Douglas W. Domenech 

Secretary of Natural Resources 

COMMONWEALTH a/VIRGINIA 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Street address: 629 East Main Street, Richmond, Virginia 23219 

Mailing address: P.O. Box 1105, Richmond, Virginia 23218 

TDD (804) 698-4021 

www.deq.virginia.gov 

MAR 1 6 ZOl2 

Ms_ Diana Esher, Director 

Air Protection Division (3APOO) 

u.s. Environmental Protection Agency, Region III 

1650 Arch Street 

Philadelphia, PelUlsylvania 19103·2029 

David K. Paylor 

Director 

(804) 698-4000 

1-800-592-5482 

Reference: Waste Citation Update, 

Revision D 11 c 

Dear Ms. Esher: 

Pursuant to the requirements of § 110 of the Clean Air Act, we are officially requesting 

approval of a revision to the Commonwealth of Virginia State Implementation Plan approved 

and submitted under the authority of § 10.1·1 185 of the Code of Virginia and in accordance with 

the requirements of 40 CFR Part 51 (Requirements for Preparation, Adoption, and Submittal of 

Implementation Plans). 

This revision consists of updated regulatory citations in various regulations of the State 

Air Pollution Control Board in order to accurately reflect changes made by the Virginia Waste 

Management Board to the Solid Waste Management Regulations (9VAC5-20-81). The 

regulation amendments were adopted by the State Air Pollution Control Board on June 10, 2011 

under the authority of § 10.1-1308 of the Code of Virginia. 

Enclosed are the following: 

1. A true copy of the official regulation amendments (Revision D 11) which were 

published in the Virginia Register on July 18,2011 after being duly adopted by 

the State Air Pollution Control Board on June 10, 2011, certified by the Office of 

the Attorney General as within the board's statutory authority on June 16, 2011, 

and thus fully enforceable under Virginia law, and submitted to the Virginia 

Registrar on behalf of the board by the Department of Environmental Quality as a 
true and accurate copy of the duly adopted regulations on JWle 28, 2011, 

providing the evidence required by Section 2.1 (b) and (e) of Appendix V of 40 

CFR Part 51. 

2. Certification of public participation activities and compliance with state 

administrative procedures. 

3. Public participation record. 

4. An electronic copy of the complete submittal. This electronic copy is an exact 

duplicate of the hard copy. 

For purposes of this submittal, certain provisions are being included for information 

purposes only and are not to be construed as part of the Commonwealth of Virginia State 

Implementation Plan; these provisions are specifically identified in Enclosure 2 of this submittal. 

If you have any questions or need additioml information, please let us know . 

DKP\kgs 

TEMPLA TES\SJP-REG\REGOO 

SIP\NONATTN AREAS\2011\Dllc-SIP.DOC 

Enclosures 

. 

S' erely, .'}Q 

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David K. Paylor 
ENCLOSURE 1

COMMONWEALTH OF VIRGINIA

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION

PROVISIONS AFFECTED

REVISION D11

CONCERNING

WASTE CITATION UPDATE

(9VAC5 CHAPTERS 40, 50 AND 130)

Adoption Date: June 10, 2011

Effective Date: August 17, 2011

The following table lists the specific provisions of the attached regulations that will be 

used to implement the State Implementation Plan (SIP). Highlighted provisions are 

included for information purposes only and are not to be construed as part of the 

Commonwealth's SIP, nor are any provisions directly related to the highlighted 

provisions to be considered as part of the SIP. A copy of the actual regulation 

submitted for approval and incorporation by reference into the Virginia SIP is included 

in Enclosure 2; details concerning the specific provisions that are not to be included in 

the Virginia SIP are noted in this copy.

