## Virginia Administrative Code
Database updated through January 6, 2011

Article 44

Emission Standards for Hospital/Medical/Infectious Waste Incinerators (Rule 4

- 44)
9VAC5
- 40
- 6000. Applicability and designation of affected facility. A. Except as provided in subsections C and D of this section, the affected facility to which the provisions of this article apply is each individual HMIWI for which construction was commenced on or before June 20,
1996. B. The provisions of this article a pply throughout the Commonwealth of Virginia. C. Exempted from the provisions of this article are the following: 1. Combustors during periods when only pathological waste, low

- level radioactive waste, or chemotherapeutic waste is burned, provided the own er: a. Notifies the board of an exemption claim; and b. Keeps records on a calendar quarter basis of the periods of time when only pathological waste,
low

- level radioactive waste, or chemotherapeutic waste is burned. 2. Any co

- fired combustor if the own er of the co

- fired combustor: a. Notifies the board of an exemption claim; b. Provides an estimate of the relative weight of hospital waste, medical/infectious waste, and other fuels and or wastes to be combusted; and c. Keeps records on a calendar quar ter basis of the weight of hospital waste and medical/infectious waste combusted, and the weight of all other fuels and wastes combusted at
the co

- fired combustor. 3. Any combustor required to have a permit under § 3005 of the Solid Waste Disposal Act (42 USC § 6901 et seq.).4. Any combustor which meets the applicability requirements under subpart Ea or Eb of 40 CFR Part

60 (standards for certain municipal waste combustors). 5. Any pyrolysis unit. 6. Cement kilns firing hospital waste and medical/infectious waste or both. D. The provisions of this article do not apply to affected facilities subject to the standards in 9VAC5 Chapter 40, Article 54 (9VAC5

- 40

- 7950 et seq.). E. Physical or operational changes made to an existing HMIWI unit solely for the purpose of complying with this article are not considered a modification and do not result in an existing HMIWI unit becoming subject to the provisions of subpart Ec of 40 CFR Part 60 (see 40 CFR 60.50 c). F. Beginning September 15, 2000, affected facilities subject to this article shall operate pursuant to a federal operating permit. G. The provisions of 40 CFR Part 60 cited in this article are applicable only to the extent that they are incorporated by reference in Article 5 (9VAC5

- 50

- 400 et seq.) of Part II of 9VAC5 Chapter 50. H. The requirement of subdivision C 3 of this section with regard to obtaining a permit under § 3005 of the Solid Waste Disposal Act (42 USC § 6901 et seq.) may be met by obt aining a permit from the department as required by 9VAC20 Chapter 60. Statutory Authority § 10.1

- 1308 of the Code of Virginia and 40 CFR Parts 51 and 60.
Historical Notes Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, V irginia Register Volume 19, Issue 17, eff. July 1, 2003.
9VAC5
- 40
- 6010. 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 h ave the meanings given them in subsection C of
this section.B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10, unless otherwise required by context.
C. Terms defined.
"Batch HMIWI" means an HM IWI that is designed such that neither waste charging nor ash removal can occur during combustion. "Biologicals" means preparations made from living organisms and their products, including vaccines, cultures, etc., intended for use in diagnosing, immunizi ng, or treating humans or animals or in research pertaining thereto. "Blood products" means any product derived from human blood, including but not limited to blood plasma, platelets, red or white blood corpuscles, and other derived licensed products, suc h as interferon,
etc. "Body fluids" means any liquid emanating or derived from humans and not limited to blood; dialysate; amniotic, cerebrospinal, synovial, pleural, peritoneal and pericardial fluids; and semen and vaginal
secretions. "Bypass stack" mea ns a device used for discharging combustion gases to avoid severe damage to the air pollution control device or other equipment. "Chemotherapeutic waste" means waste material resulting from the production or use of antineoplastic agents used for the purpo se of stopping or reversing the growth of malignant cells.
"Co

- fired combustor" means a unit combusting hospital waste and medical/infectious waste or both with other fuels or wastes (e.g., coal, municipal solid waste) and subject to an enforceable requir ement limiting the unit to combusting a fuel feed stream, 10% or less of the weight of which is comprised, in aggregate, of hospital waste and medical/infectious waste as measured on a calendar quarter basis. For purposes of this definition, pathological w aste, chemotherapeutic waste, and low

- level radioactive waste are considered "other" wastes when calculating the percentage of hospital waste and medical/infectious waste combusted. "Combustor" means any type of stationary equipment in which solid, liquid or gaseous fuels and refuseare burned (including, but not limited to, furnaces, ovens, and kilns) for the primary purpose of destroying matter or reducing the volume, or both, of the waste by removing combustible matter.
"Commenced" means an owner has u ndertaken a continuous program of construction or modification or that an owner has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction or modification. "Compliance schedule" mean s a legally enforceable schedule specifying a date or dates by which a source must comply with specific emission limits contained in this article or with any increments of progress to achieve such compliance. "Construction" means fabrication, erection, or installation of an affected facility. "Continuous emission monitoring system" means a monitoring system for continuously measuring and recording the emissions of a pollutant from an affected facility. "Continuous HMIWI" means an HMIWI that is designed t o allow waste charging and ash removal during
combustion.
"Dioxins/furans" means the combined emissions of tetra

- through octa

- chlorinated dibenzo

- para - dioxins and dibenzofurans, as measured by Reference Method 23. "Dry scrubber" means an add

- on air pollu tion control system that injects dry alkaline sorbent (dry injection) or sprays an alkaline sorbent (spray dryer) to react with and neutralize acid gases in the HMIWI exhaust stream forming a dry powder material.
"Fabric filter" means an add

- on air pollut ion control system that removes particulate matter and nonvaporous metals emissions by passing flue gas through filter bags. "Facilities manager" means the individual in charge of purchasing, maintaining, and operating the HMIWI or the owner's representat ive responsible for the management of the HMIWI. Alternative titles may include director of facilities or vice president of support services. "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."High

- air phase" means the stage of the batch operating cycle when the primary chamber reaches and maintains maximum operating temperatures. "Hospital" means any facility which has an organized medical staff, mai ntains at least six inpatient beds, and where the primary function of the institution is to provide diagnostic and therapeutic patient services and continuous nursing care primarily to human inpatients who are not related and who stay on average in

excess of 24 hours per admission. This definition does not include facilities maintained for the sole purpose of providing nursing or convalescent care to human patients who generally are not acutely ill but who require continuing medical supervision. "Hospital/ medical/infectious waste incinerator" or "HMIWI" or "HMIWI unit" means any device that combusts any amount of hospital waste and medical/infectious waste or both. "Hospital/medical/infectious waste incinerator operator" or "HMIWI operator" means any perso n who operates, controls or supervises the day

- to

- day operation of an HMIWI. "Hospital waste" means discards generated at a hospital, except unused items returned to the manufacturer. The definition of hospital waste does not include human corpses, remain s, and anatomical parts that are intended for interment or cremation. "Infectious agent" means any organism (such as a virus or bacteria) that is capable of being communicated by invasion and multiplication in body tissues and capable of causing disease o r adverse health impacts in humans. "Intermittent HMIWI" means an HMIWI that is designed to allow waste charging, but not ash removal, during combustion. "Large HMIWI" means: 1. Except as provided in subdivision 2 of this definition:
a. An HMIWI whose maximum design waste burning capacity is more than 500 pounds per hour; b. A continuous or intermittent HMIWI whose maximum charge rate is more than 500 pounds per hour; orc. A batch HMIWI whose maximum charge rate is more than 4,000 pounds per day.

