended Particulate Matter in the Atmosphere (High-Volume Method).

(d) Appendix C -- Measurement Principle and Calibration Procedure for the Continuous Measurement of Carbon Monoxide in the Atmosphere (Non-Dispersive Infrared Photometry).

(e) Appendix D -- Measurement Principle and Calibration Procedure for the Measurement of Ozone in the Atmosphere.

(f) Appendix E -- Reserved.

(g) Appendix F -- Measurement Principle and Calibration Procedure for the Measurement of Nitrogen Dioxide in the Atmosphere (Gas Phase Chemiluminescence).

(h) Appendix G -- Reference Method for the Determination of Lead in Suspended Particulate Matter Collected from Ambient Air.

(i) Appendix H -- Interpretation of the National Ambient Air Quality Standards for Ozone.

(j) Appendix I -- Interpretation of the 8-Hour Primary and Secondary National Ambient Air Quality Standards for Ozone.

(k) Appendix J -- Reference Method for the Determination of Particulate Matter as PM₁₀ in the Atmosphere.

(l) Appendix K -- Interpretation of the National Ambient Air Quality Standards for Particulate Matter.

(m) Appendix L -- Reference Method for the Determination of Fine Particulate Matter as PM_2.5 in the Atmosphere.

(n) Appendix M -- Reserved.

(o) Appendix N -- Interpretation of the National Ambient Air Quality Standards for PM_2.5.

(p) Appendix O -- Reference Method for the Determination of Coarse Particulate Matter as PM in the Atmosphere.

(q) Appendix P -- Interpretation of the Primary and Secondary National Ambient Air Quality Standards for Ozone.

(r) Appendix Q -- Reference Method for the Determination of Lead in Suspended Particulate Matter as PM₁₀ Collected from Ambient Air.

(s) Appendix R -- Interpretation of the National Ambient Air Quality Standards for Lead.

(t) Appendix S -- Interpretation of the Primary National Ambient Air Quality Standards for Oxides of Nitrogen (Nitrogen Dioxide).

(u) Appendix T -- Interpretation of the Primary National Ambient Air Quality Standards for Oxides of Sulfur (Sulfur Dioxide).

(2) 40 CFR Part 51 -- Requirements for Preparation, Adoption, and Submittal of Implementation Plans.

(a) Appendix M -- Recommended Test Methods for State Implementation Plans.

(b) Appendix S -- Emission Offset Interpretive Ruling.

(c) Appendix W -- Guideline on Air Quality Models (Revised).

(d) Appendix Y -- Guidelines for BART Determinations Under the Regional Haze Rule.

(3) 40 CFR Part 55 -- Outer Continental Shelf Air Regulations.

(4) 40 CFR Part 58 -- Ambient Air Quality Surveillance.

Appendix A -- Quality Assurance Requirements for SLAMS, SPMs and PSD Air Monitoring.

(5) 40 CFR Part 59 -- National Volatile Organic Compound Emission Standards for Consumer and Commercial Products.

(a) Subpart C -- National Volatile Organic Compound Emission Standards for Consumer Products.

(b) Subpart D -- National Volatile Organic Compound Emission Standards for Architectural Coatings, Appendix A -- Determination of Volatile Matter Content of Methacrylate Multicomponent Coatings Used as Traffic Marking Coatings.

(6) 40 CFR Part 60 -- Standards of Performance for New Stationary Sources.

The specific provisions of 40 CFR Part 60 incorporated by reference are found in Article 5 (9VAC5-50-400 et seq.) of Part II of 9VAC5-50 (New and Modified Sources).

(7) 40 CFR Part 61 -- National Emission Standards for Hazardous Air Pollutants.

The specific provisions of 40 CFR Part 61 incorporated by reference are found in Article 1 (9VAC5-60-60 et seq.) of Part II of 9VAC5-60 (Hazardous Air Pollutant Sources).

(8) 40 CFR Part 63 -- National Emission Standards for Hazardous Air Pollutants for Source Categories.

The specific provisions of 40 CFR Part 63 incorporated by reference are found in Article 2 (9VAC5-60-90 et seq.) of Part II of 9VAC5-60 (Hazardous Air Pollutant Sources).

(9) 40 CFR Part 64 -- Compliance Assurance Monitoring.

(10) 40 CFR Part 72 -- Permits Regulation.

(11) 40 CFR Part 73 -- Sulfur Dioxide Allowance System.

(12) 40 CFR Part 74 -- Sulfur Dioxide Opt-Ins.

(13) 40 CFR Part 75 -- Continuous Emission Monitoring.

(14) 40 CFR Part 76 -- Acid Rain Nitrogen Oxides Emission Reduction Program.

(15) 40 CFR Part 77 -- Excess Emissions.

(16) 40 CFR Part 78 -- Appeal Procedures for Acid Rain Program.

(17) 40 CFR Part 152 Subpart I -- Classification of Pesticides.

(18) 49 CFR Part 172 -- Hazardous Materials Table. Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements, Subpart E, Labeling.

(19) 29 CFR Part 1926 Subpart F -- Fire Protection and Prevention.

b. Copies may be obtained from: Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954; phone (202) 783-3238.

2. U.S. Environmental Protection Agency.

a. The following documents from the U.S. Environmental Protection Agency are incorporated herein by reference:

(1) Reich Test, Atmospheric Emissions from Sulfuric Acid Manufacturing Processes, Public Health Service Publication No. PB82250721, 1980.

(2) Compilation of Air Pollutant Emission Factors (AP-42). Volume I: Stationary and Area Sources, stock number 055-000-00500-1, 1995; Supplement A, stock number 055-000-00551-6, 1996; Supplement B, stock number 055-000-00565, 1997; Supplement C, stock number 055-000-00587-7, 1997; Supplement D, 1998; Supplement E, 1999.

(3) "Guidelines for Determining Capture Efficiency" (GD-35), Emissions Monitoring and Analysis Division, Office of Air Quality Planning and Standards, January 9, 1995.

b. Copies of the document identified in subdivision E 2 a (1) of this subdivision, and Volume I and Supplements A through C of the document identified in subdivision E 2 a (2) of this subdivision, may be obtained from: U.S. Department of Commerce, National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161; phone 1-800-553-6847. Copies of Supplements D and E of the document identified in subdivision E 2 a (2) of this subdivision may be obtained online from EPA's Technology Transfer Network at http://www.epa.gov/ttn/index.html. Copies of the document identified in subdivision E 2 a (3) of this subdivision are only available online from EPA's Technology Transfer Network at http://www.epa.gov/ttn/emc/guidlnd.html.

3. U.S. government.

a. The following document from the U.S. government is incorporated herein by reference: Standard Industrial Classification Manual, 1987 (U.S. Government Printing Office stock number 041-001-00-314-2).

b. Copies may be obtained from: Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954; phone (202) 512-1800.

4. American Society for Testing and Materials (ASTM).

a. The documents specified below from the American Society for Testing and Materials are incorporated herein by reference.

(1) D323-99a, "Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method)."

(2) D97-96a, "Standard Test Method for Pour Point of Petroleum Products."

(3) D129-00, "Standard Test Method for Sulfur in Petroleum Products (General Bomb Method)."

(4) D388-99, "Standard Classification of Coals by Rank."

(5) D396-98, "Standard Specification for Fuel Oils."

(6) D975-98b, "Standard Specification for Diesel Fuel Oils."

(7) D1072-90(1999), "Standard Test Method for Total Sulfur in Fuel Gases."

(8) D1265-97, "Standard Practice for Sampling Liquefied Petroleum (LP) Gases (Manual Method)."

(9) D2622-98, "Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry."

(10) D4057-95(2000), "Standard Practice for Manual Sampling of Petroleum and Petroleum Products."

(11) D4294-98, "Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy-Dispersive X-Ray Fluorescence Spectroscopy."

(12) D523-89, "Standard Test Method for Specular Gloss" (1999).

(13) D1613-02, "Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer and Related Products" (2002).

(14) D1640-95, "Standard Test Methods for Drying, Curing, or Film Formation of Organic Coatings at Room Temperature" (1999).

(15) E119-00a, "Standard Test Methods for Fire Tests of Building Construction Materials" (2000).

(16) E84-01, "Standard Test Method for Surface Burning Characteristics of Building Construction Materials" (2001).

(17) D4214-98, "Standard Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films" (1998).

(18) D86-04b, "Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure" (2004).

(19) D4359-90, "Standard Test Method for Determining Whether a Material is a Liquid or a Solid" (reapproved 2000).

(20) E260-96, "Standard Practice for Packed Column Gas Chromatography" (reapproved 2001).

(21) D3912-95, "Standard Test Method for Chemical Resistance of Coatings Used in Light-Water Nuclear Power Plants" (reapproved 2001).

(22) D4082-02, "Standard Test Method for Effects of Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants."

(23) F852-99, "Standard Specification for Portable Gasoline Containers for Consumer Use" (reapproved 2006).