CHAPTER 40 EXISTING STATIONARY SOURCES

PART II Emission Standards

ARTICLE 43 MUNICIPAL SOLID WASTE LANDFILLS (Rule 4-43)

9VAC5-40-5810 Definitions (modified)

9VAC5-40-5820 Standard for air emissions (modified)

9VAC5-40-5850 Compliance (modified)

9VAC5-40-5880 Reporting (modified)

9VAC5-40-5920 Permits (modified)

CHAPTER 50 NEW AND MODIFIED STATIONARY SOURCES

PART II Emission Standards

ARTICLE 5 ENVIRONMENTAL PROTECTION AGENCY STANDARDS OF 
PERFORMANCE FOR NEW STATIONARY SOURCES (Rule 5-5)

9VAC5-50-420 Word or phrase substitutions (modified)

CHAPTER 130 REGULATION FOR OPEN BURNING

PART I General Provisions

9VAC5-130-20 Definitions (modified)

9VAC5-130-40 Permissible open burning (modified)

PART II Local Ordinances

9VAC5-130-100 Local ordinances on open burning (modified)

TEMPLATES\SIP-REG\REG01

SIP\NONATTN PLANS\2011\D11-SIP-1.DOC
COMMONWEALTH OF VIRGINIA PAGE 1 of 37

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-40, 50 AND 130)

9VAC5 CHAPTER 40.

EXISTING STATIONARY SOURCES.

PART II.

Emission Standards.

ARTICLE 43.

Emission Standards for Municipal Solid Waste Landfills (Rule 4-43)

9VAC5-40-5810. 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 meaning given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meaning given 

them in 9VAC5 Chapter 10 (9VAC5-10), unless otherwise required by context.

C. Terms defined.

"Active collection system" means a gas collection system that uses gas 

mover equipment.

"Active landfill" means a landfill in which solid waste is being placed or a 

landfill that is planned to accept waste in the future.

"CERCLA" means the federal Comprehensive Environmental Response, 

Compensation, and Liability Act (42 USC 9601 et seq.).

"Closed landfill" means a landfill in which solid waste is no longer being 

placed, and in which no additional solid wastes will be placed without first filing a 

notification of modification, as prescribed under 40 CFR 60.7(a)(4), with the board. 

Once a notification of modification has been filed, and additional solid waste is placed in 

the landfill, the landfill is no longer closed.

"Closure" means that point in time when a landfill becomes a closed 

landfill.

"Commenced" means that 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.

"Commercial waste" means all types of solid waste generated by stores, 

offices, restaurants, warehouses, and other nonmanufacturing activities, excluding 
COMMONWEALTH OF VIRGINIA PAGE 2 of 37

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-40, 50 AND 130)

construction, household, and industrial wastes.

"Construction" means fabrication, erection, or installation of an affected 

facility.

"Controlled landfill" means any landfill at which collection and control 

systems are required under this article as a result of the nonmethane organic 

compounds emission rate. The landfill is considered controlled at the time a collection 

and control system design plan is submitted in compliance with 9VAC5-40-5820 C 2 a.

"Design capacity" means the maximum amount of solid waste a landfill 

can accept, as indicated in terms of volume or mass in the most recent permit issued by 

the department under Part VII (9VAC20-80-480 et seq.) of 9VAC20 Chapter 80 (Solid 

Waste Management Regulations) Part V (9VAC20-81-400 et seq.) of the Solid Waste 

Management Regulations, plus any in-place waste not accounted for in the most recent 

permit, or as calculated using good engineering practices acceptable to the board. If 

the owner chooses to convert the design capacity from volume to mass or from mass to 

volume to demonstrate that its design capacity is less than (i) 1.0 million megagrams or 

1.0 million cubic meters in the Northern Virginia Volatile Organic Compound Emissions 

Control Area, or (ii) 2.5 million megagrams or 2.5 million cubic meters in the remaining 

areas of the Commonwealth, the calculation must include a site-specific density, which 

must be recalculated annually.

"Disposal facility" means all contiguous land and structures, other 

appurtenances, and improvements on the land used for the disposal of solid waste.

"Emission rate cutoff" means the threshold annual emission rate to which 

a landfill compares its estimated emission rate to determine if control under the 

regulation is required.

"Enclosed combustor" means an enclosed firebox which maintains a 

relatively constant limited peak temperature generally using a limited supply of 

combustion air. An enclosed flare is considered an enclosed combustor.

"Federal operating permit" means a permit issued under Article 1 (9VAC5-

80-50 et seq.) of Part II of 9VAC5 Chapter 80.

"Flare" means an open combustor without enclosure or shroud.

"Gas mover equipment" means the equipment (i.e., fan, blower, 

compressor) used to transport landfill gas through the header system.