2. The following are not large HMIWI: a. A continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 500 pounds per hour; or b. A batch HMIWI whose maximum charge rate is less than or equal to 4,000 pounds per day.
"Low

- level rad ioactive 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

co ntrol 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. During periods of malfunction the HMIWI operator shall operate withi n established parameters as much as possible, and monitoring of all applicable operating parameters shall continue until all waste has been combusted or until the malfunction ceases, whichever comes first. "Maximum charge rate" means:
1. For continuous a nd intermittent HMIWI, 110% of the lowest three

- hour average charge rate measured during the most recent emissions test demonstrating compliance with all applicable
emission limits. 2. For batch HMIWI, 110% of the lowest daily charge rate measured during the most recent emissions test demonstrating compliance with all applicable emission limits. "Maximum design waste burning capacity" means: 1. For intermittent and continuous HMIWI,
C = P V X 15,000/8,500where:

C = HMIWI capacity, lb/hr
P V = p rimary chamber volume, ft 3 15,000 = primary chamber heat release rate factor, Btu/ft 3 /hr 8,500 = standard waste heating value, Btu/lb; 2. For batch HMIWI,
C = P V X 4.5/8
where: C = HMIWI capacity, lb/hr
P V = primary chamber volume, ft 3

4.5 = waste density, lb/ft 3 8 = typical hours of operation of a batch HMIWI, hours. "Maximum fabric filter inlet temperature" means 110% of the lowest three

- hour average temperature at the inlet to the fabric filter (taken, at a minimum, once every minute) measured during the most recent emissions test demonstrating compliance with the dioxin/furan emission limit. "Maximum flue gas temperature" means 110% of the lowest three

- hour average temperature at the outlet from the wet scrubber (taken, at a minimum, once ever y minute) measured during the most recent emissions test demonstrating compliance with the mercury emission limit. "Medical/infectious waste" means any waste generated in the diagnosis, treatment, or immunization of human beings or animals, in research pe rtaining thereto, or in the production or testing of biologicals that is listed in subdivisions 1 through 9 of this definition. The definition of medical/infectious waste does not include hazardous waste identified or listed under the regulations in 40 CFR Part 261; household waste, as defined in 40 CFR 261.4(b)(1); ash from incineration of medical/infectious waste, once the incineration process has been completed; human corpses, remains, and anatomical parts that are intended for intermentor cremation; an d domestic sewage materials identified in 40 CFR 261.4(a)(1).

1. Cultures and stocks of infectious agents and associated biologicals, including: cultures from medical and pathological laboratories; cultures and stocks of infectious agents from research an d industrial laboratories; wastes from the production of biologicals; discarded live and attenuated vaccines; and culture dishes and devices used to transfer, inoculate, and mix cultures. 2. Human pathological waste, including tissues, organs, and body pa rts and body fluids that are removed during surgery or autopsy, or other medical procedures, and specimens of body fluids and
their containers. 3. Human blood and blood products, regardless of whether containerized, including: a. Liquid human blood;
b. Products of blood; c. Items containing unabsorbed or free

- flowing blood; d. Items saturated or dripping or both with human blood; or e. Items that were saturated or dripping or both with human blood that are now caked with dried human blood; including s erum, plasma, and other blood components, and their containers, which were used or intended for use in either patient care, testing and laboratory analysis or the development of pharmaceuticals. Intravenous bags are also included in this category. 4. Regardless of the presence of infectious agents, sharps that have been used in animal or human patient care or treatment or in medical, research, or industrial laboratories, including hypodermic needles, syringes (with or without the attached needle), p asteur pipettes, scalpel blades, blood vials, needles with attached tubing, and culture dishes. Also included are other types of broken or unbroken glassware that may have been in contact with infectious agents, such as used slides and cover slips.
5. Ani mal waste including contaminated animal carcasses, body parts, and bedding of animals that were known to have been exposed to infectious agents during research (including research in veterinary hospitals), production of biologicals or testing of pharmaceut icals.6. Isolation wastes including biological waste and discarded materials contaminated with blood,

excretions, exudates, or secretions from humans who are isolated to protect others from certain highly communicable diseases, or isolated animals known to be infected with highly communicable
diseases. 7. Unused sharps including the following unused, discarded sharps: hypodermic needles, suture needles, syringes, and scalpel blades. 8. Any waste that is contaminated or mixed with any waste listed in sub divisions 1 through 7 of this definition. 9. Any residue or contaminated soil, waste, or other debris resulting from the cleaning of a spill of any waste listed in subdivisions 1 through 8 of this definition.
"Medium HMIWI" means: 1. Except as provided in subdivision 2 of this definition: a. An HMIWI whose maximum design waste burning capacity is more than 200 pounds per hour but less than or equal to 500 pounds per hour; b. A continuous or intermittent HMIWI whose maximum charge rate is more than 200 pounds per hour but less than or equal to 500 pounds per hour; or c. A batch HMIWI whose maximum charge rate is more than 1,600 pounds per day but less than or equal to 4,000 pounds per day. 2. The following are not medium HMIWI:
a. A continuous or inte rmittent HMIWI whose maximum charge rate is less than or equal to 200 pounds per hour or more than 500 pounds per hour; or b. A batch HMIWI whose maximum charge rate is more than 4,000 pounds per day or less than or equal to 1,600 pounds per day.
"Minimu m dioxin/furan sorbent flow rate" means 90% of the highest three

- hour average dioxin/furan sorbent flow rate (taken, at a minimum, once every hour) measured during the most recent emissions testdemonstrating compliance with the dioxin/furan emission limit

. "Minimum mercury sorbent flow rate" means 90% of the highest three

- hour average mercury sorbent flow rate (taken, at a minimum, once every hour) measured during the most recent emissions test demonstrating compliance with the mercury emission limit.
"M inimum hydrogen chloride sorbent flow rate" means 90% of the highest three

- hour average hydrogen chloride sorbent flow rate (taken, at a minimum, once every hour) measured during the most recent emissions test demonstrating compliance with the hydrogen chl oride emission limit. "Minimum horsepower or amperage" means 90% of the highest three

- hour average horsepower or amperage to the wet scrubber (taken, at a minimum, once every minute) measured during the most recent emissions test demonstrating compliance with the applicable emission limits. "Minimum pressure drop across the wet scrubber" means 90% of the highest three

- hour average pressure drop across the wet scrubber particulate matter control device (taken, at a minimum, once every minute) measured duri ng the most recent emissions test demonstrating compliance with the particulate
matter emission limit. "Minimum scrubber liquor flow rate" means 90% of the highest three

- hour average liquor flow rate at the inlet to the wet scrubber (taken, at a minimum, once every minute) measured during the most recent emissions test demonstrating compliance with all applicable emission limits. "Minimum scrubber liquor pH" means 90% of the highest three

- hour average liquor pH at the inlet to the wet scrubber (taken, at a minimum, once every minute) measured during the most recent emissions test demonstrating compliance with the hydrogen chloride emission limit. "Minimum secondary chamber temperature" means 90% of the highest three

- hour average secondary chamber temperat ure (taken, at a minimum, once every minute) measured during the most recent emissions test demonstrating compliance with the particulate matter, carbon monoxide, or dioxin/furan emission limits. "Modification" means any change to an HMIWI unit after Marc h 16, 1998, such that: 1. The cumulative costs of the modifications, over the life of the unit, exceed 50% of the original costof the construction and installation of the unit (not including the cost of any land purchased in

connection with such construc tion or installation) updated to current costs; or 2. The change involves a physical change in or change in the method of operation of the unit which increases the amount of any air pollutant emitted by the unit for which standards have been
established u nder § 111 or § 129 of the federal Clean Air Act. "Operating day" means a 24

- hour period between 12:00 midnight and the following midnight during which any amount of hospital waste or medical/infectious waste is combusted at any time in the HMIWI. "Opera tion" means the period during which waste is combusted in the incinerator excluding periods of startup or shutdown. "Particulate matter" means the total particulate matter emitted from an HMIWI as measured by Reference Method 5 or Reference Method 29.