(24) F976-02, "Standard Specification for Portable Kerosine and Diesel Containers for Consumer Use."

(25) D4457-02, "Standard Test Method for Determination of Dichloromethane and 1,1,1-Trichloroethane in Paints and Coatings by Direct Injection into a Gas Chromatograph" (reapproved 2008).

(26) D3792-05, "Standard Test Method for Water Content of Coatings by Direct Injection Into a Gas Chromatograph."

(27) D2879-97, "Standard Test Method for Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope" (reapproved 2007).

b. Copies may be obtained from: American Society for Testing Materials, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428-2959; phone (610) 832-9585.

5. American Petroleum Institute (API).

a. The following document from the American Petroleum Institute is incorporated herein by reference: Evaporative Loss from Floating Roof Tanks, API MPMS Chapter 19, April 1, 1997.

b. Copies may be obtained from: American Petroleum Institute, 1220 L Street, Northwest, Washington, D.C. 20005; phone (202) 682-8000.

6. American Conference of Governmental Industrial Hygienists (ACGIH).

a. The following document from the ACGIH is incorporated herein by reference: 1991-1992 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices (ACGIH Handbook).

b. Copies may be obtained from: ACGIH, 1330 Kemper Meadow Drive, Suite 600, Cincinnati, Ohio 45240; phone (513) 742-2020.

7. National Fire Prevention Association (NFPA).

a. The documents specified below from the National Fire Prevention Association are incorporated herein by reference.

(1) NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids, 2000 Edition.

(2) NFPA 30, Flammable and Combustible Liquids Code, 2000 Edition.

(3) NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages, 2000 Edition.

b. Copies may be obtained from the National Fire Prevention Association, One Batterymarch Park, P.O. Box 9101, Quincy, Massachusetts 02269-9101; phone (617) 770-3000.

8. American Society of Mechanical Engineers (ASME).

a. The documents specified below from the American Society of Mechanical Engineers are incorporated herein by reference.

(1) ASME Power Test Codes: Test Code for Steam Generating Units, Power Test Code 4.1-1964 (R1991).

(2) ASME Interim Supplement 19.5 on Instruments and Apparatus: Application, Part II of Fluid Meters, 6th edition (1971).

(3) Standard for the Qualification and Certification of Resource Recovery Facility Operators, ASME QRO-1-1994.

b. Copies may be obtained from the American Society of Mechanical Engineers, Three Park Avenue, New York, New York 10016; phone (800) 843-2763.

9. American Hospital Association (AHA).

a. The following document from the American Hospital Association is incorporated herein by reference: An Ounce of Prevention: Waste Reduction Strategies for Health Care Facilities, AHA Catalog no. W5-057007, 1993.

b. Copies may be obtained from: American Hospital Association, One North Franklin, Chicago, IL 60606; phone (800) 242-2626.

10. Bay Area Air Quality Management District (BAAQMD).

a. The following documents from the Bay Area Air Quality Management District are incorporated herein by reference:

(1) Method 41, "Determination of Volatile Organic Compounds in Solvent-Based Coatings and Related Materials Containing Parachlorobenzotrifluoride" (December 20, 1995).

(2) Method 43, "Determination of Volatile Methylsiloxanes in Solvent-Based Coatings, Inks, and Related Materials" (November 6, 1996).

b. Copies may be obtained from: Bay Area Air Quality Management District, 939 Ellis Street, San Francisco, CA 94109, phone (415) 771-6000.

11. South Coast Air Quality Management District (SCAQMD).

a. The following documents from the South Coast Air Quality Management District are incorporated herein by reference:

(1) Method 303-91, "Determination of Exempt Compounds," in Manual SSMLLABM, "Laboratory Methods of Analysis for Enforcement Samples" (1996).

(2) Method 318-95, "Determination of Weight Percent Elemental Metal in Coatings by X-Ray Diffraction," in Manual SSMLLABM, "Laboratory Methods of Analysis for Enforcement Samples" (1996).

(3) Rule 1174 Ignition Method Compliance Certification Protocol (February 28, 1991).

(4) Method 304-91, "Determination of Volatile Organic Compounds (VOC) in Various Materials," in Manual SSMLLABM, "Laboratory Methods of Analysis for Enforcement Samples" (1996).

(5) Method 316A-92, "Determination of Volatile Organic Compounds (VOC) in Materials Used for Pipes and Fittings" in Manual SSMLLABM, "Laboratory Methods of Analysis for Enforcement Samples" (1996).

(6) "General Test Method for Determining Solvent Losses from Spray Gun Cleaning Systems," October 3, 1989.

b. Copies may be obtained from: South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, CA 91765, phone (909) 396-2000.

12. California Air Resources Board (CARB).

a. The following documents from the California Air Resources Board are incorporated herein by reference:

(1) Test Method 510, "Automatic Shut-Off Test Procedure for Spill-Proof Systems and Spill-Proof Spouts" (July 6, 2000).

(2) Test Method 511, "Automatic Closure Test Procedure for Spill-Proof Systems and Spill-Proof Spouts" (July 6, 2000).

(3) Method 100, "Procedures for Continuous Gaseous Emission Stack Sampling" (July 28, 1997).

(4) Test Method 513, "Determination of Permeation Rate for Spill-Proof Systems" (July 6, 2000).

(5) Method 310, "Determination of Volatile Organic Compounds (VOC) in Consumer Products and Reactive Organic Compounds in Aerosol Coating Products (Including Appendices A and B)" (May 5, 2005).

(6) California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 8.5, Article 1, § 94503.5 (2003).

(7) California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 8.5, Article 2, §§ 94509 and 94511 (2003).

(8) California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 8.5, Article 4, §§ 94540-94555 (2003).

(9) "Certification Procedure 501 for Portable Fuel Containers and Spill-Proof Spouts, CP-501" (July 26, 2006).

(10) "Test Procedure for Determining Integrity of Spill-Proof Spouts and Spill-Proof Systems, TP-501" (July 26, 2006).

(11) "Test Procedure for Determining Diurnal Emissions from Portable Fuel Containers, TP-502" (July 26, 2006).

b. Copies may be obtained from: California Air Resources Board, P.O. Box 2815, Sacramento, CA 95812, phone (906) 322-3260 or (906) 322-2990.

13. American Architectural Manufacturers Association.

a. The following documents from the American Architectural Manufacturers Association are incorporated herein by reference:

(1) Voluntary Specification 2604-02, "Performance Requirements and Test Procedures for High Performance Organic Coatings on Aluminum Extrusions and Panels" (2002).

(2) Voluntary Specification 2605-02, "Performance Requirements and Test Procedures for Superior Performing Organic Coatings on Aluminum Extrusions and Panels" (2002).

b. Copies may be obtained from: American Architectural Manufacturers Association, 1827 Walden Office Square, Suite 550, Schaumburg, IL 60173, phone (847) 303-5664.

14. American Furniture Manufacturers Association.

a. The following document from the American Furniture Manufacturers Association is incorporated herein by reference: Joint Industry Fabrics Standards Committee, Woven and Knit Residential Upholstery Fabric Standards and Guidelines (January 2001).

b. Copies may be obtained from: American Furniture Manufacturers Association, P.O. Box HP-7, High Point, NC 27261; phone (336) 884-5000.

Article 45
Emission Standards for Commercial/Industrial Solid Waste Incinerators (Rule 4-45)

9VAC5-40-6250. Applicability and designation of affected facility.

A. Except as provided in subsections C and D of this section, the The affected facilities to which the provisions of this article apply are (i) commercial/industrial solid waste incinerator (CISWI) units that commenced construction on or before November 30, 1999, (ii) incinerators that commenced construction after November 30, 1999, but no later than June 4, 2010, or commenced modification after June 1, 2001 but no later than August 7, 2013; or (iii) CISWI units other than incinerator units that commenced construction on or before June 4, 2010, or commenced modification after June 4, 2010 but no later than August 7, 2013.

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

C. Exempted from the provisions of this article are the following: those units that meet the criteria listed in 40 CFR 60.2555.

1. Pathological waste incineration units burning 90% or more by weight (on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of any combination of pathological waste, low-level radioactive waste, or chemotherapeutic waste if the owner:

a. Notifies the board that the unit meets these criteria, and

b. Keeps records on a calendar quarter basis of the weight of pathological waste, low-level radioactive waste, or chemotherapeutic waste burned, and the weight of all other fuels and wastes burned in the unit.

2. Agricultural waste incineration units burning 90% or more by weight (on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of agricultural wastes if the owner:

a. Notifies the board that the unit meets these criteria, and

b. Keeps records on a calendar quarter basis of the weight of agricultural waste burned, and the weight of all other fuels and wastes burned in the unit.

