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 apply 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 owner: 

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 owner 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 quarter 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 60.50c). 

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 obtaining 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, Virginia 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 have 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 HMIWI 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, immunizing, 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, such 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" means 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 purpose 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 requirement 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 waste, 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 refuse 
are 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 undertaken 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" means 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 to 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 pollution 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 pollution 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 representative 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, maintains 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 person 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, remains, 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 or 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; or 
c. 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 radioactive waste" means waste material which contains radioactive nuclides emitting 

primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or 

state standards for unrestricted release. Low-level radioactive waste is not high-level radioactive waste, 

spent nuclear fuel, or by-product material as defined by the Atomic Energy Act of 1954 (42 USC § 

2014(e)(2)). 

"Malfunction" means any sudden, infrequent, and not reasonably preventable failure of air pollution 

control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that 

are caused, in part, by poor maintenance or careless operation are not malfunctions. During periods of 

malfunction the HMIWI operator shall operate within 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 and 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 = PV X 15,000/8,500 
where: 

C = HMIWI capacity, lb/hr 

PV = primary chamber volume, ft3

15,000 = primary chamber heat release rate factor, Btu/ft3/hr 

8,500 = standard waste heating value, Btu/lb; 

2. For batch HMIWI, 

C = PV X 4.5/8 

where: 

C = HMIWI capacity, lb/hr 

PV = primary chamber volume, ft3

4.5 = waste density, lb/ft3

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 every 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 pertaining 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 interment 
or cremation; and 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 and 

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 parts 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 serum, 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), pasteur 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. Animal 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 pharmaceuticals. 
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 subdivisions 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 intermittent 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. 

"Minimum 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 test 
demonstrating 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. 

"Minimum 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 chloride 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 during 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 temperature (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 March 16, 1998, such that: 

1. The cumulative costs of the modifications, over the life of the unit, exceed 50% of the original cost 
of the construction and installation of the unit (not including the cost of any land purchased in 

connection with such construction 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 under § 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. 

"Operation" 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 chamber 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" means 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, shutdown 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 five 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 continuous 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 utilizes 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 Volume 
19, 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 Register 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) total 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 grains 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 Virginia 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 HMIWI: 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, Issue 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. 

No 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 

cubic 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 dry 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. 

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. 

9VAC5-40-6090. Standard for cadmium. 

No owner or other person shall cause or permit to be discharged into 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 grains 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 following limits: 

1. For small HMIWI: 0.24 grains per thousand dry standard cubic feet (0.55 milligrams per dry 
standard 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 thousand 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; amended, 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 provisions 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 average. 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 Volume 
19, 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, Virginia 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 Volume 
19, 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 operate 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 operators. 

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 operator 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 equipment 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 course 
with the minimum criteria described in subsection C of this section. 

H. The owner of an affected facility shall maintain documentation at the facility 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 malfunction 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 periodic 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 shall 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 and 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 

Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; amended, Virginia Register Volume 

19, Issue 17, eff. July 1, 2003. 

9VAC5-40-6160. Waste management plans. 

A. The owner of an affected facility shall prepare a waste management plan. The waste 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 include, 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 departments 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 already 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 American 
Hospital 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 under 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 inspection 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 gaskets 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 operating 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 operating 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 following 
provisions 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 to 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 determine 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. Reference 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: 

Cadj = Cmeas (20.9-7)/(20.9-% O2) 
where: 

Cadj = pollutant concentration adjusted to 7.0% oxygen; 

Cmeas = pollutant concentration measured on a dry basis; 

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

20.9 = oxygen concentration in air, percent; and 

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

6. Reference Method 5 or 29 be used to measure the particulate matter emissions. 

7. Reference Method 9 shall be used to measure stack 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 facility 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 Method 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 0.1
1,2,3,4,6,7,8-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 (% RHCl) is computed using the following 

formula: 

where: 

% RHCl = percentage reduction of hydrogen chloride emissions achieved; 

Ei = hydrogen chloride emission concentration measured at the control device inlet, corrected to 

7.0% oxygen (dry basis); and 

Eo = 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 the 
affected facility has selected the percentage reduction limits for metals under 9VAC5-40-6080, 

9VAC5-40-6090, or 9VAC5-40-6100, the percentage reduction in emissions (% Rmetal) is computed 

using the following formula: 

where: 