" Pathological waste" means waste material consisting of only human or animal remains, anatomical parts, or tissue, the bags and containers used to collect and transport the waste material, and animal bedding (if applicable). "Primary chamber" means the cha mber in an HMIWI that receives waste material, in which the waste is ignited, and from which ash is removed. "Pyrolysis" means the endothermic gasification of hospital waste or medical/infectious waste or both using external energy. "Secondary chamber" m eans a component of the HMIWI that receives combustion gases from the primary chamber and in which the combustion process is completed. "Shutdown" means the period of time after all waste has been combusted in the primary chamber. For continuous HMIWI, sh utdown shall commence no less than two hours after the last charge to the incinerator. For intermittent HMIWI, shutdown shall commence no less than four hours after the last charge to the incinerator. For batch HMIWI, shutdown shall commence no less than f ive hours after the high

- air phase of combustion has been completed."Small HMIWI" means:

1. Except as provided in subdivision 2 of this definition: a. An HMIWI whose maximum design waste burning capacity is less than or equal to 200 pounds per hour;
b . A continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 200 pounds per hour; or c. A batch HMIWI whose maximum charge rate is less than or equal to 1,600 pounds per day. 2. The following are not small HMIWI:
a. A continuo us or intermittent HMIWI whose maximum charge rate is more than 200 pounds per hour; or b. A batch HMIWI whose maximum charge rate is more than 1,600 pounds per day. "Small, rural HMIWI" means any small HMIWI which is located more than 50 miles from the boundary of the nearest Metropolitan Statistical Area and which burns less than 2,000 pounds per week of hospital waste and medical/infectious waste. The 2,000 pounds

- per - week limitation does not apply during emissions tests. "Startup" means the period of time between the activation of the system and the first charge to the unit. For batch HMIWI, startup means the period of time between activation of the system and ignition of the
waste.
"Wet scrubber" means an add

- on air pollution control device that uti lizes an alkaline scrubbing liquor to collect particulate matter (including nonvaporous metals and condensed organics), and to absorb and neutralize acid gases, or both. Statutory Authority § 10.1

- 1308 of the Code of Virginia and 40 CFR Parts 51 and 60.
Historical Notes Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume19, Issue 17, eff. July 1, 2003.
9VAC5
- 40
- 6020. Standard for particulate matter. No owner or other person shall cause or permit to be discharged into the atmosphere from any HMIWI any particulate emissions in excess of the following limits: 1. For small HMIWI: 0.05 grains per dry standard cubic foot (115 milligrams per dry standard cubic meter). 2. For medium HMIWI: 0.03 grains per dry standard cubic foot (69 milligrams per dry standard cubic meter). 3. For large HMIWI: 0.015 grains per dry standard cubic foot (34 milligrams per dry standard cubic meter). 4. For small, rural HMIWI: 0.086 grains per dry standard cubic foot (197 milligrams per dry standard cubic meter). Statutory Authority § 10.1

- 1308 of the Code of Virginia and 40 CFR Parts 51 and 60.
Historical Notes Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Regi ster Volume 19, Issue 17, eff. July 1, 2003.
9VAC5
- 40
- 6030. Standard for carbon monoxide. No owner or other person shall cause or permit to be discharged into the atmosphere from any HMIWI any carbon monoxide emissions in excess of the following limits: 1. For small HMIWI: 40 parts per million by volume. 2. For medium HMIWI: 40 parts per million by volume. 3. For large HMIWI: 40 parts per million by volume. 4. For small, rural HMIWI: 40 parts per million by volume.Statutory Authority § 10.1

- 1308 of the Code of Virginia and 40 CFR Parts 51 and 60.
Historical Notes Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003.
9VAC5
- 40
- 6040. Standard for dioxins/furans.
No owner or other person shall cause or permit to be discharged into the atmosphere from any HMIWI any dioxin/furan emissions in excess of the following limits: 1. For small HMIWI: 55 grains per dry billion standard cubic feet (125 nanograms per dry standard cubic meter) total dioxin/furan or 1.0 grains per billion standard cubic meter total TEQ (2.3 nanograms per dry standard cubic meter TEQ). 2. For medium HMIWI: 55 grains per billion dry standard cubic feet (125 nanograms per dry standard cubic meter) tot al dioxin/furan or 1.0 grains per billion standard cubic meter total TEQ (2.3 nanograms per dry standard cubic meter TEQ). 3. For large HMIWI: 55 grains per billion dry standard cubic feet (125 nanograms per dry standard cubic meter) total dioxin/furan or 1.0 grains per billion standard cubic meter total TEQ (2.3 nanograms per dry standard cubic meter TEQ). 4. For small, rural HMIWI: 350 grains per billion dry standard cubic feet (800 nanograms per dry standard cubic meter) total dioxin/furan or 6.6 grain s per billion standard cubic meter total TEQ (15 nanograms per dry standard cubic meter TEQ). Statutory Authority § 10.1

- 1308 of the Code of Virginia and 40 CFR Parts 51 and 60.
Historical Notes Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003.9VAC5
- 40
- 6050. Standard for hydrogen chloride. No owner or other person shall cause or permit to be discharged into the atmosphere from any HMIWI any hydrogen chloride emissions in excess of the following limits: 1. For small HMIWI: 100 parts per million by volume or 93% reduction. 2. For medium HMIWI: 100 parts per million by volume or 93% reduction. 3. For large HMIWI: 100 parts per million by volume or 93% reduction. 4. For small, rural HMIWI: 3,100 parts per million by volume. Statutory Authority § 10.1

- 1308 of the Code of Virginia and 40 CFR Parts 51 and 60.
Historical Notes Derived from Virg inia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003.
9VAC5
- 40
- 6060. Standard for sulfur dioxide. No owner or other person shall cause or permit to be discharged into the atmosphere from any HMIWI any sulfur dioxide emissions in excess of the following limits: 1. For small HMIWI: 55 parts per million by volume. 2. For medium HMIWI: 55 parts per million by volume. 3. For large HMIWI: 55 parts per million by volume. 4. For small, rural H MIWI: 55 parts per million by volume. Statutory Authority § 10.1

- 1308 of the Code of Virginia and 40 CFR Parts 51 and 60.
Historical Notes Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume 19, Issu e 17, eff. July 1, 2003.9VAC5
- 40
- 6070. Standard for nitrogen oxides. No owner or other person shall cause or permit to be discharged into the atmosphere from any HMIWI any nitrogen oxide emissions in excess of the following limits:
1. For small HMIWI: 250 parts per million by volume. 2. For medium HMIWI: 250 parts per million by volume. 3. For large HMIWI: 250 parts per million by volume. 4. For small, rural HMIWI: 250 parts per million by volume. Statutory Authority § 10.1

- 1308 of the Code of Virginia and 40 CFR Parts 51 and 60.
Historical Notes Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003.
9VAC5
- 40
- 6080. Standard for lead.
N o owner or other person shall cause or permit to be discharged into the atmosphere from any HMIWI any lead emissions in excess of the following limits: 1. For small HMIWI: 0.52 grains per thousand dry standard cubic feet (1.2 milligrams per dry standard

c ubic meter) or 70% reduction. 2. For medium HMIWI: 0.52 grains per thousand dry standard cubic feet (1.2 milligrams per dry standard cubic meter) or 70% reduction. 3. For large HMIWI: 0.52 grains per thousand dry standard cubic feet (1.2 milligrams per d ry standard cubic meter) or 70% reduction. 4. For small, rural HMIWI: 4.4 grains per thousand dry standard cubic feet (10 milligrams per dry standard cubic meter). Statutory Authority§ 10.1

- 1308 of the Code of Virginia and 40 CFR Parts 51 and 60.
Hist orical Notes Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003.
9VAC5
- 40
- 6090. Standard for cadmium. No owner or other person shall cause or permit to be discharged i nto the atmosphere from any HMIWI any cadmium emissions in excess of the following limits: 1. For small HMIWI: 0.07 grains per thousand dry standard cubic feet (0.16 milligrams per dry standard cubic meter) or 65% reduction. 2. For medium HMIWI: 0.07 gra ins per thousand dry standard cubic feet (0.16 milligrams per dry standard cubic meter) or 65% reduction. 3. For large HMIWI: 0.07 grains per thousand dry standard cubic feet (0.16 milligrams per dry standard cubic meter). 4. For small, rural HMIWI: 1.7 grains per thousand dry standard cubic feet (4 milligrams per dry standard cubic meter). Statutory Authority § 10.1

- 1308 of the Code of Virginia and 40 CFR Parts 51 and 60.
Historical Notes Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003.
9VAC5
- 40
- 6100. Standard for mercury. No owner or other person shall cause or permit to be discharged into the atmosphere from any HMIWI any mercury emissions in excess of the fol lowing limits: 1. For small HMIWI: 0.24 grains per thousand dry standard cubic feet (0.55 milligrams per drystandard cubic meter) or 85% reduction.