3. Municipal waste combustion units that meet either of the following:

a. Are regulated under subparts Ea, Eb, or AAAA of 40 CFR Part 60 or Article 46 (9VAC5-40-6550 et seq.) or Article 54 (9VAC5-40-7950 et seq.) of Part II of 9VAC5 Chapter 40.

b. Burn greater than 30% municipal solid waste or refuse-derived fuel, as defined in Subparts Ea, Eb and AAAA of 40 CFR Part 60, and Article 46 (9VAC5-40-6550 et seq.) of Part II of 9VAC5 Chapter 40, and have the capacity to burn less than 35 tons (32 megagrams) per day of municipal solid waste or refuse-derived fuel, if the owner:

(1) Notifies the board that the unit meets these criteria, and

(2) Keeps records on a calendar quarter basis of the weight of municipal solid waste burned, and the weight of all other fuels and wastes burned in the unit.

4. Medical waste incineration units regulated under subpart Ec of 40 CFR Part 60 or Article 44 (9VAC5-40-6000 et seq.) of Part II of 9VAC5 Chapter 40.

5. Small power production facility units if:

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 burns homogeneous waste (not including refuse-derived fuel) to produce electricity; and

c. The owner notifies the board that the unit meets all of these criteria.

6. Cogeneration facility units if:

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 burns homogeneous waste (not including refuse-derived fuel) to produce electricity and steam or other forms of energy used for industrial, commercial, heating, or cooling purposes; and

c. The owner notifies the board that the unit meets all of these criteria.

7. Hazardous waste combustion units that are either:

a. Required to obtain a permit under § 3005 of the Solid Waste Disposal Act (42 USC § 6901 et seq.); or

b. Regulated under subpart EEE of 40 CFR Part 63.

8. Materials recovery units that combust waste for the primary purpose of recovering metals, such as primary and secondary smelters.

9. Air curtain incinerators that burn only (i) 100% wood waste, (ii) 100% clean lumber or (iii) 100% mixture of only any combination of wood waste, clean lumber, or yard waste shall meet the requirements under 9VAC5-40-6490.

10. Cyclonic barrel burners.

11. Rack, part, and drum reclamation units.

12. Cement kilns regulated under subpart LLL of 40 CFR Part 63.

13. Sewage sludge incinerator units regulated under subpart O of 40 CFR Part 60.

14. Chemical recovery units burning materials to recover chemical constituents or to produce chemical compounds where there is an existing commercial market for such recovered chemical constituents or compounds.

a. Except as provided in subdivision 14 b of this subsection, the following types of units are considered chemical recovery units.

(1) Units burning only pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor recovery process and reused in the pulping process.

(2) Units burning only spent sulfuric acid used to produce virgin sulfuric acid.

(3) Units burning only wood or coal feedstock for the production of charcoal.

(4) Units burning only manufacturing byproduct streams or residues or both containing catalyst metals that are reclaimed and reused as catalysts or used to produce commercial grade catalysts.

(5) Units burning only coke to produce purified carbon monoxide that is used as an intermediate in the production of other chemical compounds.

(6) Units burning only hydrocarbon liquids or solids to produce hydrogen, carbon monoxide, synthesis gas, or other gases for use in other manufacturing processes.

(7) Units burning only photographic film to recover silver.

b. If a chemical recovery unit is not listed in subdivision 14 a of this subsection, the owner of the unit may petition the board to add the unit to the list. The petition shall contain the following:

(1) A description of the source of the materials being burned.

(2) A description of the composition of the materials being burned, highlighting the chemical constituents in these materials that are recovered.

(3) A description (including a process flow diagram) of the process in which the materials are burned, highlighting the type, design, and operation of the equipment used in this process.

(4) A description (including a process flow diagram) of the chemical constituent recovery process, highlighting the type, design, and operation of the equipment used in this process.

(5) A description of the commercial markets for the recovered chemical constituents and their use.

(6) The composition of the recovered chemical constituents and the composition of these chemical constituents as they are bought and sold in commercial markets.

c. Until the board approves the petition, the incineration unit is subject to this article.

d. If a petition is approved, the board will amend subdivision 14 a of this subsection to add the unit to the list of chemical recovery units.

15. Laboratory analysis units that burn samples of materials for the purpose of chemical or physical analysis.

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 on or after June 1, 2001 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 no later than December 1, 2003. If the unit is subject to the federal operating permit program as a result of some triggering requirements 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 that first causes the source to be subject to the federal operating permit program 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 provisions of 40 CFR Part 60 and Part 63 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 and Article 2 (9VAC5-60-90 et seq.) of Part II of 9VAC5 Chapter 60.

H. The requirement of subdivision C 7 of this section 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 9VAC20 Chapter 60 9VAC5-60 (Virginia Hazardous Waste Management Regulations).

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 Chapter 10 9VAC5-10 (General Definitions), unless otherwise required by context.

C. Terms defined. 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.

"Agricultural waste" means vegetative agricultural materials such as nut and grain hulls and chaff (e.g., almond, walnut, peanut, rice, and wheat), bagasse, orchard prunings, corn stalks, coffee bean hulls and grounds, and other vegetative waste materials generated as a result of agricultural operations.

"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 this type can be constructed above or below ground and with or without refractory walls and floor. Air curtain incinerators are not to be confused with conventional combustion devices with enclosed fireboxes and controlled air technology such as mass burn, modular, and fluidized bed combustors.

"Auxiliary fuel" means natural gas, liquefied petroleum gas, fuel oil, or diesel fuel.

"Bag leak detection system" means an instrument that is capable of monitoring particulate matter loadings in the exhaust of a fabric filter (i.e., baghouse) in order to detect bag failures. A bag leak detection system includes, but is not limited to, an instrument that operates on triboelectric, light scattering, light transmittance, or other principle to monitor relative particulate matter loadings.

"Baseline compliance date" means the earlier of (i) December 1, 2003, or (ii) the date of publication of the CISWI federal plan (Subpart III of 40 CFR Part 62) in the Federal Register.

"Calendar quarter" means three consecutive months, not overlapping, beginning on January 1, April 1, July 1, or October 1.

"Calendar year" means 365 consecutive days (or 366 consecutive days in leap years) starting on January 1 and ending on December 31.

"Chemotherapeutic waste" means waste material resulting from the production or use of antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells.

"Clean lumber" means wood or wood products that have been cut or shaped and include wet, air-dried, and kiln-dried wood products. Clean 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.

"Commercial and industrial solid waste incineration (CISWI) unit" means any combustion device that combusts commercial and industrial waste, as defined in this section. The boundaries of a CISWI unit are defined as, but not limited to, the commercial or industrial solid waste fuel feed system, grate system, flue gas system, and bottom ash. The CISWI unit does not include air pollution control equipment or the stack. The CISWI unit boundary starts at the commercial and industrial solid waste hopper (if applicable) and extends through two areas:

1. The combustion unit flue gas system, which ends immediately after the last combustion chamber.

2. 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.

"Commercial and industrial waste" means solid waste combusted in an enclosed device using controlled flame combustion without energy recovery that is a distinct operating unit of any commercial or industrial facility (including field-erected, modular, and custom-built incineration units operating with starved or excess air), or solid waste combusted in an air curtain incinerator without energy recovery that is a distinct operating unit of any commercial or industrial facility.

"Contained gaseous material" means gases that are in a container when that container is combusted.

"Cyclonic barrel burner" means a combustion device for waste materials that is attached to a 55 gallon, open-head drum. The device consists of a lid, which fits onto and encloses the drum, and a blower that forces combustion air into the drum in a cyclonic manner to enhance the mixing of waste material and air.

"Deviation" means any instance in which an affected source subject to this article, or an owner of such a source:

1. Fails to meet any requirement or obligation established by this article, including but not limited to any emission limitation, operating limit, or operator qualification and accessibility requirements;

2. Fails to meet any term or condition that is adopted to implement an applicable requirement in this article and that is included in the federal operating permit for any affected source required to obtain such a permit; or

3. Fails to meet any emission limitation, operating limit, or operator qualification and accessibility requirement in this article during startup, shutdown, or malfunction, regardless of whether such failure is permitted by this article.

"Dioxins/furans" means tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans.

"Discard" means, for purposes of this article, to burn in an incineration unit without energy recovery.

"Drum reclamation unit" means a unit that burns residues out of drums (e.g., 55 gallon drums) so that the drums can be reused.

"Energy recovery" means the process of recovering thermal energy from combustion for useful purposes such as steam generation or process heating.

"Federal operating permit" means a permit issued under Article 1 (9VAC5-80-50 et seq.) or Article 3 (9VAC5-80-360 et seq.) of Part II of 9VAC5 Chapter 80.

"Fabric filter" means an add-on air pollution control device used to capture particulate matter by filtering gas streams through filter media (e.g., baghouse).

"Low-level radioactive waste" means waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or state standards for unrestricted release. Low-level radioactive waste is not high-level radioactive waste, spent nuclear fuel, or by-product material as defined by the Atomic Energy Act of 1954 (42 USC § 2014(e)(2)).

"Malfunction" means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused, in part, by poor maintenance or careless operation are not malfunctions.