% Rmetal = percentage reduction of metal emission (lead, cadmium, or mercury) achieved; 

Ei = metal emission concentration (lead, cadmium, or mercury) measured at the control device 

inlet, corrected to 7.0% oxygen (dry basis); and 

Eo = 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, carbon 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 pollutant 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 

conducted 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 that 
pollutant for an additional two years. If any emissions test indicates 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 during 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 with 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 accordance 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 determine 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 X
MAXIMUM 

FABRIC FILTER 

INLET 

TEMPERATURE

CONTINUOUS 1 X MINUTEXX

MAXIMUM 

FLUE GAS 

TEMP

CONTINUOUS 1 X MINUTEXX

MINIMUM OPERATING PARAMETERS

MINIMUM 

SECONDARY 

CHAMBER 

TEMP

CONTINUOUS 1 X MINUTEXXX

MINIMUM 

DIOXIN/FURAN 

SORBENT 

FLOW RATE

HOURLY 1 X HOURXX

MINIMUM HCl 

SORBENT 

FLOW RATE

HOURLY 1 X HOURXX

MINIMUM Hg 

SORBENT 

FLOW RATE

HOURLY 1 X HOURXX

MINIMUM 

PRESSURE 

DROP ACROSS 

WET 

SCRUBBER OR 

MINIMUM 

HORSEPOWER 

OR AMPERAGE 

TO WET 

SCRUBBER

CONTINUOUS 1 X MINUTEXX

MINIMUM 

SCRUBBER 

LIQUOR FLOW 

RATE

CONTINUOUS 1 X MINUTEXX

MINIMUM 

SCRUBBER 

LIQUOR pH

CONTINUOUS 1 X MINUTEXX
2. 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 threehour 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 emissions tests. Operation above the established maximum or below the established 

minimum operating parameters 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 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 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 violation 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 violation 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 

violation 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. 

G. Except as 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 horsepower 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 

secondary 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 threehour rolling average) simultaneously shall constitute a violation of the dioxin/furan emission limit. 

4. 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 violation 

of the hydrogen chloride emission limit. 

5. Operation of the affected facility above the maximum flue gas temperature 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 constitute 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) 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 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 violation 

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 

violation 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 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. Repeat emissions tests conducted pursuant 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 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 9VAC5-40-6100 shall petition the board for other 

site-specific operating parameters 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 conduct a repeat emissions test at any time to establish new 
values 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 meet 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 during 

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 which 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 emissions 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. Repeat 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, except 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 minimum 

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 startup 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 9VAC5-40-6100 shall install, calibrate (to the 

manufacturers' specifications), maintain, and operate the equipment necessary to monitor the sitespecific operating parameters developed pursuant to subsection J of this section. 

4. 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 

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 minimum, 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 

Derived from Virginia Register Volume 16, Issue 17, eff. July 1, 2000; Errata, 16:19 VA.R. 2399 June 5, 

2000; amended, Virginia Register Volume 19, Issue 17, eff. July 1, 2003. 

9VAC5-40-6190. Recordkeeping and reporting. 

A. The provisions of governing recordkeeping 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 in 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 monitoring 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 operation, 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 applicable; 

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 each 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 parameter 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 the 
malfunction 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 have 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 operator 

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. Records 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 reports 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 applicable. 

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 months 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 minimum 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 

applicable 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. Any 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 specified under subsection B of this section shall be maintained onsite in either paper copy 
or 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 annual 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 subsection 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, Issue 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 as 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 board 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, 2002, 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 to 
transport 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 operating 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 9VAC5-20-160 (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 provisions 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 maintenance 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 Authority 

§ 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. 

Article 45 

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

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

A. Except as provided in subsections C and D of this section, the 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 

waste, low-level radioactive waste, or chemotherapeutic waste if the owner: 

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

b. Keeps records on a calendar quarter basis of the weight of pathological waste, low-level 

radioactive waste, or chemotherapeutic waste burned, and the weight of all other fuels and wastes 

burned in the unit. 

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

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

b. Keeps records on a calendar quarter basis of the weight of agricultural waste burned, and the 

weight of all other fuels and wastes burned in the unit. 