2. For medium HMIWI: 0.24 grains per thousand dry standard cubic feet (0.55 milligrams per dry standard cubic meter) or 85% reduction. 3. For large HMIWI: 0.24 grains per thousand dry standard cubic feet (0.55 milligrams per dry standard cubic meter) or 85% reduction. 4. For small, rural HMIWI: 3.3 grains per th ousand dry standard cubic feet (7.5 milligrams per dry standard cubic meter). Statutory Authority § 10.1

- 1308 of the Code of Virginia and 40 CFR Parts 51 and 60.
Historical Notes Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; am ended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003.
9VAC5
- 40
- 6110. Standard for visible emissions. A. The provisions of Article 1 (9VAC5

- 40

- 60 et seq.) of 9VAC5 Chapter 40 (Emission Standards for Visible Emissions) apply except that the prov isions in subsection B of this section apply instead of 9VAC5

- 40

- 80. B. No owner or other person shall cause or permit to be discharged into the atmosphere from any HMIWI any visible emissions which exhibit greater than 10% opacity, six

- minute block avera ge. Failure to meet the requirements of this section because of the presence of condensed water vapor shall not be a violation of
this section. Statutory Authority § 10.1

- 1308 of the Code of Virginia and 40 CFR Parts 51 and 60.
Historical Notes
Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume19, Issue 17, eff. July 1, 2003.
9VAC5
- 40
- 6120. 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. Statutory Authority § 10.1

- 1308 of the Code of Virginia and 40 CFR Parts 51 and 60.
Historical Notes Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virgi nia Register Volume 19, Issue 17, eff. July 1, 2003.
9VAC5
- 40
- 6130. Standard for odor. The provisions of Article 2 (9VAC5

- 40

- 130 et seq.) of 9VAC5 Chapter 40 (Emission Standards for Odor,
Rule 4

- 2) apply. Statutory Authority § 10.1

- 1308 of the Code of Virginia and 40 CFR Parts 51 and 60.
Historical Notes Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003.
9VAC5
- 40
- 6140. Standard for toxic pollutants. The provisions of Article 4 (9VAC5

- 60

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

- 4) apply. Statutory Authority § 10.1

- 1308 of the Code of Virginia and 40 CFR Parts 51 and 60.
Historical Notes Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume19, Issue 17, eff. July 1, 2003.
9VAC5
- 40
- 6150. HMIWI operator training and qualification. A. No owner of an affected facility shall allow the affected facility to operat e at any time unless a fully trained and qualified HMIWI operator is accessible, either at the facility or available within one hour. The trained and qualified HMIWI operator may operate the HMIWI directly or be the direct supervisor of one or
more HMIWI o perators. B. HMIWI operator training and qualification shall be obtained through a program approved by the board or by completing the requirements included in subsections C through G of this section. C. Training shall be obtained by completing an HMIWI o perator training course that includes, at a minimum, the following provisions: 1. Twenty

- four hours of training on the following subjects: a. Environmental concerns, including pathogen destruction and types of emissions; b. Basic combustion principles, including products of combustion; c. Operation of the type of incinerator to be used by the HMIWI operator, including proper startup, waste charging, and shutdown procedures; d. Combustion controls and monitoring; e. Operation of air pollution control e quipment and factors affecting performance (if applicable); f. Methods to monitor pollutants (continuous emission monitoring systems and monitoring of HMIWI and air pollution control device operating parameters) and equipment calibration procedures (where applicable); g. Inspection and maintenance of the HMIWI, air pollution control devices, and continuous emission monitoring systems; h. Actions to correct malfunctions or conditions that may lead to malfunction; i. Bottom and fly ash characteristics and handling procedures;j. Applicable federal, state, and local regulations;

k. Work safety procedures;
l. Pre

- startup inspections; and m. Recordkeeping requirements. 2. An examination designed and administered by the instructor. 3. Reference material distributed to the attendees covering the course topics. D. Qualification shall be obtained by: 1. Completion of a training course that satisfies the criteria under subsection C of this section; and 2. Either six months experience as an HMIWI operator, six months experience as a direct supervisor of an HMIWI operator, or completion of at least two burn cycles under the observation of two qualified HMIWI operators.
E. Qualification is valid from the date on which the examination is passed or the completion of the required experience, whichever is later. F. To maintain qualification, the trained and qualified HMIWI operator shall complete and pass an annual review or refresher course of at least four hours covering, at a minimum, the following: 1. Update of regulations; 2. Incinerator operation, including startup and shutdown procedures; 3. Inspection and maintenance; 4. Responses to malfunctions or conditions that may lead to malfunction; and 5. Discussion of operating problems encountered by attendees. G. A lapsed qualification shall be renewed by one of the following methods: 1. For a lapse of less than three years, the HMIWI operator shall complete and pass a standard annual refresher course described in subsection F of this section. 2. For a lapse of three years or more, the HMIWI operator shall complete and pass a training coursewith the minimum criteria described in subsection C of this section. H. The owner of an affected facility shall maintain documentation at the fa cility that address the following: 1. Summary of the applicable limits under this article; 2. Description of basic combustion theory applicable to an HMIWI; 3. Procedures for receiving, handling, and charging waste; 4. HMIWI startup, shutdown, and malf unction procedures; 5. Procedures for maintaining proper combustion air supply levels; 6. Procedures for operating the HMIWI and associated air pollution control systems within the limits established under this article; 7. Procedures for responding to p eriodic malfunction or conditions that may lead to malfunction; 8. Procedures for monitoring HMIWI emissions; 9. Reporting and recordkeeping procedures; and 10. Procedures for handling ash. I. The owner of an affected facility shall establish a program for reviewing the information listed in subsection H of this section annually with each HMIWI operator. 1. The initial review of the information listed in subsection H of this section shall be conducted by January 1, 2001, or prior to assumption of responsibilities affecting HMIWI operation, whichever date
is later. 2. Subsequent reviews of the information listed in subsection H of this section shall be conducted annually.
J. The information listed in subsection H of this section shal l be kept in a readily accessible location for all HMIWI operators. This information, along with records of training shall be available for inspection by the
board. K. The initial training requirements of this section shall be performed by July 1, 2001.L. 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 Facilities Operators. All training a nd licensing shall be 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. M. 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. Statutory Authority § 10.1

- 1308 of the Code of Virginia and 40 CFR Parts 51 and 60.
Historical Notes
Derive d from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003.
9VAC5
- 40
- 6160. Waste management plans. A. The owner of an affected facility shall prepare a waste management plan. The was te management plan shall identify both the feasibility and the approach to separate certain components of solid waste from the health care waste stream in order to reduce the amount of toxic emissions from incinerated waste. A waste management plan may inc lude, but is not limited to, elements such as paper, cardboard, plastics, glass, battery, or metal recycling; or purchasing recycled or recyclable products. A waste management plan may include different goals or approaches for different areas or department s of the facility and need not include new waste management goals for every waste stream. It should identify, where possible, reasonably available additional waste management measures, taking into account the effectiveness of waste management measures alre ady in place, the costs of additional measures, the emission reductions expected to be achieved, and any other environmental or energy impacts they might have. The AmericanHospital Association publication entitled "An Ounce of Prevention: Waste Reduction Strategies for Health Care Facilities" (see 9VAC5

- 20

- 21) shall be considered in the development of the waste management plan. B. The waste management plan shall be submitted to the board no later than 60 days after the initial emissions test as required u nder 9VAC5

- 40

- 6180. Statutory Authority § 10.1

- 1308 of the Code of Virginia.
Historical Notes Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000.
9VAC5
- 40
- 6170. Inspections. A. The owner shall conduct an initial equipment inspectio n of each affected small, rural HMIWI by July 1, 2001. At a minimum, each inspection shall include the following: 1. Inspect all burners, pilot assemblies, and pilot sensing devices for proper operation; clean pilot flame sensor, as necessary;
2. Ensure proper adjustment of primary and secondary chamber combustion air, and adjust as
necessary; 3. Inspect hinges and door latches, and lubricate as necessary; 4. Inspect dampers, fans, and blowers for proper operation; 5. Inspect HMIWI door and door gasket s for proper sealing; 6. Inspect motors for proper operation; 7. Inspect primary chamber refractory lining; clean and repair or replace lining as necessary; 8. Inspect incinerator shell for corrosion and hot spots; 9. Inspect secondary and tertiary chambers and stack, clean as necessary; 10. Inspect mechanical loader, including limit switches, for proper operation, if applicable; 11. Visually inspect waste bed (grates), and repair or seal, as appropriate;12. For the burn cycle that follows the inspection, document that the incinerator is operating properly

and make any necessary adjustments; 13. Inspect air pollution control device(s) for proper operation, if applicable; 14. Inspect waste heat boiler systems to ensure proper operation, if applicable; 15. Inspect bypass stack components; 16. Ensure proper calibration of thermocouples, sorbent feed systems and any other monitoring equipment; and 17. Generally observe that the equipment is maintained in good oper ating condition. B. The owner shall conduct an equipment inspection of each affected small, rural HMIWI annually (no more than 12 months following the previous annual equipment inspection), as outlined in subsection A of
this section. C. Within 10 operat ing days following an equipment inspection all necessary repairs shall be completed unless the owner obtains written approval from the board establishing a date whereby all necessary repairs of the affected facility shall be completed. Statutory Authority § 10.1