"Modification" or "modified CISWI unit" means a CISWI unit that has been changed later than June 1, 2001, and that meets one of the following criteria:

1. The cumulative cost of the changes over the life of the unit exceeds 50% of the original cost of building and installing the CISWI unit (not including the cost of land) updated to current costs (current dollars). To determine what systems are within the boundary of the CISWI unit used to calculate these costs, see the definition of CISWI unit.

2. Any physical change in the CISWI unit or change in the method of operating it that increases the amount of any air pollutant emitted for which § 129 or § 111 of the Clean Air Act has established standards.

"Part reclamation unit" means a unit that burns coatings off parts (e.g., tools, equipment) so that the parts can be reconditioned and reused.

"Particulate matter" means total particulate matter emitted from CISWI units as measured by Reference Method 5 or 29.

"Pathological waste" means waste material consisting of only human or animal remains, anatomical parts, anatomical tissue, the bags and containers used to collect and transport the waste material, and animal bedding (if applicable).

"Rack reclamation unit" means a unit that burns the coatings off of racks that are used to hold small items for application of a coating. The unit burns the coating overspray off of the rack so the rack can be reused.

"Reconstruction" means the rebuilding of a CISWI unit that meets the following criteria:

1. The reconstruction begins on or after June 1, 2001, and

2. The cumulative cost of the construction over the life of the incineration unit exceeds 50% of the original cost of building and installing the CISWI unit (not including land) updated to current costs (current dollars). To determine what systems are within the boundary of the CISWI unit used to calculate these costs, see the definition of CISWI unit.

"Refuse-derived fuel" means a type of municipal solid waste produced by processing municipal solid waste through shredding and size classification. This includes all classes of refuse-derived fuel, including (i) low-density fluff refuse-derived fuel through densified refuse-derived fuel and (ii) pelletized refuse-derived fuel.

"Shutdown" means the period of time after all waste has been combusted in the primary chamber.

"Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, 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 § 402 of the Federal Water Pollution Control Act, as amended (33 USC § 1342), or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended (42 USC § 2014). For purposes of this article, solid waste does not include the waste burned in the units described in 9VAC5-40-6250 C.

"Standard conditions" means, when referring to units of measure, a temperature of 68 degrees Fahrenheit (20°C) and a pressure of 1 atmosphere (101.3 kilopascals).

"Startup period" means the period of time between the activation of the system and the first charge to the unit.

"Wet scrubber" means an add-on air pollution control device that utilizes an aqueous or alkaline scrubbing liquor to collect particulate matter (including nonvaporous metals and condensed organics), or to absorb and neutralize acid gases, or both.

"Wood waste" means untreated wood and untreated wood products, including tree stumps (whole or chipped), trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. Wood waste does not include:

1. Grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs from residential, commercial/retail, institutional, or industrial sources as part of maintaining yards or other private or public lands.

2. Construction, renovation, or demolition wastes.

3. Clean lumber.

9VAC5-40-6270. Standard for particulate matter Emission limits and emission standards.

No owner or other person shall cause or permit to be discharged into the atmosphere from any CISWI any particulate emissions in excess of 70 milligrams per dry standard cubic meter, measured at 7.0% oxygen, dry basis at standard conditions that allowed under 40 CFR 60.2670.

9VAC5-40-6280. Standard for carbon monoxide Reserved.

No owner or other person shall cause or permit to be discharged into the atmosphere from any CISWI any carbon monoxide emissions in excess of 157 parts per million by dry volume, measured at 7.0% oxygen, dry basis at standard conditions.

9VAC5-40-6290. Standard for dioxins/furans Reserved.

No owner or other person shall cause or permit to be discharged into the atmosphere from any CISWI any dioxin/furan emissions in excess of 0.41 nanograms per dry standard cubic meter (toxic equivalency basis), measured at 7.0% oxygen, dry basis at standard conditions.

9VAC5-40-6300. Standard for hydrogen chloride Reserved.

No owner or other person shall cause or permit to be discharged into the atmosphere from any CISWI any hydrogen chloride emissions in excess of 62 parts per million by dry volume, measured at 7.0% oxygen, dry basis at standard conditions.

9VAC5-40-6310. Standard for sulfur dioxide Reserved.

No owner or other person shall cause or permit to be discharged into the atmosphere from any CISWI any sulfur dioxide emissions in excess of 20 parts per million by dry volume, measured at 7.0% oxygen, dry basis at standard conditions.

9VAC5-40-6320. Standard for nitrogen oxides Reserved.

No owner or other person shall cause or permit to be discharged into the atmosphere from any CISWI any nitrogen oxide emissions in excess of 388 parts per million by dry volume, measured at 7.0% oxygen, dry basis at standard conditions.

9VAC5-40-6330. Standard for lead Reserved.

No owner or other person shall cause or permit to be discharged into the atmosphere from any CISWI any lead emissions in excess of 0.04 milligrams per dry standard cubic meter, measured at 7.0% oxygen, dry basis at standard conditions.

9VAC5-40-6340. Standard for cadmium Reserved.

No owner or other person shall cause or permit to be discharged into the atmosphere from any CISWI any cadmium emissions in excess of 0.004 milligrams per dry standard cubic meter, measured at 7.0% oxygen, dry basis at standard conditions.

9VAC5-40-6350. Standard for mercury Reserved.

No owner or other person shall cause or permit to be discharged into the atmosphere from any CISWI any mercury emissions in excess of 0.47 milligrams per dry standard cubic meter, measured at 7.0% oxygen, dry basis at standard conditions.

9VAC5-40-6370. Standard for fugitive dust/emissions.

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

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% of hourly observation period, measured at three, 1-hour observation periods.

9VAC5-40-6380. Standard for odor.

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

9VAC5-40-6390. Standard for toxic pollutants.

The provisions of Article 4 (9VAC5-60-200 et seq.) of 9VAC5 Chapter 60 9VAC5-60 (Emission Standards for Toxic Pollutants, Rule 6-4) apply.

9VAC5-40-6400. Operator training and qualification.

A. No CISWI unit shall be operated unless a fully trained and qualified CISWI unit operator is accessible, whether at the facility or capable of being at the facility within one hour. The trained and qualified CISWI unit operator may operate the CISWI unit directly or be the direct supervisor of one or more other plant personnel who operate the unit. If all qualified CISWI unit operators are temporarily not accessible, the procedures in subsection J of this section shall be followed The provisions of 40 CFR 60.2635 through 40 CFR 60.2665 apply.

B. Operator training and qualification shall be obtained through a program approved by the board or by completing the requirements included in subsection C of this section.

C. Training shall be obtained by completing an incinerator operator training course that includes, at a minimum, the following:

1. Training on the following subjects:

a. Environmental concerns, including types of emissions.

b. Basic combustion principles, including products of combustion.

c. Operation of the specific type of incinerator to be used by the operator, including proper startup, waste charging, and shutdown procedures.

d. Combustion controls and monitoring.

e. Operation of air pollution control equipment and factors affecting performance (if applicable).

f. Inspection and maintenance of the incinerator and air pollution control devices.

g. Actions to correct malfunctions or conditions that may lead to malfunction.

h. Bottom and fly ash characteristics and handling procedures.

i. Applicable federal, state, and local regulations, including Occupational Safety and Health Administration workplace standards.

j. Pollution prevention.

k. Waste management practices.

2. An examination designed and administered by the instructor.

3. Written material covering the training course topics that can serve as reference material following completion of the course.

D. The operator training course shall be completed by the later of the following dates:

1. One year after the baseline compliance date.

2. Six months after CISWI unit startup.

3. Six months after an employee assumes responsibility for operating the CISWI unit or assumes responsibility for supervising the operation of the CISWI unit.

E. Operator qualification shall be obtained by completing a training course that satisfies the criteria under subsection B of this section. Qualification is valid from the date on which the training course is completed and the operator successfully passes the examination required under subdivision C 2 of this section.

F. To maintain operator qualification, the operator shall complete an annual review or refresher course covering, at a minimum, the following topics:

1. Update of regulations.

2. Incinerator operation, including startup and shutdown procedures, waste charging, and ash handling.

3. Inspection and maintenance.

4. Responses to malfunctions or conditions that may lead to malfunction.

5. Discussion of operating problems encountered by attendees.

G. Lapsed operator qualification shall be renewed when the operator:

1. For a lapse of less than three years, completes a standard annual refresher course described in subsection F of this section, or

2. For a lapse of three years or more, repeats the initial qualification requirements in subsection E of this section.

H. Site-specific documentation shall be available at the facility and readily accessible for all CISWI unit operators that addresses the topics described in subdivisions H 1 through 10 of this subsection. The owner shall maintain this information and the training records required by subdivision I 3 of this section in a manner that they can be readily accessed and are suitable for inspection upon request.