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

a. Are regulated under subparts Ea, Eb, or AAAA of 40 CFR Part 60 or Article 46 (9VAC5-40-6550 

et seq.) or Article 54 (9VAC5-40-7950 et seq.) of Part II of 9VAC5 Chapter 40. 

b. Burn greater than 30% municipal solid waste or refuse-derived fuel, as defined in Subparts Ea, 

Eb and AAAA of 40 CFR Part 60, and Article 46 (9VAC5-40-6550 et seq.) of Part II of 9VAC5 

Chapter 40, and have the capacity to burn less than 35 tons (32 megagrams) per day of municipal 

solid waste or refuse-derived fuel, if the owner: 

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

(2) Keeps records on a calendar quarter basis of the weight of municipal solid waste burned, and 

the weight of all other fuels and wastes burned in the unit. 

4. Medical waste incineration units regulated under subpart Ec of 40 CFR Part 60 or Article 44 

(9VAC5-40-6000 et seq.) of Part II of 9VAC5 Chapter 40. 

5. Small power production facility units if: 

a. The unit qualifies as a small power-production facility under § 3(17)(C) of the Federal Power Act 

(16 USC § 796(17)(C)); 

b. The unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity; 

and 

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

6. Cogeneration facility units if: 

a. The unit qualifies as a cogeneration facility under § 3(18)(B) of the Federal Power Act (16 USC 

§ 796(18)(B)); 
b. The unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity 

and steam or other forms of energy used for industrial, commercial, heating, or cooling purposes; 

and 

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

7. Hazardous waste combustion units that are either: 

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

seq.); or 

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

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

primary and secondary smelters. 

9. Air curtain incinerators that burn only (i) 100% wood waste, (ii) 100% clean lumber or (iii) 100% 

mixture of only any combination of wood waste, clean lumber, or yard waste shall meet the 

requirements under 9VAC5-40-6490. 

10. Cyclonic barrel burners. 

11. Rack, part, and drum reclamation units. 

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

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

14. Chemical recovery units burning materials to recover chemical constituents or to produce 

chemical compounds where there is an existing commercial market for such recovered chemical 

constituents or compounds. 

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

considered chemical recovery units. 

(1) Units burning only pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor 

recovery process and reused in the pulping process. 

(2) Units burning only spent sulfuric acid used to produce virgin sulfuric acid. 
(3) Units burning only wood or coal feedstock for the production of charcoal. 

(4) Units burning only manufacturing byproduct streams or residues or both containing catalyst 

metals that are reclaimed and reused as catalysts or used to produce commercial grade catalysts. 

(5) Units burning only coke to produce purified carbon monoxide that is used as an intermediate in 

the production of other chemical compounds. 

(6) Units burning only hydrocarbon liquids or solids to produce hydrogen, carbon monoxide, 

synthesis gas, or other gases for use in other manufacturing processes. 

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

b. If a chemical recovery unit is not listed in subdivision 14 a of this subsection, the owner of the 

unit may petition the board to add the unit to the list. The petition shall contain the following: 

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

(2) A description of the composition of the materials being burned, highlighting the chemical 

constituents in these materials that are recovered. 

(3) A description (including a process flow diagram) of the process in which the materials are 

burned, highlighting the type, design, and operation of the equipment used in this process. 

(4) A description (including a process flow diagram) of the chemical constituent recovery process, 

highlighting the type, design, and operation of the equipment used in this process. 

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

(6) The composition of the recovered chemical constituents and the composition of these chemical 

constituents as they are bought and sold in commercial markets. 

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

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

to the list of chemical recovery units. 

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

analysis. 
D. The provisions of this article do not apply to a CISWI unit if the owner makes changes that meet the 

definition of modification or reconstruction on or after June 1, 2001, at which point the CISWI unit becomes 

subject to subpart CCCC of 40 CFR Part 60. 

E. If the owner makes physical or operational changes to an existing CISWI unit primarily to comply with 

this article, subpart CCCC of 40 CFR Part 60 does not apply to that unit. Such changes do not qualify as 

modifications or reconstructions under subpart CCCC of 40 CFR Part 60. 

F. Each owner shall submit an application for a federal operating permit no later than December 1, 2003. 

If the unit is subject to the federal operating permit program as a result of some triggering requirements 

other than this article (for example, being a major source), then the unit may be required to apply for and 

obtain a federal operating permit prior to the deadline in this subsection. If more than one requirement 

triggers the requirement to apply for a federal operating permit, the 12-month timeframe for filing a permit 

application is triggered by the requirement that first causes the source to be subject to the federal operating 

permit program. 