- 1308 of the Code of Virginia.
Historical Notes Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000.
9VAC5
- 40
- 6180. Compliance, emissions testing, and monitoring. A. The provisions governing compliance, emissions testing, and monitoring shall be as follows: 1. With regard to the emissions standards in 9VAC5

- 40

- 6120, 9VAC5

- 40

- 6130, and 9VAC5

- 40

- 6140, the provisions of 9VAC5

- 40

- 20 (Compliance), 9VAC5

- 40

- 30 (Emission testing) and 9VAC5

- 40

- 40 (Monitoring) apply. 2. With regard to the emission limits in 9VAC5

- 40

- 6020 through 9VAC5

- 40

- 6110, the followingprovisions apply:

a. 9VAC5

- 40

- 20 B, C, D, and E.
b. 40 CFR 60.11.
c. 9VAC5

- 40

- 30 D and G. d. 40 CFR 60.8, with the exception of paragraph (a).
e. 9VAC5

- 40

- 40 A and F.
f. 40 CFR 60.13. g. Subsections B through N of this section. B. The emission limits under this article apply at all times except during periods of startup, shutdown, or malfunction, provided that no hospital waste or medical/infectious waste is charged t o the affected facility during startup, shutdown, or malfunction. C. Except as provided in subsection L of this section, the owner of an affected facility shall conduct an initial emissions test by December 27, 2001, as required under this section to dete rmine compliance with the emission limits using the procedures and test methods listed in this subsection. The use of the bypass stack during an emissions test shall invalidate the emissions test.
1. All emissions tests shall consist of a minimum of three test runs conducted under representative operating conditions. 2. The minimum sample time shall be one hour per test run unless otherwise indicated. 3. Reference Method 1 shall be used to select the sampling location and number of traverse points.
4. R eference Method 3 or 3A shall be used for gas composition analysis, including measurement of oxygen concentration. Reference Method 3 or 3A shall be used simultaneously with each reference
method. 5. The pollutant concentrations shall be adjusted to 7.0% oxygen using the following equation:
C adj = C meas (20.9

- 7)/(20.9

- % O 2 )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 correcti on basis); 20.9 = oxygen concentration in air, percent; and
% O 2 = oxygen concentration measured on a dry basis, percent. 6. Reference Method 5 or 29 be used to measure the particulate matter emissions.
7. Reference Method 9 shall be used to measure st ack opacity.
8. Reference Method 10 or 10B shall be used to measure the carbon monoxide emissions. 9. Reference Method 23 shall be used to measure total dioxin/furan emissions. The minimum sample time shall be four hours per test run. If the affected fac ility has selected the toxic equivalency limits for dioxin/furans, under 9VAC5

- 40

- 6040, the following procedures shall be used to determine compliance:
a. Measure the concentration of each dioxin/furan tetra

- through octa

- congener emitted using Reference M ethod 23. b. For each dioxin/furan congener measured in accordance with subdivision 9 a of this subsection, multiply the congener concentration by its corresponding toxic equivalency factor specified in
Table 4

- 44A of this article. TABLE 4

- 44A.

TOXIC EQUIVALANCY FACTORS. Dioxon/furan congener Toxic equivalency factor 2,3,7,8

- tetrachlorinated dibenzo

- p - dioxin 1 1,2,3,7,8

- pentachlorinated dibenzo

- p - dioxin 0.5 1,2,3,4,7,8

- hexachlorinated dibenzo

- p - dioxin 0.1 1,2,3,7,8,9

- hexachlorinated dibenzo

- p - dioxin 0.1 1,2,3,6,7,8

- hexachlorinated dibenzo

- p - dioxin 0.11,2,3,4,6,7,8

- heptachlorinated dibenzo

- p - dioxin 0.01

octachlorinated dibenzo

- p - dioxin 0.001 2,3,7,8

- tetrachlorinated dibenzofuran 0.1 2,3,4,7,8

- pentachlorinated dibenzofuran 0.5 1,2,3,7,8

- pentachlorinated dibenzofuran 0.05 1,2,3,4,7,8

- hexachlorinated dibenzofuran 0.1 1,2,3,6,7,8

- hexachlorinated dibenzofuran 0.1 1,2,3,7,8,9

- hexachlorinated dibenzofuran 0.1 2,3,4,6,7,8

- hexachlorinated dibenzofuran 0.1 1,2,3,4,6,7,8

- heptachlorinated dibenzofuran 0.01 1,2,3,4,7,8,9

- heptachlorinated dibenzofuran 0.01 Octachlorinated dibenzofuran 0.001
c. Sum the products calculated in accordance with subdivision 9 b of this subsection to obtain the total concentration of dioxins/furans emitted in terms of toxic equivalency. 10. Reference Method 26 shall be used to measure hydrogen chloride emissions. If the affected facility has selected the percentage reduction limits for hydrogen chloride under 9VAC5

- 40

- 6050, the percentage reduction in hydrogen chloride emissions (% R HCl ) is computed using the following formula:

where:
% R HCl = percentage reduction of hydrogen chloride emissions achieved;
E i = hydrogen chloride emission concentration measured at the control device inlet, corrected to 7.0% oxy gen (dry basis); and
E o = hydrogen chloride emission concentration measured at the control device outlet, corrected to 7.0% oxygen (dry basis). 11. Reference Method 29 shall be used to measure lead, cadmium, and mercury emissions. If theaffected facilit y has selected the percentage reduction limits for metals under 9VAC5

- 40

- 6080,

9VAC5

- 40

- 6090, or 9VAC5

- 40

- 6100, the percentage reduction in emissions (% R metal ) is computed using the following formula:

where:
% R metal = percentage reduction of metal emission (lead, cadmium, or mercury ) achieved;
E i = metal emission concentration (lead, cadmium, or mercury ) measured at the control device inlet, corrected to 7.0% oxygen (dry basis); and
E o = metal emission concentration (lead, cadmium, or mercury) measured at the control device outlet, corrected to 7.0 % oxygen (dry basis). D. Following the date on which the initial emissions test is completed or is required to be completed under this section, whichever date comes first, the owner of an affected facility shall: 1. Determine compliance with the opacity limit by conducting an annual emissions test (no more than 12 months following the previous emissions test) using the applicable procedures and test methods listed in subsection C of this section. 2. Determine compliance with the particulate matter, carbo n monoxide, and hydrogen chloride emission limits by conducting an annual emissions test (no more than 12 months following the previous emissions test) using the applicable procedures and test methods listed in subsection C of this section. If all three emissions tests over a three

- year period indicate compliance with the emission limit for a pollutant (particulate matter, carbon monoxide, or hydrogen chloride ), the owner may forego an emissions test for that pol lutant for the subsequent two years. At a minimum, an emissions test for particulate matter, carbon monoxide, and hydrogen chloride shall be conducted every third year (no more than 36 months following the previous emissions test). If an emissions test

con ducted every third year indicates compliance with the emission limit for a pollutant (particulate matter, carbon monoxide, or hydrogen chloride ), the owner may forego an emissions test for thatpollutant for an additional two years. If any emissions test i ndicates noncompliance with the

respective emission limit, an emissions test for that pollutant shall be conducted annually until all
annual emissions tests over a three

- year period indicate compliance with the emission limit. The use of the bypass stack d uring an emissions test shall invalidate the emissions test. 3. Facilities using a continuous emission monitoring system to demonstrate compliance with any of the emission limits under 9VAC5

- 40

- 6020 through 9VAC5

- 40

- 6100 shall: a. Determine compliance wi th the appropriate emission limit(s) using a 12

- hour rolling average, calculated each hour as the average of the previous 12 operating hours (not including startup, shutdown, or malfunction). b. Operate all continuous emission monitoring systems in accord ance with the applicable procedures under Appendices B and F of 40 CFR Part 60. E. The owner of an affected facility equipped with a dry scrubber followed by a fabric filter, a wet scrubber, or a dry scrubber followed by a fabric filter and wet scrubber shall: 1. Establish the appropriate maximum and minimum operating parameters, indicated in Table 4

- 44B of this article for each control system, as site specific operating parameters during the initial
emissions test to deter mine compliance with the emission limits; and TABLE 4

- 44 B. OPERATING PARAMETERS TO BE MONITORED AND MINIMUM MEASUREMENT AND RECORDING FREQUENCIES.