1. Summary of the applicable standards under this article.

2. Procedures for receiving, handling, and charging waste.

3. Incinerator startup, shutdown, and malfunction procedures.

4. Procedures for maintaining proper combustion air supply levels.

5. Procedures for operating the incinerator and associated air pollution control systems within the standards established under this article.

6. Monitoring procedures for demonstrating compliance with the incinerator operating limits.

7. Reporting and recordkeeping procedures.

8. The waste management plan required under 9VAC5-40-6410.

9. Procedures for handling ash.

10. A list of the wastes burned during the emission test.

I. A program for reviewing the following information shall be established for each incinerator operator:

1. The initial review of the information listed in subsection H of this section shall be conducted by the later of the following dates:

a. One year after the baseline compliance date.

b. Six months after CISWI unit startup.

c. Six months after being assigned to operate the CISWI unit.

2. Subsequent annual reviews of the information listed in subsection H of this section shall be conducted no later than 12 months following the previous review.

3. The following information shall be maintained:

a. Records showing the names of CISWI unit operators who have completed review of the information in subsection H of this section as required by this subsection, including the date of the initial review and all subsequent annual reviews.

b. Records showing the names of the CISWI operators who have completed the operator training requirements under subsection C of this section, met the criteria for qualification under subsection E of this section, and maintained or renewed their qualification under subsection F or G of this section. Records shall include documentation of training, the dates of the initial refresher training, and the dates of their qualification and all subsequent renewals of such qualifications.

c. For each qualified operator, the telephone or pager number at which they can be reached during operating hours.

J. If all qualified operators are temporarily not accessible (i.e., not at the facility and not able to be at the facility within one hour), one of the following procedures shall be followed:

1. When all qualified operators are not accessible for more than 8 hours, but less than two weeks, the CISWI unit may be operated by other plant personnel familiar with the operation of the CISWI unit who have completed a review of the information specified in subsection H of this section within the past 12 months. The period when all qualified operators were not accessible shall be recorded, and this deviation shall be included in the annual report as specified in 9VAC5-40-6480 G.

2. When all qualified operators are not accessible for two weeks or more, the owner shall perform the following:

a. Notify the board of this deviation in writing within 10 days, including the cause of the deviation, what is being done to ensure that a qualified operator is accessible, and the anticipated date when a qualified operator will be accessible.

b. Submit a status report to the board every 4 weeks outlining what is being done to ensure that a qualified operator is accessible, the anticipated date when a qualified operator will be accessible, and a request for approval from the board to continue operation of the CISWI unit. The first status report shall be submitted 4 weeks after the board has been notified of the deviation under subdivision 2 a of this subsection. If the board disapproves the request to continue operation of the CISWI unit, the CISWI unit may continue operation for 90 days. After 90 days, the CISWI unit shall cease operation. Operation of the unit may resume if the following requirements are met:

(1) A qualified operator is accessible as required under subsection A of this section.

(2) The board is notified that a qualified operator is accessible and that operation is resuming.

K. The requirements of subsection B of this section with regard to obtaining operator training qualifications 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.

L. 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.

9VAC5-40-6410. Waste management plan.

A. The owner of an affected facility shall prepare a written waste management plan that identifies both the feasibility and the methods used to reduce or separate certain components of solid waste from the waste stream in order to reduce or eliminate toxic emissions from incinerated waste in accordance with the provisions of 40 CFR 60.2620 through 40 CFR 60.2630.

B. The waste management plan shall be submitted no later than six months after the baseline compliance date.

C. The waste management plan shall include consideration of the reduction or separation of waste-stream elements such as paper, cardboard, plastics, glass, batteries, or metals; or the use of recyclable materials. The plan shall identify any additional waste management measures; and the owner of an affected facility shall implement those measures considered practical and feasible, based on the effectiveness of waste management measures already in place, the costs of additional measures, the emissions reductions expected to be achieved, and any other environmental or energy impacts they might have.

9VAC5-40-6420. Compliance schedule.

A. The owner of a CISWI unit planning to continue operation and achieve compliance with this article by the date one year after the baseline compliance date shall complete the following: All CISWI units regardless of category shall achieve final compliance as expeditiously as practicable but not later than February 7, 2018.

1. Comply with the operator training and qualification requirements and inspection requirements, if applicable, of 9VAC5-40-6400 by the date one year after the baseline compliance date.

2. Submit a waste management plan no later than six months after the baseline compliance date.

3. Achieve final compliance by the date one year after the baseline compliance date. The final compliance increment of progress shall be achieved by incorporation of all process changes and completion of retrofit construction of control devices, as specified in the final control plan, in order that the affected unit brought online operates all necessary process changes and air pollution control devices as designed.

4. Conduct the initial emission test no later than 90 days after the final compliance date specified in subdivision 3 of this subsection.

5. Submit an initial report, including the results of the initial emission test, no later than 60 days following the initial emission test as required by 9VAC5-40-6480 E.

B. The owner of a CISWI unit planning to continue operation and achieve compliance with this article after the date one year after the baseline compliance date and before the date two years after the baseline compliance date shall (i) petition for an extension of the final compliance date specified in subdivision A 3 of this section by meeting the requirements of 9VAC5-40-6421, and shall have been granted the extension by the board; and (ii) meet the increments of progress in subsection C of this section. The final compliance increment of progress shall be achieved by completion of the following: The owner shall submit a final control plan no later than February 7, 2015.

1. Comply with the operator training and qualification requirements and inspection requirements, if applicable, of 9VAC6-40-6400 by the date one year after the baseline compliance date.

2. Submit a waste management plan no later than six months after the baseline compliance date.

3. Achieve final compliance by the date two years after the baseline compliance date. The final compliance increment of progress shall be achieved by incorporation of all process changes and completion of retrofit construction of control devices, as specified in the final control plan, in order that the affected unit brought online operates all necessary process changes and air pollution control devices as designed.

4. Conduct the initial emission test no later than 90 days after the final compliance date specified in subdivision 3 of this subsection.

5. Submit an initial report, including the result of the initial emission test, no later than 60 days following the initial emission test as required by 9VAC5-40-6480 E.

C. The owner of a CISWI unit planning to achieve compliance later than one year after the baseline compliance date shall meet the following increments of progress: The provisions of 40 CFR 60.2575 through 40 CFR 60.2615 apply.

1. Submit and maintain a final control plan by the date six months after the baseline compliance date.

2. Achieve final compliance by the date two years after the baseline compliance date.

D. The owner shall notify the board as increments of progress are achieved. Notification of achievement of increments of progress shall include the following:

1. Notification that the increment of progress has been achieved.

2. Any items required to be submitted with each increment of progress.

3. Signature of the owner of the CISWI unit.

E. Notifications for achieving increments of progress shall be postmarked no later than 10 business days after the compliance date for the increment.

F. If an increment of progress is not met, the owner of the affected source shall submit a notification to the board postmarked within 10 business days after the date for that increment of progress. The owner shall continue to submit reports each subsequent calendar month until the increment of progress is met.

G. The control plan increment of progress shall meet the following requirements:

1. Submittal of the final control plan, which shall include the following:

a. A description of the devices for air pollution control and process changes that will be used to comply with the emission limitations and other requirements of this article;

b. The types of waste to be burned;

c. The maximum design waste burning capacity;

d. The anticipated maximum charge rate; and

e. If applicable, the petition for site-specific operating limits under 9VAC5-40-6430 D.

2. Maintenance of a copy of the final control plan onsite.

9VAC5-40-6421. Compliance schedule extension Reserved.

The owner of a CISWI unit planning to continue operation and achieve compliance with this article after the date one year after the baseline compliance date and before the date two years after the baseline compliance date shall petition the board for an extension using the following procedures:

1. The request for an extension shall be submitted to the board on or before the date two months after the baseline compliance date.

2. The request shall include documentation of the analyses undertaken to support the need for an extension, including an explanation of why the final compliance date specified in 9VAC5-40-6420 A 3 cannot be met, and why the requested extension date is needed to provide sufficient time for design, fabrication, and installation of the emissions control systems necessary to meet the requirements of this article. No request will be granted based upon the avoidance of costs.

9VAC5-40-6422. Shutdown and restart Reserved.

A. The owner of a CISWI unit planning to permanently shut down rather than comply with the complete set of requirements in this article shall complete the following:

1. If shutdown is planned to be completed by the date one year after the baseline compliance date, then shutdown must occur no later than the date one year after the baseline compliance date. The federal operating permit requirements of 9VAC5-40-6250 F shall be met regardless of when shutdown occurs.

2. If shutdown is planned but cannot be achieved by the date one year after the baseline compliance date, the owner of a CISWI unit shall petition the board for and be granted an extension using the following procedures:

a. Submit the request for an extension to the board by the date two months after the baseline compliance date. The request shall include the following:

(1) Documentation of the analyses undertaken to support the need for an extension, including an explanation of why the requested extension date is sufficient for shutdown while the date one year after the baseline compliance date is not sufficient. No request will be granted based upon the avoidance of costs. Documentation shall include an evaluation of the option to transport waste offsite to a commercial or municipal waste treatment or disposal facility or both on a temporary or permanent basis.