"Household waste" mean any solid waste, including garbage, trash, and 

refuse, derived from households (including, but not limited to, single and multiple 

residences, hotels and motels, bunkhouses, ranger stations, crew quarters, 
COMMONWEALTH OF VIRGINIA PAGE 3 of 37

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-40, 50 AND 130)

campgrounds, picnic grounds and day-use recreational areas). For the purposes of 

determining capacity as required by 9VAC5-40-5820 and NMOC emission rates as 

required by 9VAC5-40-5860, household waste includes sanitary waste (septage) in 

septic tanks.

"Industrial solid waste" means any solid waste generated by 

manufacturing or industrial processes that is not a hazardous waste regulated under 

subtitle C (42 USC 6921 et seq.) of RCRA (as reflected in 40 CFR parts 264 and 265) 

and implemented by the department in 9VAC20 Chapter 60 (9VAC20-60-10 et seq., 

Hazardous Waste Management Regulations). Such waste may include, but is not 

limited to, waste resulting from the following manufacturing processes: electric power 

generation; fertilizer and agricultural chemicals; food and related products and 

byproducts; inorganic chemicals; iron and steel manufacturing; leather and leather 

products; nonferrous metals manufacturing and foundries; organic chemicals; plastics 

and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic 

products; stone, glass, clay, and concrete products; textile manufacturing; transportation 

equipment; and water treatment. This term does not include mining waste or oil and 

gas waste.

"Interior well" means any well or similar collection component located 

inside the perimeter of the landfill waste. A perimeter well located outside the landfilled 

waste is not an interior well.

"Landfill" means an area of land or an excavation in which wastes are 

placed for permanent disposal, and that is not a land application unit, surface 

impoundment, injection well, or waste pile as those terms are defined under 9VAC20-

80-10 9VAC20-81.

"Landfill gas" means any gas derived from the decomposition of organic 

waste deposited in an MSW landfill or from the evolution of volatile organic species in 

the waste. Emissions from MSW landfills is equivalent to landfill gas emissions.

"Lateral expansion" means a horizontal expansion of the waste 

boundaries of an existing MSW landfill. A lateral expansion is not a modification unless 

it results in an increase in the design capacity of the landfill.

"Modification" means an increase in the permitted volume design capacity 

of the landfill by either horizontal or vertical expansion based on its permitted design 

capacity as of May 30, 1991. Modification does not occur until the owner commences 

construction on the horizontal or vertical expansion.

"Municipal solid waste landfill" or "MSW landfill" means an entire disposal 

facility in a contiguous geographical space where household waste is placed in or on 

land. An MSW landfill may also receive other types of solid wastes regulated under 

subtitle D (42 USC 6941 et seq.) of RCRA (as reflected in 40 CFR 257.2) and 
COMMONWEALTH OF VIRGINIA PAGE 4 of 37

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-40, 50 AND 130)

implemented by the department in 9VAC20-80-250 9VAC20-81 (Solid Waste 

Management Regulations) such as commercial solid waste, nonhazardous sludge, 

conditionally exempt small quantity generator waste, and nonhazardous industrial solid 

waste. Portions of an MSW landfill may be separated by access roads. An MSW 

landfill may be publicly or privately owned. An MSW landfill may be a new MSW landfill, 

an existing MSW landfill, or a lateral expansion.

"Municipal solid waste landfill emissions" or "MSW landfill emissions" 

means gas generated by the decomposition of organic waste deposited in an MSW 

landfill or derived from the evolution of organic compounds in the waste.

"NMOC" means nonmethane organic compounds, as measured according 

to the provisions of 9VAC5-40-5860 B through E.

"Nondegradable waste" means any waste that does not decompose 

through chemical breakdown or microbiological activity. Examples include, but are not 

limited to, concrete, municipal waste combustor ash, and metals.

"Passive collection system" means a gas collection system that solely 

uses positive pressure within the landfill to move the gas rather than using gas mover 

equipment.

"RCRA" means the federal Resource Conservation and Recovery Act (42 

USC 6901 et seq.).

"Refuse" means trash, rubbish, garbage, and other forms of solid or liquid 

waste, including, but not limited to, wastes resulting from residential, agricultural, 

commercial, industrial, institutional, trade, construction, land clearing, forest 

management, and emergency operations.

"Sludge" means any solid, semi-solid, or liquid waste generated from a 

municipal, commercial, or industrial wastewater treatment plant, water supply treatment 

plant, or air pollution control facility exclusive of the treated effluent from a wastewater 

treatment plant.