OPERATING PARAMETERS TO BE MONITORED MINIMUM FREQUENCY CONTROL SYSTEM

DATA MEASUREMENT DATA

RECORDING DRY

SCRUBBER/ FABRIC FILTER WET

SCRUBBER DRY

SCRUBBER/ FABRIC FILTER AND WET SCRUBBER
MAXIMUM OPERATING PARAMETERS
MAXIMUM CHARGE RATE 1 X CHARGE 1 X CHARGE X X XMAXIMUM FABRIC FILTER INLET TEMPERATURE CONTINUOUS 1 X MINUTE X X

MAXIMUM FLUE GAS TEMP CONTINUOUS 1 X MINUTE X X

MINIMUM OPERATING PARAMETERS
MINIMUM SECONDARY CHAMBER TEMP CONTINUOUS 1 X MINUTE X X X

MINIMUM DIOXIN/FURAN SORBENT FLOW RATE HOURLY 1 X HOUR X X

MINIMUM HCl SORBENT FLOW RATE HOURLY 1 X HOUR X X
MINIMUM Hg SORBENT FLOW RATE HOURLY 1 X HOUR X X

MINIMUM PRESSURE DROP ACROSS WET SCRUBBER OR MINIMUM HORSEPOWER OR AMPERAGE TO WET SCRUBBER CONTINUOUS 1 X MINUTE X X

MINIMUM SCRUBBER LIQUOR FLOW RATE CONTINUOUS 1 X MINUTE X X

MINIMUM SCRUBBER LIQUOR pH CONTINUOUS 1 X MINUTE X X2. Following the date on which the initial emissions test is completed or is required to be completed

under subsection B of this section, whichever date comes first, ensure that the affected facility does
not operate above any of the applicable maximum operating parameters or below any of the applicable minimum operating parameters listed in Table 4

- 44B of this article and measured as three

hour rolling averages (calculated each hour as the average of the previ ous three operating hours) at all times except during periods of startup, shutdown and malfunction. Operating parameter limits do not apply during emissions tests. Operation above the established maximum or below the established minimum operating parameter s shall constitute a violation of established operating parameters. F. Except as provided in subsection I of this section, for affected facilities equipped with a dry scrubber followed by a fabric filter: 1. Operation of the affected facility above the m aximum charge rate and below the minimum secondary chamber temperature (each measured on a three

- hour rolling average) simultaneously shall constitute a violation of the carbon monoxide emission limit. 2. Operation of the affected facility above the maximum fabric filter inlet temperature, above the maximum charge rate, and below the minimum dioxin/furan sorbent flow rate (each measured on a
three

- hour rolling average) simultaneously shall constitute a v iolation of the dioxin/furan emission
limit. 3. Operation of the affected facility above the maximum charge rate and below the minimum hydrogen chloride sorbent flow rate (each measured on a three

- hour rolling average) simultaneously
shall constitute a vi olation of the hydrogen chloride emission limit. 4. Operation of the affected facility above the maximum charge rate and below the minimum mercury sorbent flow rate (each measured on a three

- hour rolling average) simultaneously shall constitute a
violatio n of the mercury emission limit. 5. Use of the bypass stack (except during startup, shutdown, or malfunction) shall constitute a violation of the particulate matter, dioxin/furan, hydrogen chloride, lead, cadmium, and mercuryemission limits. G. Except a s provided in subsection I of this section, for affected facilities equipped with a wet scrubber: 1. Operation of the affected facility above the maximum charge rate and below the minimum pressure drop across the wet scrubber or below the minimum horsepow er or amperage to the system (each
measured on a three

- hour rolling average) simultaneously shall constitute a violation of the particulate
matter emission limit. 2. Operation of the affected facility above the maximum charge rate and below the minimum

se condary chamber temperature (each measured on a three

- hour rolling average) simultaneously shall constitute a violation of the carbon monoxide emission limit. 3. Operation of the affected facility above the maximum charge rate, below the minimum secondary chamber temperature, and below the minimum scrubber liquor flow rate (each measured on a three

hour rolling average) simultaneously shall constitute a violation of the dioxin/furan emission limit. 4. Operation of the affected facility above the maximum c harge rate and below the minimum scrubber liquor pH (each measured on a three

- hour rolling average) simultaneously shall constitute a violation of the hydrogen chloride emission limit. 5. Operation of the affected facility above the maximum flue gas tempe rature and above the maximum charge rate (each measured on a three

- hour rolling average) simultaneously shall constitute a violation of the mercury emission limit. 6. Use of the bypass stack (except during startup, shutdown, or malfunction) shall constitu te a violation of the particulate matter, dioxin/furan, hydrogen chloride, lead, cadmium, and mercury
emission limits. H. Except as provided in subsection I of this section, for affected facilities equipped with a dry scrubber followed by a fabric filter and a wet scrubber: 1. Operation of the affected facility above the maximum charge rate and below the minimum secondary chamber temperature (each measured on a three

- hour rolling average) simultaneouslyshall constitute a violation of the carbon monoxide emission limit.

2. Operation of the affected facility above the maximum fabric filter inlet temperature, above the maximum charge rate, and below the minimum dioxin/furan sorbent flow rate (each measured on a
three

- hour rolling average) simultaneously sha ll constitute a violation of the dioxin/furan emission
limit. 3. Operation of the affected facility above the maximum charge rate and below the minimum scrubber liquor pH (each measured on a three

- hour rolling average) simultaneously shall constitute a vi olation of the hydrogen chloride emission limit. 4. Operation of the affected facility above the maximum charge rate and below the minimum mercury sorbent flow rate (each measured on a three

- hour rolling average) simultaneously shall constitute a
violatio n of the mercury emission limit. 5. Use of the bypass stack (except during startup, shutdown, or malfunction) shall constitute a violation of the particulate matter, dioxin/furan, hydrogen chloride , lead, cadmium, and mercury
emission limits.
I. The owne r of an affected facility may conduct a repeat emissions test within 30 days of violation of applicable operating parameters to demonstrate that the affected facility is not in violation of the applicable emission limits. Repeat emissions tests conducted p ursuant to this subsection shall be conducted using the identical operating parameters that indicated a violation under subsection F, G, or H of this section. J. The owner of an affected facility using an air pollution control device other than a dry scru bber followed by a fabric filter, a wet scrubber, or a dry scrubber followed by a fabric filter and a wet scrubber to comply with the emission limits under 9VAC5

- 40

- 6020 through 9VAC5

- 40

- 6100 shall petition the board for other
site

- specific operating param eters to be established during the initial emissions test and continuously monitored thereafter. The owner shall not conduct the initial emissions test until after the petition has been approved by the board. K. The owner of an affected facility may condu ct a repeat emissions test at any time to establish newvalues for the operating parameters. The board may request a repeat emissions test at any time. L. Small, rural HMIWIs subject to the emission limits under 9VAC5

- 40

- 6020 through 9VAC5

- 40

- 6100 shall m eet the following compliance and emissions testing requirements: 1. Conduct the emissions testing requirements in subdivisions C 1 through 9, C 11 (mercury only), and D 1 of this section. The 2,000 lb/week limitation under 9VAC5

- 40

- 6010 does not apply dur ing
emissions tests. 2. Establish maximum charge rate and minimum secondary chamber temperature as site

- specific operating parameters during the initial emissions test to determine compliance with applicable
emission limits. 3. Following the date on whic h the initial emissions test is completed or is required to be completed under subsection C of this section, whichever date comes first, ensure that the affected facility does not operate above the maximum charge rate or below the minimum secondary chamber temperature measured as three

- hour rolling averages (calculated each hour as the average of the previous three operating hours) at all times except during periods of startup, shutdown and malfunction. Operating parameter limits do not apply during emissio ns tests. Operation above the maximum charge rate or below the minimum secondary chamber temperature shall constitute a violation of the established operating parameters. 4. Except as provided in subdivision C 5 of this section, operation of the affected facility above the maximum charge rate and below the minimum secondary chamber temperature (each measured on a
three