G. The provisions of 40 CFR Part 60 and Part 63 cited in this article are applicable only to the extent that 

they are incorporated by reference in Article 5 (9VAC5-50-400 et seq.) of Part II of 9VAC5 Chapter 50 and 

Article 2 (9VAC5-60-90 et seq.) of Part II of 9VAC5 Chapter 60. 

H. The requirement of subdivision C 7 of this section 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 of 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 Abatement 
of Air Pollution and related uses, the words or terms shall have the meanings given them in subsection C of 

this section. 

B. As used in this article, all terms not defined herein shall have the meanings given them in 9VAC5 

Chapter 10, 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 prunings, corn stalks, coffee bean hulls and 

grounds, and other vegetative waste materials generated as a result of agricultural operations. 

"Air curtain incinerator" means an incinerator that operates by forcefully projecting a curtain of air across 

an open chamber or pit in which combustion occurs. Incinerators of this type can be constructed above or 

below ground and with or without refractory walls and floor. Air curtain incinerators are not to be confused 

with conventional combustion devices with enclosed fireboxes and controlled air technology such as mass 

burn, modular, and fluidized bed combustors. 

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

"Bag leak detection system" means an instrument that is capable of monitoring particulate matter 

loadings in the exhaust of a fabric filter (i.e., baghouse) in order to detect bag failures. A bag leak detection 

system includes, but is not limited to, an instrument that operates on triboelectric, light scattering, light 

transmittance, or other principle to monitor relative particulate matter loadings. 

"Baseline compliance date" means the earlier of (i) December 1, 2003, or (ii) the date of publication of 

the CISWI federal plan (Subpart III of 40 CFR Part 62) in the Federal Register. 

"Calendar quarter" means three consecutive months, not overlapping, beginning on January 1, April 1, 

July 1, or October 1. 

"Calendar year" means 365 consecutive days (or 366 consecutive days in leap years) starting on 

January 1 and ending on December 31. 

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

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

and kiln-dried wood products. Clean lumber does not include wood products that have been painted, 

pigment-stained, or pressure-treated by compounds such as chromate copper arsenate, pentachlorophenol, 

and creosote.

"Commercial and industrial solid waste incineration (CISWI) unit" means any combustion device that 

combusts commercial and industrial waste, as defined in this section. The boundaries of a CISWI unit are 

defined as, but not limited to, the commercial or industrial solid waste fuel feed system, grate system, flue 

gas system, and bottom ash. The CISWI unit does not include air pollution control equipment or the stack. 

The CISWI unit boundary starts at the commercial and industrial solid waste hopper (if applicable) and 

extends through two areas: 

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

2. The combustion unit bottom ash system, which ends at the truck loading station or similar 

equipment that transfers the ash to final disposal. It includes all ash handling systems connected to 

the bottom ash handling system. 

"Commercial and industrial waste" means solid waste combusted in an enclosed device using controlled 

flame combustion without energy recovery that is a distinct operating unit of any commercial or industrial 

facility (including field-erected, modular, and custom-built incineration units operating with starved or excess 

air), or solid waste combusted in an air curtain incinerator without energy recovery that is a distinct operating 

unit of any commercial or industrial facility. 

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

"Cyclonic barrel burner" means a combustion device for waste materials that is attached to a 55 gallon, 

open-head drum. The device consists of a lid, which fits onto and encloses the drum, and a blower that 

forces combustion air into the drum in a cyclonic manner to enhance the mixing of waste material and air. 

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

1. Fails to meet any requirement or obligation established by this article, including but not limited to 

any emission limitation, operating limit, or operator qualification and accessibility requirements; 

2. Fails to meet any term or condition that is adopted to implement an applicable requirement in this 

article and that is included in the federal operating permit for any affected source required to obtain 

such a permit; or 

3. Fails to meet any emission limitation, operating limit, or operator qualification and accessibility 

requirement in this article during startup, shutdown, or malfunction, regardless of whether such failure 

is permitted by this article.

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

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

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

drums can be reused. 

"Energy recovery" means the process of recovering thermal energy from combustion for useful purposes 

such as steam generation or process heating. 