"Solid waste" means any garbage, sludge from a wastewater 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, and 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 33 USC 1342, or source, special nuclear, or byproduct 

material as defined by the Atomic Energy Act of 1954 (42 USC 2011 et seq.). For more 

detail, see Part III (9VAC20-80-130 et seq.) of 9VAC20 Chapter 80 (Solid Waste 

Management Regulations) 9VAC20-81-95 of the Solid Waste Management Regulations.
COMMONWEALTH OF VIRGINIA PAGE 5 of 37

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-40, 50 AND 130)

"Sufficient density" means any number, spacing, and combination of 

collection system components, including vertical wells, horizontal collectors, and surface 

collectors, necessary to maintain emission and migration control as determined by 

measures of performance set forth in this part.

"Sufficient extraction rate" means a rate sufficient to maintain a negative 

pressure at all wellheads in the collection system without causing air infiltration, 

including any wellheads connected to the system as a result of expansion or excess 

surface emissions, for the life of the blower.

9VAC5-40-5820. Standard for air emissions.

A. This section shall apply to affected facilities that have accepted waste any 

time since November 8, 1987, or have additional design capacity available for future 

waste deposition, and meet the design capacity and emission rate applicability criteria in 

subdivisions A 1 or A 2 of this section.

1. For affected facilities located in the Northern Virginia Volatile Organic 

Compound Emissions Control Area as designated in 9VAC5-20-206:

a. A design capacity greater than or equal to 1.0 million megagrams 

and 1.0 million cubic meters; and

b. A nonmethane organic compound emission rate of 23 

megagrams per year or more as determined using test procedures under 9VAC5-40-

5860.

2. For affected facilities located in the remaining areas of the 

Commonwealth:

a. A design capacity greater than or equal to 2.5 million megagrams 

and 2.5 million cubic meters; and

b. A nonmethane organic compound emission rate of 50 

megagrams per year or more as determined using test procedures under 9VAC5-40-

5860.

B. Each owner of an MSW landfill having a design capacity less than (i) 1.0 

million megagrams or 1.0 million cubic meters in the Northern Virginia Volatile Organic 

Compound Emissions Control Area, or (ii) 2.5 million megagrams or 2.5 million cubic 

meters in the remaining areas of the Commonwealth, shall submit an initial design 

capacity report to the board as provided in 9VAC5-40-5880 C no later than June 30, 

1999. The landfill may calculate design capacity in either megagrams or cubic meters 

for comparison with the design capacity applicability criteria in subsection A of this 
COMMONWEALTH OF VIRGINIA PAGE 6 of 37

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-40, 50 AND 130)

section. Any density conversions shall be documented and submitted with the report. 

Submittal of the initial design capacity report shall fulfill the requirements of this article 

except as provided for in subdivisions B 1 and B 2 of this section.

1. The owner shall submit to the board an amended design capacity 

report, as provided for in 9VAC5-40-5880 C 3. If the design capacity increase is the 

result of a modification, as defined in 9VAC5-40-5810 C, that was commenced on or 

after May 30, 1991, the landfill is subject to the new source performance standard in 

Article 5 of 9VAC5 Chapter 50 (9VAC5-50-410) instead of this article. If the design 

capacity increase is the result of a change in operating practices, density, or some other 

change that is not a modification, the landfill remains subject to this article.

2. When an increase in the maximum design capacity of a landfill 

exempted from the provisions of 9VAC5-40-5820 C, 9VAC5-40-5822, 9VAC5-40-5824, 

9VAC5-40-5850, 9VAC5-40-5860, 9VAC5-40-5870, 9VAC5-40-5880, and 9VAC5-40-

5890 on the basis of the design capacity applicability criteria in subsection A of this 

section results in a revised maximum design capacity equal to or greater than (i) 1.0 

million megagrams or 1.0 million cubic meters in the Northern Virginia Volatile Organic 

Compound Emissions Control Area, or (ii) 2.5 million megagrams or 2.5 million cubic 

meters in the remaining areas of the Commonwealth, the owner shall comply with the 

provisions of subsection C of this section.