- hour rolling average) simultaneously shall constitute a violation of the particulate matter, carbon monoxide, and dioxin/furan emission limits. 5. The owner of an affected facility may conduct a repeat emissions test within 30 days of violation of applicable operating parameters to demonstrate that the affected facility is not in violation of the applicable emission limits. Repea t emissions tests conducted pursuant to this subsection must be conducted using the identical operating parameters that indicated a violation under subdivision 4 of
this subsection.M. Owners of affected facilities shall perform monitoring as follows, exc ept as provided for under subsection N of this section: 1. The owner of an affected facility shall install, calibrate (to manufacturers' specifications), maintain, and operate devices (or establish methods) for monitoring the applicable maximum and minimu m operating parameters listed in Table 4

- 44B of this article such that these devices (or methods) measure and record values for these operating parameters at the frequencies indicated in Table 4

- 44B of this article at all times except during periods of sta rtup and shutdown. 2. The owner of an affected facility shall install, calibrate (to manufacturers' specifications), maintain, and operate a device or method for measuring the use of the bypass stack including date, time, and
duration. 3. The owner of an affected facility using something other than a dry scrubber followed by a fabric filter, a wet scrubber, or a dry scrubber followed by a fabric filter and a wet scrubber to comply with the emission limits under 9VAC5

- 40

- 6020 through 9VAC 5

- 40

- 6100 shall install, calibrate (to the manufacturers' specifications), maintain, and operate the equipment necessary to monitor the site

specific operating parameters developed pursuant to subsection J of this section.
4. The owner of an affected faci lity shall obtain monitoring data at all times during HMIWI operation except during periods of monitoring equipment malfunction, calibration, or repair. At a minimum, valid monitoring data shall be obtained for 75% of the operating hours per day for 90% of the operating days per calendar quarter that the affected facility is combusting hospital waste and medical/infectious waste or both. N. Small, rural HMIWI subject to the emission limits under 9VAC5

- 40

- 6020 through 9VAC5

- 40

- 6100 shall meet the following monitoring requirements: 1. Install, calibrate (to manufacturers' specifications), maintain, and operate a device for measuring and recording the temperature of the secondary chamber on a continuous basis, the output of which shall be recorded, at a minim um, once every minute throughout operation.2. Install, calibrate (to manufacturers' specifications), maintain, and operate a device which

automatically measures and records the date, time, and weight of each charge fed into the HMIWI.
3. The owner of an affected facility shall obtain monitoring data at all times during HMIWI operation except during periods of monitoring equipment malfunction, calibration, or repair. At a minimum, valid monitoring data shall be obtained for 75% of the operating hours per day for 90% of the operating hours per calendar quarter that the affected facility is combusting hospital waste and medical/infectious waste or both. Statutory Authority § 10.1

- 1308 of the Code of Virginia and 40 CFR Parts 51 and 60.
Historical Notes
D erived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; Errata, 16:19 VA.R. 2399 June 5, 2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003.
9VAC5
- 40
- 6190. Recordkeeping and reporting. A. The provisions of governing rec ordkeeping and reporting shall be as follows: 1. With regard to the emissions standards in 9VAC5

- 40

- 6120, 9VAC5

- 40

- 6130, and 9VAC5

- 40

- 6140, the provisions of 9VAC5

- 40

- 50 (Notification, records and reporting) apply. 2. With regard to the emission limits i n 9VAC5

- 40

- 6020 through 9VAC5

- 40

- 6110, the following provisions apply:
a. 9VAC5

- 40

- 50 F and H.
b. 40 CFR 60.7. c. Subsections B through G of this section. B. The owner of an affected facility shall maintain the following information (as applicable) for a period of at least five years: 1. Calendar date of each record;2. Records of the following data:

a. Concentrations of any pollutant listed in 9VAC5

- 40

- 6020 through 9VAC5

- 40

- 6100 or measurements of opacity as determined by the continuous emission mon itoring system (if applicable); b. HMIWI charge dates, times, and weights and hourly charge rates; c. Fabric filter inlet temperatures during each minute of operation, as applicable; d. Amount and type of dioxin/furan sorbent used during each hour of op eration, as applicable; e. Amount and type of mercury sorbent used during each hour of operation, as applicable; f. Amount and type of hydrogen chloride sorbent used during each hour of operation, as applicable; g. Secondary chamber temperatures recorded during each minute of operation; h. Liquor flow rate to the wet scrubber inlet during each minute of operation, as applicable; i. Horsepower or amperage to the wet scrubber during each minute of operation, as ap plicable; j. Pressure drop across the wet scrubber system during each minute of operation, as applicable; k. Temperature at the outlet from the wet scrubber during each minute of operation, as applicable; l. pH at the inlet to the wet scrubber during ea ch minute of operation, as applicable; m. Records indicating use of the bypass stack, including dates, times, and durations; and n. For affected facilities complying with 9VAC5

- 40

- 6180 J and 9VAC5

- 40

- 6180 M 3, the owner shall maintain all operating param eter data collected. 3. Identification of calendar days for which data on emission rates or operating parameters specified under subdivision 2 of this subsection have not been obtained, with an identification of the emission rates or operating parameters not measured, reasons for not obtaining the data, and a description of
corrective actions taken. 4. Identification of calendar days, times and durations of malfunctions, a description of themalfunction and the corrective action taken.

5. Identification of calendar days for which data on emission rates or operating parameters specified under subdivision 2 of this subsection exceeded the applicable limits, with a description of the exceedances, reasons for such exceedances, and a description of corrective actions taken. 6. The results of the initial, annual, and any subsequent emissions tests conducted to determine compliance with the emission limits or to establish operating parameters, as applicable. 7. Records showing the names of HMIWI operators who h ave completed review of the information in 9VAC5

- 40

- 6150 H as required by 9VAC5

- 40

- 6150 I, including the date of the initial review and all subsequent annual reviews. 8. Records showing the names of the HMIWI operators who have completed the HMIWI operato r training requirements, including documentation of training and the dates of the training. 9. Records showing the names of the HMIWI operators who have met the criteria for qualification under 9VAC5

- 40

- 6150 and the dates of their qualification.
10. Reco rds of calibration of any monitoring devices as required under 9VAC5

- 40

- 6180 M 1, 2 and 3. C. The owner of an affected facility shall submit the information specified in this subsection no later than 60 days following the initial emissions test. All repor ts shall be signed by the facilities manager.
1. The initial emissions test data as recorded under 9VAC5

- 40

- 6180 C 1 through 11, as applicable.
2. The values for the site

- specific operating parameters established pursuant to 9VAC5

- 40

- 6180 E or J, as appl icable. 3. The waste management plan as specified in 9VAC5

- 40

- 6150. D. An annual report shall be submitted one year following the submission of the information in subsection C of this section and subsequent reports shall be submitted no more than 12 mont hs following the previous report (once the unit is subject to a federal operating permit as provided in 9VAC5

- 40

- 6000 F, the owner of an affected facility must submit these reports semiannually). The annual report shall include the information specified in this subsection. All reports shall be signed by the facilities manager.1. The values for the site

- specific operating parameters established pursuant to 9VAC5

- 40

- 6180 E or

J, as applicable. 2. The highest maximum operating parameter and the lowest minim um operating parameter, as applicable, for each operating parameter recorded for the calendar year being reported, pursuant to 9VAC5

- 40

- 6180 E or J, as applicable. 3. The highest maximum operating parameter and the lowest minimum operating parameter, as

a pplicable for each operating parameter recorded pursuant to 9VAC5

- 40

- 6180 E or J for the calendar year preceding the year being reported, in order to provide the board with a summary of the performance of the affected facility over a two

- year period.
4. A ny information recorded under subdivisions B 3 through 5 of this section for the calendar year being reported. 5. Any information recorded under subdivisions B 3 through 5 of this section for the calendar year preceding the year being reported, in order to provide the board with a summary of the performance of the affected facility over a two