(2) Documentation of incremental steps of progress, including dates for completing the increments of progress, that will be taken toward shutdown.

b. Shutdown shall occur no later than the date two years after the baseline compliance date.

3. Compliance with the operator training and qualification requirements and inspection requirements, if applicable, of 9VAC5-40-6400 shall be achieved by the date one year after the baseline compliance date.

4. A legally binding closure agreement shall be submitted to the board by the date six months after the baseline compliance date. The closure agreement shall specify the date by which operation will cease. The closure date shall be no later than the date two years after the baseline compliance date.

5. The federal operating permit requirements of 9VAC5-40-6250 F shall be met regardless of when shutdown occurs.

B. If the CISWI unit is temporarily shut down and restarted for the purpose of continuing operation, the following requirements shall be met. The federal operating permit requirements of 9VAC5-40-6250 F shall be met at the time the unit is restarted.

1. If operation is planned to continue and compliance is planned to be achieved by the date one year after the baseline compliance date, the requirements of 9VAC5-40-6420 A shall apply.

2. If operation is planned to continue and compliance is planned to be achieved on or before the date two years after the baseline compliance date, the requirements of 9VAC5-40-6420 B shall be met. The owner of a CISWI unit shall have first requested an extension from the initial compliance date by following the requirements of 9VAC5-40-6421, and shall have been granted the extension by the board.

3. If the unit is restarted after the date one year after the baseline compliance date and resumes operation, but the owner has not previously requested an extension by meeting the requirements of 9VAC5-40-6421, the owner shall complete the requirements of 9VAC5-40-6420 A at the time the unit is restarted. Upon restarting the unit, the owner shall have incorporated all process changes and completed retrofit construction of control devices in order that the affected unit brought online operates all necessary process changes and air pollution control devices as designed.

C. For purposes of this section, the term "shutdown" shall have the meaning specified in 9VAC5 Chapter 10.

9VAC5-40-6430. Operating limits.

A. The owner of a facility using wet scrubbers shall meet operating limits as established in subdivisions 1 and 2 of this subsection. 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.

1. Operating limits for operating parameters shall be in accordance with Table 4-45A.

2. Operating limits for wet scrubbers shall be established during the initial emission test as follows:

a. Maximum charge rate shall be calculated using one of the following procedures:

(1) For continuous and intermittent units, the maximum charge rate is 110% of the average charge rate measured during the most recent emission test demonstrating compliance with all applicable emission limitations.

(2) For batch units, the maximum charge rate is 110% of the daily charge rate measured during the most recent emission test demonstrating compliance with all applicable emission limitations.

b. Minimum pressure drop across the wet scrubber, which is calculated as 90% of the average pressure drop across the wet scrubber measured during the most recent emission test demonstrating compliance with the particulate matter emission limitations; or minimum amperage to the wet scrubber, which is calculated as 90% of the average amperage to the wet scrubber measured during the most recent emission test demonstrating compliance with the particulate matter emission limitations.

c. Minimum scrubber liquor flow rate, which is calculated as 90% of the average liquor flow rate at the inlet to the wet scrubber measured during the most recent emission test demonstrating compliance with all applicable emission limitations.

d. Minimum scrubber liquor pH, which is calculated as 90% of the average liquor pH at the inlet to the wet scrubber measured during the most recent emission test demonstrating compliance with the hydrogen chloride emission limitation.

B. Operating limits established during the initial emission test shall be met on the date the initial emission test is required or completed, whichever is earlier.

C. If a fabric filter is used to comply with the emission limitations, each fabric filter system shall be operated such that the bag leak detection system alarm does not sound more than 5.0% of the operating time during a six-month period. In calculating this operating time percentage, if inspection of the fabric filter demonstrates that no corrective action is required, no alarm time is counted. If corrective action is required, each alarm shall be counted as a minimum of one hour. If longer than one hour to initiate corrective action transpires, the alarm time shall be counted as the actual amount of time taken to initiate corrective action.

D. If an air pollution control device other than a wet scrubber is used, or if emissions are controlled in some other manner, the owner shall petition the board for specific operating limits to be established during the initial emission test and continuously monitored thereafter. The initial emission test shall not be conducted until after the petition has been approved by the board. The petition shall include the following:

1. Identification of the specific parameters proposed to be used as additional operating limits.

2. A discussion of the relationship between these parameters and emissions of regulated pollutants, identifying how emissions of regulated pollutants change with changes in these parameters, and how limits on these parameters will limit emissions of regulated pollutants.

3. A discussion of how the upper or lower values, or both, for these parameters, which will establish the operating limits on these parameters, will be established.

4. A discussion identifying the methods to be used to measure and the instruments to be used to monitor these parameters, and the relative accuracy and precision of these methods and instruments.

5. A discussion identifying the frequency and methods for recalibrating the instruments used for monitoring these parameters.

9VAC5-40-6440. Facility and control equipment maintenance or malfunction.

A. The provisions of 9VAC5-20-180 (Facility and control equipment maintenance or malfunction) apply 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. The provisions of 9VAC5-20-180 A, B, C, D, H, and I apply With regard to the emission limits in 9VAC5-40-6270 through 9VAC5-40-6360 , 9VAC5-40-6360 B, and 9VAC5-40-6370 B, the following provisions apply:

1. 9VAC5-20-180 with the exception of subsections E, F, and G; and

2. 40 CFR 60.2685.

C. The emission limitations and operating limits apply at all times except during CISWI unit startups, shutdowns, or malfunctions. Each malfunction shall last no longer than three hours. This subsection shall not apply to the emission standards set forth in 9VAC5-40-6370, 9VAC5-40-6380, and 9VAC5-40-6390.

9VAC5-40-6450. Test methods and procedures Performance testing.

A. The provisions governing test methods and procedures shall be as follows:

1. 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.

2. B. With regard to the emission limits in 9VAC5-40-6270 through 9VAC5-40-6360 , 9VAC5-40-6360 B, and 9VAC5-40-6370 B, the following provisions apply:

a. 1. 9VAC5-40-30 D and G. ,

b. 2. 40 CFR 60.8, with the exception of paragraph (a). , and

c. Subsections B through H of this section. 3. 40 CFR 60.2690 through 40 CFR 60.2695.

B. All emission tests shall consist of a minimum of three test runs conducted under conditions representative of normal operations.

C. The owner shall document that the waste burned during the emission test is representative of the waste burned under normal operating conditions by maintaining a log of the quantity of waste burned (as required in 9VAC5-40-6480 B 2 a) and the types of waste burned during the emission test.

D. All emission tests shall be conducted using the following minimum run durations and reference methods:

1. For particulate matter: 3-run average (one hour minimum sample time per run), Reference Method 5 or 29.

2. For carbon monoxide: 3-run average (one hour minimum sample time per run), Reference Method 10, 10A, or 10B.

3. For dioxins/furans: 3-run average (one hour minimum sample time per run), Reference Method 23.

4. For hydrogen chloride: 3-run average (one hour minimum sample time per run), Reference Method 26A.

5. For sulfur dioxide: 3-run average (one hour minimum sample time per run), Reference Method 6 or 6c.

6. For nitrogen oxides: 3-run average (one hour minimum sample time per run), Reference Methods 7, 7A, 7C, 7D, or 7E.

7. For lead: 3-run average (one hour minimum sample time per run), Reference Method 29.

8. For cadmium: 3-run average (one hour minimum sample time per run), Reference Method 29.

9. For mercury: 3-run average (one hour minimum sample time per run), Reference Method 29.

10. For visible emissions: six-minute average, Reference Method 9.

E. Reference Method 1 shall be used to select the sampling location and number of traverse points.

F. Reference Method 3A or 3B shall be used for gas composition analysis, including measurement of oxygen concentration. Reference Method 3A or 3B shall be used simultaneously with each method.

G. All pollutant concentrations, except for opacity, shall be adjusted to 7.0% oxygen using the following equation:

C_adj = C_meas(20.9%–7)/(20.9–% O₂)

where:

C_adj= pollutant concentration adjusted to 7.0% oxygen;

C_meas = pollutant concentration measured on a dry basis;

(20.9–7) = 20.9% oxygen—7.0% oxygen (defined oxygen correction basis);

20.9 = oxygen concentration in air, percent; and

% O₂ = oxygen concentration measured on a dry basis, percent.

H. The owner of an affected facility shall determine the dioxins/furans toxic equivalency as follows:

1. Measure the concentration of each dioxin/furan tetra- through octa-congener emitted using EPA Method 23.

2. For each dioxin/furan congener measured in accordance with subdivision 1 of this subsection, multiply the congener concentration by its corresponding toxic equivalency factor specified in Table 4-45B of this article.

3. Sum the products calculated in accordance with subdivision 2 of this subsection to obtain the total concentration of dioxins/furans emitted in terms of toxic equivalency.