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

(9VAC5-80-360 et seq.) of Part II of 9VAC5 Chapter 80. 

"Fabric filter" means an add-on air pollution control device used to capture particulate matter by filtering 

gas streams through filter media (e.g., baghouse). 

"Low-level radioactive waste" means waste material which contains radioactive nuclides emitting 

primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or 

state standards for unrestricted release. Low-level radioactive waste is not high-level radioactive waste, 

spent nuclear fuel, or by-product material as defined by the Atomic Energy Act of 1954 (42 USC § 

2014(e)(2)). 

"Malfunction" means any sudden, infrequent, and not reasonably preventable failure of air pollution 
control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that 

are caused, in part, by poor maintenance or careless operation are not malfunctions. 

"Modification" or "modified CISWI unit" means a CISWI unit that has been changed later than June 1, 

2001, and that meets one of the following criteria: 

1. The cumulative cost of the changes over the life of the unit exceeds 50% of the original cost of 

building and installing the CISWI unit (not including the cost of land) updated to current costs (current 

dollars). To determine what systems are within the boundary of the CISWI unit used to calculate 

these costs, see the definition of CISWI unit. 

2. Any physical change in the CISWI unit or change in the method of operating it that increases the 

amount of any air pollutant emitted for which § 129 or § 111 of the Clean Air Act has established 

standards. 

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

can be reconditioned and reused. 

"Particulate matter" means total particulate matter emitted from CISWI units as measured by Reference 

Method 5 or 29. 

"Pathological waste" means waste material consisting of only human or animal remains, anatomical 

parts, anatomical tissue, the bags and containers used to collect and transport the waste material, and 

animal bedding (if applicable). 

"Rack reclamation unit" means a unit that burns the coatings off of racks that are used to hold small 

items for application of a coating. The unit burns the coating overspray off of the rack so the rack can be 

reused. 

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

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

2. The cumulative cost of the construction over the life of the incineration unit exceeds 50% of the 

original cost of building and installing the CISWI unit (not including land) updated to current costs 
(current dollars). To determine what systems are within the boundary of the CISWI unit used to 

calculate these costs, see the definition of CISWI unit. 

"Refuse-derived fuel" means a type of municipal solid waste produced by processing municipal solid 

waste through shredding and size classification. This includes all classes of refuse-derived fuel, including (i) 

low-density fluff refuse-derived fuel through densified refuse-derived fuel and (ii) pelletized refuse-derived 

fuel. 

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

"Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment 

plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or 

contained gaseous material resulting from industrial, commercial, mining, agricultural operations, and from 

community activities, but does not include solid or dissolved material in domestic sewage, or solid or 

dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits 

under § 402 of the Federal Water Pollution Control Act, as amended (33 USC § 1342), or source, special 

nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended (42 USC § 2014). 

For purposes of this article, solid waste does not include the waste burned in the units described in 9VAC5-

40-6250 C. 

"Standard conditions" means, when referring to units of measure, a temperature of 68 degrees 

Fahrenheit (20°C) and a pressure of 1 atmosphere (101.3 kilopascals). 

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

unit. 

"Wet scrubber" means an add-on air pollution control device that utilizes an aqueous or alkaline 

scrubbing liquor to collect particulate matter (including nonvaporous metals and condensed organics), or to 

absorb and neutralize acid gases, or both. 

"Wood waste" means untreated wood and untreated wood products, including tree stumps (whole or 

chipped), trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. 
Wood waste does not include: 

1. Grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs from residential, 

commercial/retail, institutional, or industrial sources as part of maintaining yards or other private or 

public lands. 

2. Construction, renovation, or demolition wastes. 

3. Clean lumber. 

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 excess 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% 

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. 

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

No owner or other person shall cause or permit to be discharged into the atmosphere from any CISWI 

any dioxin/furan emissions in excess of 0.41 nanograms per dry standard cubic meter (toxic equivalency 

basis), measured at 7.0% oxygen, dry basis at standard conditions. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003. 

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

No owner or other person shall cause or permit to be discharged into the atmosphere from any CISWI 

any hydrogen chloride emissions in excess of 62 parts per million by dry volume, measured at 7.0% oxygen, 

dry basis at standard conditions. 

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 Notes 

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 10, 2003.