C. Each owner of an MSW landfill having a design capacity greater than or equal 

to (i) 1.0 million megagrams and 1.0 million cubic meters in the Northern Virginia 

Volatile Organic Compound Emissions Control Area, or (ii) 2.5 million megagrams and 

2.5 million cubic meters in the remaining areas of the Commonwealth shall either install 

a collection and control system as provided in subdivision C 2 of this section or 

calculate an initial NMOC emission rate for the landfill using the procedures specified in 

9VAC5-40-5860. The NMOC emission rate shall be recalculated annually, except as 

provided in 9VAC5-40-5880 D 1 b.

1. If the calculated NMOC emission rate is less than (i) 23 megagrams per 

year in the Northern Virginia Volatile Organic Compound Emissions Control Area, or (ii) 

50 megagrams per year in the remaining areas of the Commonwealth, the owner shall:

a. Submit an annual emission report to the board, except as 

provided for in 9VAC5-40-5880 D 1 b; and

b. Recalculate the NMOC emission rate annually using the 

procedures specified in 9VAC5-40-5860 B 1 until such time as the calculated NMOC 

emission rate is greater than or equal to (i) 23 megagrams per year in the Northern 

Virginia Volatile Organic Compound Emissions Control Area, or (ii) 50 megagrams per 

year in the remaining areas of the Commonwealth, or the landfill is closed.

(1) If the NMOC emission rate, upon initial calculation or 
COMMONWEALTH OF VIRGINIA PAGE 7 of 37

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-40, 50 AND 130)

annual recalculation required in subdivision C 1 b of this section, is greater than or 

equal to (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound 

Emissions Control Area, or (ii) 50 megagrams per year in the remaining areas of the 

Commonwealth, the owner shall install a collection and control system in compliance 

with subdivision C 2 of this section.

(2) If the landfill is permanently closed, a closure notification 

shall be submitted to the board as provided for in 9VAC5-40-5880 F.

2. If the calculated NMOC emission rate is greater than or equal to (i) 23 

megagrams per year in the Northern Virginia Volatile Organic Compound Emissions 

Control Area, or (ii) 50 megagrams per year in the remaining areas of the 

Commonwealth, the owner shall:

a. Submit a collection and control system design plan prepared by 

a professional engineer to the board within one year:

(1) The collection and control system as described in the 

plan shall meet the design requirements of subdivision C 2 b of this section.

(2) The collection and control system design plan shall 

include any alternatives to the operational standards, test methods, procedures, 

compliance measures, monitoring, recordkeeping or reporting provisions of 9VAC5-40-

5822, 9VAC5-40-5850, 9VAC5-40-5860, 9VAC5-40-5870, 9VAC5-40-5880, and 

9VAC5-40-5890 proposed by the owner.

(3) The collection and control system design plan shall either 

conform with specifications for active collection systems in 9VAC5-40-5824 or include a 

demonstration to the board's satisfaction of the sufficiency of the alternative provisions 

to 9VAC5-40-5824.

(4) The board will review the information submitted under 

subdivisions C 2 a (1), (2) and (3) of this section and either approve it, disapprove it, or 

request that additional information be submitted. Because of the many site-specific 

factors involved with landfill gas system design, alternative systems may be necessary. 

A wide variety of system designs are possible, such as vertical wells, combination 

horizontal and vertical collection systems, or horizontal trenches only, leachate 

collection components, and passive systems. All design plan changes shall be 

submitted to the board and may be implemented only upon approval of the board.

b. Install a collection and control system that captures the gas 

generated within the landfill as required by subdivisions C 2 b (1) or (2) of this section 

within 30 months after the first annual report in which the emission rate equals or 

exceeds (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound 

Emissions Control Area, or (ii) 50 megagrams per year in the remaining areas of the 
COMMONWEALTH OF VIRGINIA PAGE 8 of 37

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-40, 50 AND 130)

Commonwealth, unless Tier 2 or Tier 3 sampling demonstrates that the emission rate is 

less than (i) 23 megagrams per year in the Northern Virginia Volatile Organic 

Compound Emissions Control Area, or (ii) 50 megagrams per year in the remaining 

areas of the Commonwealth, as specified in 9VAC5-40-5880 E 1 or E 2.

(1) An active collection system shall:

(a) Be designed to handle the maximum expected gas 

flow rate from the entire area of the landfill that warrants control over the intended use 

period of the gas control or treatment system equipment;

(b) Collect gas from each area, cell, or group of cells 

in the landfill in which the initial solid waste has been placed for a period of:

1 Five years or more if active; or

2 Two years or more if closed or at final grade;

(c) Collect gas at a sufficient extraction rate;

(d) Be designed to minimize off-site migration of 

subsurface gas.