9VAC5-40-6460. Compliance

A. The provisions governing compliance shall be as follows:

1. 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.

2. B. With regard to the emission limits in 9VAC5-40-6270 through 9VAC5-40-6360, 9VAC5-40-6360 B, and 9VAC5-40-6370 B, the following provisions apply:

a. 1. 9VAC5-40-20 B, C, D, and E,

b. 2. 40 CFR 60.11, and

c. Subsections B and C of this section. 3. 40 CFR 60.2700 through 40 CFR 60.2725.

B. The owner of an affected facility shall conduct an initial emission test to determine compliance with the emission limitations in 9VAC5-40-6270 through 9VAC5-40-6360 and to establish operating limits using the procedures in 9VAC5-40-6430. The initial emission test shall be conducted using the reference methods and procedures in 9VAC5-40-6450, and shall be conducted no later than 90 days after the final compliance date specified in 9VAC5-40-6420 A or B, as applicable.

C. The owner of an affected facility shall conduct an annual emission test for particulate matter, hydrogen chloride, and opacity for each CISWI unit to determine compliance with the emission limitations under 9VAC5-40-6270 through 9VAC5-40-6360 as follows:

1. The annual emission test shall be conducted using the test methods and procedures in 9VAC5-40-6450.

2. The operating limits specified in 9VAC5-40-6430 shall be continuously monitored. Operation above the established maximum or below the established minimum operating limits constitutes a deviation from the established operating limits. Three-hour rolling average values shall be used to determine compliance (except for baghouse leak detection system alarms) unless a different averaging period is established under 9VAC5-40-6430 D. Operating limits do not apply during emission tests.

3. Only the same types of waste used to establish operating limits shall be burned during the emission test.

4. Annual emission tests for particulate matter, hydrogen chloride, and opacity shall commence within 12 months following the initial emission test. Subsequent annual emission tests shall be conducted within 12 months following the previous one.

5. The owner of an affected facility may conduct emission testing less often if the unit has test data for at least three years, and all emission tests for the pollutant (particulate matter, hydrogen chloride, or opacity) over three consecutive years show that the unit complies with the emission limitation. In this case, no emission test is required for that pollutant for the next two years. The owner shall conduct an emission test during the third year and no more than 36 months following the previous emission test.

6. If the CISWI unit continues to meet the emission limitation for particulate matter, hydrogen chloride, or opacity, the owner may conduct emission tests for these pollutants every third year, but each test shall be within 36 months of the previous test.

7. If an emission test shows a deviation from an emission limitation for particulate matter, hydrogen chloride, or opacity, the owner shall conduct annual emission tests for that pollutant until all emission tests over a three-year period show compliance.

8. A repeat emission test may be conducted at any time to establish new values for the operating limits. The board may request a repeat emission test at any time. The emission test shall be repeated if the feed stream is different than the feed streams used during any emission test used to demonstrate compliance.

9VAC5-40-6470. Monitoring.

A. The provisions governing monitoring shall be as follows:

1. 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.

2. B. With regard to the emission limits in 9VAC5-40-6270 through 9VAC5-40-6360, 9VAC5-40-6360 B, and 9VAC5-40-6370 B, the following provisions apply:

a. 1. 9VAC5-40-40 A and F,

b. 2. 40 CFR 60.13, and

c. Subsections B through F of this section. 3. 40 CFR 60.2730 through 40 CFR 60.2735.  

B. The owner of an affected facility using a wet scrubber to comply with the emission limitations under 9VAC5-40-6270 through 9VAC5-40-6360 shall install, calibrate (to manufacturers' specifications), maintain, and operate devices (or establish methods) for monitoring the value of the operating parameters used to determine compliance with the operating limits listed in Table 4-45A. These devices (or methods) shall measure and record the values for these operating parameters at the frequencies indicated in Table 4-45A at all times except as specified in subsection E of this section.

C. The owner of an affected facility using a fabric filter to comply with the requirements of this article shall install, calibrate, maintain, and continuously operate a bag leak detection system as follows:

1. A bag leak detection system shall be installed and operated for each exhaust stack of the fabric filter.

2. Each bag leak detection system shall be installed, operated, calibrated, and maintained in a manner consistent with the manufacturers' written specifications and recommendations.

3. The bag leak detection system shall be certified by the manufacturer to be capable of detecting particulate matter emissions at concentrations of 10 milligrams per actual cubic meter or less.

4. The bag leak detection system sensor shall provide output of relative or absolute particulate matter loadings.

5. The bag leak detection system shall be equipped with a device to continuously record the output signal from the sensor.

6. The bag leak detection system shall be equipped with an alarm system that sounds automatically when an increase in relative particulate matter emissions over a preset level is detected. The alarm shall be located where it is easily heard by plant operating personnel.

7. For positive pressure fabric filter systems, a bag leak detection system shall be installed in each baghouse compartment or cell. For negative pressure or induced air fabric filters, the bag leak detector shall be installed downstream of the fabric filter.

8. Where multiple detectors are required, the system's instrumentation and alarm may be shared among detectors.

D. The owner of an affected facility using something other than a wet scrubber to comply with the emission limitations under 9VAC5-40-6270 through 9VAC5-40-6260 shall install, calibrate (to the manufacturers' specifications), maintain, and operate the equipment necessary to monitor compliance with the site-specific operating limits established using the procedures in 9VAC5-40-6430 D.

E. Except for monitoring malfunctions, associated repairs, and required quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments of the monitoring system), the owner of an affected facility shall conduct all monitoring at all times the CISWI unit is operating.

F. Data recorded during monitoring malfunctions, associated repairs, and required quality assurance or quality control activities for meeting the requirements of this article, including data averages and calculations, shall not be used. All the data collected during all other periods shall be used in assessing compliance with the operating limits.

9VAC5-40-6480. Recordkeeping and reporting.

A. The provisions governing recordkeeping and reporting shall be as follows:

1. 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.

2. B. With regard to the emission limits in 9VAC5-40-6270 through 9VAC5-40-6360 , 9VAC5-40-6260 B, and 9VAC5-40-6370 B, the following provisions apply:

a. 1. 9VAC5-40-50 F and H,

b. 2. 40 CFR 60.7, and

c. Subsections B through J of this section. 3. 40 CFR 60.2740 through 40 CFR 60.2800.

B. The following records, as applicable, shall be maintained for a period of at least five years:

1. Calendar date of each record.

2. Records of the following data:

a. The CISWI unit charge dates, times, weights, and hourly charge rates.

b. Liquor flow rate to the wet scrubber inlet every 15 minutes of operation, as applicable.

c. Pressure drop across the wet scrubber system every 15 minutes of operation or amperage to the wet scrubber every 15 minutes of operation, as applicable.

d. Liquor pH as introduced to the wet scrubber every 15 minutes of operation, as applicable.

e. For affected CISWI units that establish operating limits for controls other than wet scrubbers under 9VAC5-40-6430 D, the owner shall maintain data collected for all operating parameters used to determine compliance with the operating limits.

f. If a fabric filter is used to comply with the emission limitations, the owner shall record the date, time, and duration of each alarm and the time corrective action was initiated and completed, and a brief description of the cause of the alarm and the corrective action taken. The owner shall also record the percent of operating time during each six-month period that the alarm sounds, calculated as specified in 9VAC5-40-6430 C.

3. Identification of calendar dates and times for which monitoring systems used to monitor operating limits were inoperative, inactive, malfunctioning, or out of control (except for downtime associated with zero and span and other routine calibration checks). Identify the operating parameters not measured, the duration, reasons for not obtaining the data, and a description of corrective actions taken.

4. Identification of calendar dates, times, and durations of malfunctions, and a description of the malfunction and the corrective action taken.

5. Identification of calendar dates and times for which data show a deviation from the operating limits in Table 4-45A or a deviation from other operating limits established under 9VAC5-40-6430 D with a description of the deviations, reasons for such deviations, and a description of corrective actions taken.

6. The results of the initial, annual, and any subsequent emission tests conducted to determine compliance with the emission limits and to establish operating limits, as applicable. Retain a copy of the complete emission test report including calculations.

7. Records showing the names of CISWI unit operators who have completed review of the information in 9VAC5-40-6400 H as required by 9VAC5-40-6400 I, including the date of the initial review and all subsequent annual reviews.

8. Records showing the names of the CISWI operators who have completed the operator training requirements under 9VAC5-40-6400 A, met the criteria for qualification under 9VAC5-40-6400 E, and maintained or renewed their qualification under 9VAC5-40-6400 F or G. Records shall include documentation of training, the dates of the initial and refresher training, and the dates of their qualification and all subsequent renewals of such qualifications.

9. For each qualified operator, the telephone or pager number at which they can be reached during operating hours.

10. Records of calibration of any monitoring devices as required under 9VAC5-40-6470 A through C.

11. Equipment vendor specifications and related operation and maintenance requirements for the incinerator, emission controls, and monitoring equipment.