- year period. 6. If an emissions test was conducted during the reporting period, the results of that test. 7. If no exceedances or malfunctions were reported under subdivisions B 3 through 5 of this section for the calendar year being reported, a statement that no exceedances occurred during the reporting period. 8. Any use of the bypass stack, the duration, reason for malfunction, and corrective action taken. E. The owner of an affected facility shall submit semiannual reports containing any information recorded under subdivisions B 3 through 5 of this section no later than 60 days following the reporting period. The first semiannual reporting period ends six months following the submission of information in subsection C of this section. Subsequent reports shall be submitted no later than six calendar months following the previous report. All reports shall be signed by the facilities manager.
F. All records s pecified under subsection B of this section shall be maintained onsite in either paper copyor computer

- readable format, unless an alternative format is approved by the board. G. The owner of each small, rural HMIWI shall:
1. Maintain records of the annu al equipment inspections, any required maintenance, and any repairs not completed within 10 days of an inspection or the timeframe established by the board; and 2. Submit an annual report containing information recorded under subdivision 1 of this subsect ion no later than 60 days following the year in which data were collected. Subsequent reports shall be sent no later than 12 calendar months following the previous report (once the unit is subject to a federal operating permit as provided in 9VAC5

- 40

- 6000 F, the owner must submit these reports semiannually). The report shall be signed by the facilities manager. Statutory Authority § 10.1

- 1308 of the Code of Virginia and 40 CFR Parts 51 and 60.
Historical Notes Derived from Virginia Register Volume 16, I ssue 17, eff. July 1, 2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003.
9VAC5
- 40
- 6200. Compliance schedules. A. Except as provided in subsection B of this section, owners shall: 1. Comply with the emission limits in this article a s expeditiously as possible but in no case later than July 1, 2001, and 2. Conduct the initial emissions test of the air pollution control device no later than December 27,
2001. B. Until January 1, 2001, owners of affected facilities may petition the bo ard for an extension to the compliance date in subsection A of this section. This petition shall include the following: 1. Documentation of the analyses undertaken to support the need for an extension, including an explanation of why until September 15, 2 002, is needed to comply with this article while compliance by July 1, 2001, is not feasible. The documentation shall also include an evaluation of the option totransport the waste offsite to a commercial medical waste treatment and disposal facility on a

temporary or permanent basis; and 2. Documentation of measurable and enforceable incremental steps of progress to be taken towards compliance with the emission guidelines, including: a. If applicable, date for submitting a petition for site

- specific ope rating parameters under 40 CFR 60.56c(i); b. Date for submittal of the control plan; c. Date for obtaining services of an architectural and engineering firm regarding the air pollution control device(s); d. Date for obtaining design drawings of the air pollution control device(s); e. Date for ordering the air pollution control device(s); f. Date for obtaining the major components of the air pollution control device(s); g. Date for initiation of site preparation for installation of the air pollution control device(s); h. Date for initiation of installation of the air pollution control device(s); i. Date for initial startup of the air pollution control device(s); j. Date for initial emissions test(s) of the air pollution control device(s); and k. Date for final compliance. Statutory Authority § 10.1

- 1308 of the Code of Virginia.
Historical Notes Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000.
9VAC5
- 40
- 6210. Registration. The provisions of 9VAC5

- 20

- 16 0 (Registration) apply. Statutory Authority§ 10.1

- 1308 of the Code of Virginia.
Historical Notes Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000.
9VAC5
- 40
- 6220. Facility and control equipment maintenance or malfunction. The pro visions governing facility and control equipment maintenance or malfunction shall be as follows: 1. With regard to the emissions standards in 9VAC5

- 40

- 6120, 9VAC5

- 40

- 6130, and 9VAC5

- 40

- 6140, the provisions of 9VAC5

- 20

- 180 (Facility and control equipment m aintenance or malfunction) apply. 2. With regard to the emission limits in 9VAC5

- 40

- 6020 through 9VAC5

- 40

- 6110, the following provisions apply:
a. 9VAC5

- 20

- 180 A, B, C, D, H, and I.
b. 9VAC5

- 40

- 6180 B.
c. 9VAC5

- 40

- 6190 B 4, 7 and 8. Statutory Authorit y § 10.1

- 1308 of the Code of Virginia.
Historical Notes Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003.
9VAC5
- 40
- 6230. Permits. A permit may be required prior to beginning any of the activities specified below if the provisions of 9VAC5 Chapter 50 (9VAC5

- 50

- 10 et seq.) and 9VAC5 Chapter 80 (9VAC5

- 80

- 10 et seq.) apply. Owners contemplating such action should review those provisions and contact the appropriate regional office for guidance on whether those provisions apply. 1. Construction of a facility. 2. Reconstruction (replacement of more than half) of a facility.3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility. 5. Reactivation (restart

- up) of a facility. 6. Operation of a facility. Statutory Authority § 10.1

- 1308 of the Code of Virginia.
Historical Notes Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000.
A rticle 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 affected facilities to which the provisions of this article apply are commercial/industrial solid waste incinerator (CISWI) units that commenced construction on or before November 30, 1999. B. The provisions of this article apply throughout the Commonwealth of Virginia. C. Exempted from the provisions of this article are the following: 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

w aste, 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 che motherapeutic 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 basisand 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) p er 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 qualifie s 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 meet s 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 prod uce 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. Requ ired 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 primar y 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 m aterials 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 type s 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 p roduce 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 t o 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, highlig hting 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 proces s. (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 chemic al 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 uni t 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 c hemical 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, at which point the CISWI unit becomes subject to s ubpart 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 a pply 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. 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 s ubdivision C 7 of this section with regard to obtaining a permit under § 3005 of the Solid Waste Disposal Act (42 USC § 6901 et seq.) may be met by obtaining a permit from the department as required by 9VAC20 Chapter 60. Statutory Authority § 10.1

- 1308 o f the Code of Virginia.
Historical Notes Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003.
9VAC5
- 40
- 6260. Definitions. A. For the purpose of applying this article in the context of the Regulations for the Control and Abatementof 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 giv en them in 9VAC5 Chapter 10, unless otherwise required by context.
C. Terms defined. "Agricultural waste" means vegetative agricultural materials such as nut and grain hulls and chaff (e.g., almond, walnut, peanut, rice, and wheat), bagasse, orchard prun ings, 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 m onitoring 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
tra nsmittance, 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 De cember 31. "Chemotherapeutic waste" means waste material resulting from the production or use of antineoplasticagents 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 app licable) 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 transfer s 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 th at 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 rec overy 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 th at 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" mea ns any instance in which an affected source subject to this article, or an owner of such asource:

1. Fails to meet any requirement or obligation established by this article, including but not limited to any emission limitation, operating limit, or operat or 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 per mit 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 stan dards 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 pollutioncontrol 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 ins talling 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 o n 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 d etermine 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

c ontained 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 amende d (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 alkalin e 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, institu tional, or industrial sources as part of maintaining yards or other private or public lands. 2. Construction, renovation, or demolition wastes.
3. Clean lumber. Statutory Authority § 10.1

- 1308 of the Code of Virginia.
Historical Notes Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003.
9VAC5
- 40
- 6270. Standard for particulate matter. No owner or other person shall cause or permit to be discharged into the atmosphere from any CISWI any particulate emissions in e xcess of 70 milligrams per dry standard cubic meter, measured at 7.0% oxygen, dry basis at standard conditions. Statutory Authority § 10.1

- 1308 of the Code of Virginia.
Historical Notes Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003.
9VAC5
- 40
- 6280. Standard for carbon monoxide. 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%

ox ygen, dry basis at standard conditions. Statutory Authority § 10.1

- 1308 of the Code of Virginia.Historical Notes Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003.
9VAC5
- 40
- 6290. Standard for dioxins/furans.
No owner or oth er 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.
S tatutory Authority § 10.1

- 1308 of the Code of Virginia.
Historical Notes Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003.
9VAC5
- 40
- 6300. Standard for hydrogen chloride. No owner or other person shall cause or permit to be d ischarged 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. Statutory Authority § 10.1

- 1308 of the Code of Virginia.
Historical Notes Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003.
9VAC5
- 40
- 6310. Standard for sulfur dioxide. 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. Statutory Authority § 10.1

- 1308 of the Code of Virginia.Historical No tes Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003.
9VAC5
- 40
- 6320. Standard for nitrogen oxides. 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. Statutory Authority § 10.1

- 1308 of the Code of Virginia.
Historical Notes Derived from Virginia Register Volume 19, Issue 24, eff. September 1 0, 2003.