(2) A passive collection system shall:

(a) Comply with the provisions specified in 

subdivisions C 2 b (1) (a), (1) (b), and (1) (d) of this section.

(b) Be installed with liners on the bottom and all sides 

in all areas in which gas is to be collected. The liners shall be installed as required 

under 9VAC20-80-250 B 9VAC20-81-130.

c. Route all the collected gas to a control system that complies with 

the requirements in either subdivision C 2 c (1), (2) or (3) of this section.

(1) An open flare designed and operated in accordance with 

40 CFR 60.18;

(2) A control system designed and operated to reduce 

NMOC by 98 weight-percent, or, when an enclosed combustion device is used for 

control, to either reduce NMOC by 98 weight percent or reduce the outlet NMOC 

concentration to less than 20 parts per million by volume, dry basis as hexane at 3 

percent oxygen. The reduction efficiency or parts per million by volume shall be

established by an initial compliance test to be completed no later than 180 days after 

the initial startup of the approved control system using the test methods specified in 
COMMONWEALTH OF VIRGINIA PAGE 9 of 37

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-40, 50 AND 130)

9VAC5-40-5860 E.

(a) If a boiler or process heater is used as the control 

device, the landfill gas stream shall be introduced into the flame zone.

(b) The control device shall be operated within the 

parameter ranges established during the initial or most recent compliance test. The 

operating parameters to be monitored are specified in 9VAC5-40-5870.

(3) Route the collected gas to a treatment system that 

processes the collected gas for subsequent sale or use. All emissions from any 

atmospheric vent from the gas treatment system shall be subject to the requirements of 

subdivision C 2 c (1) or (2) of this section.

d. Operate the collection and control device installed to comply with 

this article in accordance with the provisions of 9VAC5-40-5822, 9VAC5-40-5850, and 

9VAC5-40-5870.

e. The collection and control system may be capped or removed 

provided that all the conditions of subdivisions C 2 e (1), (2), and (3) of this section are 

met:

(1) The landfill shall be a closed landfill as defined in 9VAC5-

40-5810 and under the requirements of 9VAC20-80-250 E 9VAC20-81-160. A closure 

report shall be submitted to the board as provided in 9VAC5-40-5880 F;

(2) The collection and control system shall have been in 

operation a minimum of 15 years; and

(3) Following the procedures specified in 9VAC5-40-5860 C,

the calculated NMOC gas produced by the landfill shall be less than (i) 23 megagrams 

per year in the Northern Virginia Volatile Organic Compound Emissions Control Area, or 

(ii) 50 megagrams per year in the remaining areas of the Commonwealth on three 

successive test dates. The test dates shall be no less than 90 days apart, and no more 

than 180 days apart.

D. When an MSW landfill subject to this article is closed, the owner is no longer 

subject to the requirement to maintain a federal operating permit for the landfill if the 

landfill is not otherwise subject to federal operating permit requirements if either of the 

following conditions are met:

1. The landfill was never subject to the requirement for a control system 

under 9VAC5-40-5820 C 2; or

2. The owner meets the conditions for control system removal specified in 
COMMONWEALTH OF VIRGINIA PAGE 10 of 37

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-40, 50 AND 130)

9VAC5-40-5820 C 2 e.

9VAC5-40-5850. Compliance.

A. The provisions of 9VAC5-40-20 (Compliance) apply.

B. Owners subject to 9VAC5-40-5820 shall comply with the provisions of Part V 

(9VAC20-80-240 et seq.) Part III (9VAC20-81-100 et seq.) of 9VAC20 Chapter 80 81

(Solid Waste Management Regulations) pertaining to the control of landfill gases.

C. Except as provided in 9VAC5-40-5820 C 2 a (2), the specified methods in 

subdivisions C 1 through C 6 of this section shall be used to determine whether the gas 

collection system is in compliance with 9VAC5-40-5820 C 2 b.