12. The information listed in 9VAC5-40-6400 H.

13. On a daily basis, a log of the quantity of waste burned and the types of waste burned.

C. All records shall be available onsite in either paper copy or computer-readable format that can be printed upon request, unless an alternative format is approved by the board.

D. The owner of an affected facility shall submit the waste management plan no later than the date specified in 9VAC5-40-6410 B.

E. The information specified in this subsection shall be submitted no later than 60 days following the initial emission test. All reports shall be signed by the facilities manager.

1. The complete emission test report for the initial emission test results obtained under 9VAC5-40-6460 B, as applicable.

2. The values for the site-specific operating limits established in 9VAC5-40-6430.

3. If a fabric filter is being used to comply with the emission limitations, documentation that a bag leak detection system has been installed and is being operated, calibrated, and maintained as required by 9VAC5-40-6470 C.

F. An annual report shall be submitted no later than 12 months following the submission of the information in subsection E of this section. Subsequent reports shall be submitted no more than 12 months following the previous report. If the unit is subject to permitting requirements under the federal operating permit program, the permit may require submittal of these reports more frequently.

G. The annual report required under subsection F of this section shall include the items listed in this subsection. If a deviation from the operating limits or the emission limitations occurs, deviation reports shall also be submitted as specified in 9VAC5-40-6480 H.

1. Company name and address.

2. Statement by a responsible official, with that official's name, title, and signature, certifying the accuracy of the content of the report.

3. Date of report and beginning and ending dates of the reporting period.

4. The values for the operating limits established pursuant to 9VAC5-40-6430.

5. If no deviation from any applicable emission limitation or operating limit has been reported, a statement that there was no deviation from the emission limitations or operating limits during the reporting period, and that no monitoring system used to determine compliance with the operating limits was inoperative, inactive, malfunctioning or out of control.

6. The highest recorded three-hour average and the lowest recorded three-hour average, as applicable, for each operating parameter recorded for the calendar year being reported.

7. Information recorded under subdivisions B 2 f and B 3 through 5 of this section for the calendar year being reported.

8. If an emission test was conducted during the reporting period, the results of that test.

9. If the requirements of 9VAC5-40-6460 C 5 or 6 were met, and no emission test was conducted during the reporting period, a statement that the facility met the requirements of 9VAC5-40-6460 C 5 or 6, and, therefore, no emission test during the reporting period was required.

10. Documentation of periods when all qualified CISWI unit operators were unavailable for more than eight hours, but less than two weeks.

H. Deviation reports shall be submitted in accordance with the following:

1. A deviation report shall be submitted if (i) any recorded three-hour average parameter level is above the maximum operating limit or below the minimum operating limit established under this article, (ii) the bag leak detection system alarm sounds for more than 5.0% of the operating time for the six-month reporting period, or (iii) an emission test was conducted that deviated from any emission limitation.

2. The deviation report shall be submitted by August 1 of that year for data collected during the first half of the calendar year (January 1 to June 30), and by February 1 of the following year for data collected during the second half of the calendar year (July 1 to December 31).

3. For any pollutant or parameter that deviated from the emission limitations or operating limits specified in this article, the following items shall be included in the deviation report:

a. The calendar dates and times the unit deviated from the emission limitations or operating limit requirements.

b. The averaged and recorded data for those dates.

c. Duration and causes of each deviation from the emission limitations or operating limits, and corrective actions taken.

d. A copy of the operating limit monitoring data during each deviation and any emission test report that documents the emission levels.

e. The dates, times, number, duration, and causes for monitoring downtime incidents other than downtime associated with zero, span, and other routine calibration checks.

f. Whether each deviation occurred during a period of startup, shutdown, or malfunction, or during another period.

4. Deviations from the requirement to have a qualified operator accessible shall be reported as follows:

a. If all qualified operators are not accessible for two weeks or more, the owner shall:

(1) Submit a notification of the deviation within 10 days that includes a statement of what caused the deviation, a description of what is being done to ensure that a qualified operator is accessible, and the anticipated date when a qualified operator will be available; and

(2) Submit a status report to the board every four weeks that includes a description of what is being done to ensure that a qualified operator is accessible, the anticipated date when a qualified operator will be accessible, and request for approval from the board to continue operation of the CISWI unit.

b. If the unit was shut down by the board under the provisions of 9VAC5-40-6400 J 2 a due to a failure to provide an accessible qualified operator, the owner shall notify the board that the unit will resume operation once a qualified operator is accessible.

I. Initial, annual, and deviation reports shall be submitted electronically or in paper format, postmarked on or before the submittal due dates.

J. Semiannual or annual reporting dates may be changed with the approval of the board in accordance with the procedures in 40 CFR 60.19(c).

9VAC5-40-6490. Requirements for air Air curtain incinerators.

A. The owner of an affected air curtain incinerator that plans to continue operation shall achieve final compliance by the date one year after the baseline compliance date. An air curtain incinerator that continues to operate after the date one year after the baseline compliance date without being in compliance with this article shall be considered to be in violation of this article. The provisions of 40 CFR 60.2810 through 40 CFR 60.2870 apply.

B. In order to achieve final compliance, the owner shall complete all equipment changes and retrofit installation of control devices so that when the affected air curtain incinerator is placed into service, all necessary equipment and air pollution control devices operate as designed and meet the opacity limits of subsection D of this section.

C. The following shall be met if an air curtain incinerator is to be shut down:

1. If an incinerator is shut down but will be restarted prior to the final compliance date specified in subsection A of this section, the owner shall (i) achieve final compliance by the date one year after the baseline compliance date and (ii) meet the federal operating permit requirements of 9VAC5-40-6250 F on the date the incinerator restarts operation.

2. If an incinerator is shut down but will be restarted after the date one year after the baseline compliance date, the owner shall (i) complete any needed emission control retrofits, (ii) meet the opacity limits of subsection D of this section, and (iii) meet the federal operating permit requirements of 9VAC5-40-6250 F on the date the incinerator restarts operation.

3. If an incinerator is permanently shut down, the owner shall (i) submit a closure notification, including the date of closure, to the board 180 days after the final compliance date specified in subsection A of this section and (ii) meet the federal operating permit requirements of 9VAC5-40-6250 F regardless of when shutdown occurs.

D. After the date the initial emission test is required or completed (whichever is earlier), no owner or other person shall cause or permit to be discharged into the atmosphere from any affected air curtain incinerator any emissions in excess of the following limits:

1. The opacity limitation is 10% (six-minute average), except as described in subdivision 2 of this subsection.

2. The opacity limitation is 35% (six-minute average) during the startup period that is within the first 30 minutes of operation.

E. Except during malfunctions, the requirements of this article shall apply at all times, and each malfunction shall not exceed three hours.

F. Air curtain incinerators shall meet the following requirements to determine compliance with the opacity limitation:

1. Compliance with the opacity limitation shall be determined using Reference Method 9.

2. An initial emission test for opacity shall be conducted no later than 90 days after the final compliance date specified in 9VAC5-40-6490 A.

3. After the initial emission test for opacity, annual emission tests shall be conducted no more than 12 calendar months following the date of the previous emission test.

G. The owner of an air curtain incinerator shall maintain records and submit reports as follows:

1. Records of results of all initial and annual emission tests for opacity shall be kept onsite in either paper copy or electronic format, unless the board approves another format, for at least five years.

2. All records shall be made available for submittal to the board or for an inspector's onsite review.

3. An initial report shall be submitted no later than 60 days following the initial emission test for opacity that includes the following information:

a. The types of materials to be combusted.

b. The results (each six-minute average) of the initial emission tests for opacity.

4. Annual emission test results for opacity shall be submitted within 12 months following the previous report.

5. Initial and annual emission test reports for opacity shall be submitted as electronic or paper copy on or before the applicable submittal date. A copy shall be maintained onsite for a period of five years.

H. For purposes of this section, the term "shutdown" shall have the meaning specified in 9VAC5 Chapter 10.

9VAC5-40-6510. Permits.

A permit may be required prior to beginning any of the activities specified below if the provisions of 9VAC5 Chapter 50 and 9VAC5 Chapter 80 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 (restart-up re-startup) of a facility.

6. Operation of a facility.

9VAC5-40-6520. Documents incorporated by reference.

A. The United States Environmental Protection Agency (EPA) regulations promulgated at Subpart DDDD (Emissions Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration Units that Commenced Construction On or Before November 30, 1999) 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 United States 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?

§ 60.2685, Affirmative Defense for Violation of Emission Standards During Malfunction.

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 emission limitations and establish the operating limits?
§ 60.2705, By what date must I conduct the initial performance test?
§ 60.2706, Reserved

Model Rule, Continuous Compliance Requirements

§ 60.2710, How do I demonstrate continuous compliance with the emission limitations and the operating limits?
§ 60.2715, By what date must I conduct the annual performance test?
§ 60.2716, Reserved
§ 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 On or After 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.