1. For the purposes of calculating the maximum expected gas generation 

flow rate from the landfill to determine compliance with 9VAC5-40-5820 C 2 b (1) (a), 

one of the following equations shall be used. The k and L0 kinetic factors should be 

those published in the "Compilation of Air Pollutant Emission Factors (AP-42)" (see 

9VAC5-20-21) or other site-specific values demonstrated to be appropriate and 

approved by the board. If k has been determined as specified in 9VAC5-40-5860 B 4, 

the value of k determined from the test shall be used. A value of no more than 15 years 

shall be used for the intended use period of the gas mover equipment. The active life of 

the landfill is the age of the landfill plus the estimated number of years until closure.

a. For sites with unknown year-to-year solid waste acceptance rate:

where

QM = maximum expected gas generation flow rate, cubic meters per year

L0 = methane generation potential, cubic meters per megagram solid 

waste

R = average annual acceptance rate, megagrams per year

k = methane generation rate constant, year-1

t = age of the landfill at equipment installation plus the time the owner 

intends to use the gas mover equipment or active life of the landfill, whichever is 

less. If the equipment is installed after closure, t is the age of the landfill at 

installation, years

c = time since closure, years (for an active landfill c = 0 and e-kc = 1)

b. For sites with known year-to-year solid waste acceptance rate:

Q = 2 L R( e - e ) -kc -kt

M 0
COMMONWEALTH OF VIRGINIA PAGE 11 of 37

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-40, 50 AND 130)

Q = 2 k L M ( e ) -k t 0 i

n

i=1

M i

Σ

where

QM = maximum expected gas generation flow rate, cubic meters per year

k = methane generation rate constant, year-1

L0 = methane generation potential, cubic meters per 

megagram solid waste

Mi = mass of solid waste in the ith section, megagrams

ti = age of the ith section, years

c. If a collection and control system has been installed, actual flow 

data may be used to project the maximum expected gas generation flow rate instead of, 

or in conjunction with, the equations in subdivisions C 1 a and b of this section. If the 

landfill is still accepting waste, the actual measured flow data will not equal the 

maximum expected gas generation rate, so calculations using the equations in 

subdivisions C 1 a or b of this section or other methods acceptable to the board shall be 

used to predict the maximum expected gas generation rate over the intended period of 

use of the gas control system equipment.

2. For the purposes of determining sufficient density of gas collectors for 

compliance with 9VAC5-40-5820 C 2 b (1) (b), the owner shall design a system of 

vertical wells, horizontal collectors, or other collection devices, acceptable to the board, 

capable of controlling and extracting gas from all portions of the landfill sufficient to 

meet all operational and performance standards.

3. For the purpose of demonstrating whether the gas collection system 

flow rate is sufficient to determine compliance with 9VAC5-40-5820 C 2 b (1) (c), the 

owner shall measure gauge pressure in the gas collection header at each individual 

well, monthly. If a positive pressure exists, action shall be initiated to correct the 

exceedance within five calendar days, except for the three conditions allowed under 

9VAC5-40-5822 A 2. If negative pressure cannot be achieved without excess air 

infiltration within 15 calendar days of the first measurement, the gas collection system 

shall be expanded to correct the exceedance within 120 days of the initial measurement 

of positive pressure. Any attempted corrective measure shall not cause exceedances of 

other operational or performance standards. An alternative timeline for correcting the 

exceedance may be submitted to the board for approval.

4. Owners are not required to expand the system as required in 

subdivision C 3 of this section during the first 180 days after gas collection system 

startup.

5. For the purpose of identifying whether excess air infiltration into the 

landfill is occurring, the owner shall monitor each well monthly for temperature and 

nitrogen or oxygen as provided in 9VAC5-40-5822 A 3. If a well exceeds one of these 
COMMONWEALTH OF VIRGINIA PAGE 12 of 37

STATE AIR POLLUTION CONTROL BOARD

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operating parameters, action shall be initiated to correct the exceedance within five 

calendar days. If correction of the exceedance cannot be achieved within 15 calendar 

days of the first measurement, the gas collection system shall be expanded to correct 

the exceedance within 120 days of the initial exceedance. Any attempted corrective 

measure shall not cause exceedances of other operational or performance standards. 

An alternative timeline for correcting the exceedance may be submitted to the board for 

approval.

6. An owner seeking to demonstrate compliance with 9VAC5-40-5820 C 2 

b (1) (d) through the use of a collection system not conforming to the specifications 

provided in 9VAC5-40-5824 shall provide information acceptable to the board as 

specified in 9VAC5-40-5820 C 2 a (3) demonstrating that off-site migration is being 

controlled.

D. For purposes of compliance with 9VAC5-40-5822 A 1, each owner of a 

controlled landfill shall place each well or design component as specified in the 

approved design plan as provided in 9VAC5-40-5820 C 2 a. Each well shall be installed 

no later than 60 days after the date on which the initial solid waste has been in place for 

a period of:

1. Five years or more if active; or

2. Two years or more if closed or at final grade.

E. The following procedures shall be used for compliance with the surface 

methane operational standard as provided in 9VAC5-40-5822 A 4.

1. After installation of the collection system, the owner shall monitor 

surface concentrations of methane along the entire perimeter of the collection area and 

along a pattern that traverses the landfill at 30-meter intervals (or a site-specific 

established spacing) for each collection area on a quarterly basis using an organic 

vapor analyzer, flame ionization detector, or other portable monitor meeting the 

specifications provided in subsection F of this section.

2. The background concentration shall be determined by moving the probe 

inlet upwind and downwind outside the boundary of the landfill at a distance of at least 

30 meters from the perimeter wells.

3. Surface emission monitoring shall be performed in accordance with 

section 4.3.1 of Reference Method 21 of Appendix A of 40 CFR Part 60, except that the 

probe inlet shall be placed within 5 to 10 centimeters of the ground. Monitoring shall be 

performed during typical meteorological conditions.

4. Any reading of 500 parts per million or more above background at any 

location shall be recorded as a monitored exceedance and the actions specified in 
COMMONWEALTH OF VIRGINIA PAGE 13 of 37

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subdivisions E 4 a through e of this section shall be taken. As long as the specified 

actions are taken, the exceedance is not a violation of the operational requirements of 

9VAC5-40-5822 A 4.

a. The location of each monitored exceedance shall be marked and 

the location recorded.

b. Cover maintenance or adjustments to the vacuum of the 

adjacent wells to increase the gas collection in the vicinity of each exceedance shall be 

made and the location shall be re-monitored within 10 calendar days of detecting the 

exceedance.

c. If the re-monitoring of the location shows a second exceedance, 

additional corrective action shall be taken and the location shall be monitored again 

within 10 days of the second exceedance. If the re-monitoring shows a third 

exceedance for the same location, the action specified in subdivision E 4 e of this 

section shall be taken, and no further monitoring of that location is required until the 

action specified in subdivision E 4 e of this section has been taken.

d. Any location that initially showed an exceedance but has a 

methane concentration less than 500 parts per million methane above background at 

the 10-day re-monitoring specified in subdivision E 4 b or c of this section shall be remonitored one month from the initial exceedance. If the one-month remonitoring shows 

a concentration less than 500 parts per million above background, no further monitoring 

of that location is required until the next quarterly monitoring period. If the 1-month 

remonitoring shows an exceedance, the actions specified in subdivision E 4 c or e of 

this section shall be taken.

e. For any location where monitored methane concentration equals 

or exceeds 500 parts per million above background three times within a quarterly 

period, a new well or other collection device shall be installed within 120 calendar days 

of the initial exceedance. An alternative remedy to the exceedance, such as upgrading 

the blower, header pipes or control device, and a corresponding timeline for installation 

may be submitted to the board for approval.

5. The owner shall implement a program to monitor for cover integrity and 

implement cover repairs as necessary on a monthly basis.

F. Each owner seeking to comply with the provisions in subsection E of this 

section shall comply with the following instrumentation specifications and procedures for 

surface emission monitoring devices:

1. The portable analyzer shall meet the instrument specifications provided 

in section 3 of Reference Method 21 of Appendix A of 40 CFR Part 60, except that 

"methane" shall replace all references to VOC.
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2. The calibration gas shall be methane, diluted to a nominal concentration 

of 500 parts per million in air.

3. To meet the performance evaluation requirements in section 3.1.3 of 

Reference Method 21 of Appendix A of 40 CFR Part 60, the instrument evaluation 

procedures of section 4.4 of Reference Method 21 of Appendix A of 40 CFR Part 60 

shall be used.

4. The calibration procedures provided in section 4.2 of Reference Method 

21 of Appendix A of 40 CFR Part 60 shall be followed immediately before commencing 

a surface monitoring survey.

G. The provisions of this article apply at all times, except during periods of 

startup, shutdown, or malfunction, provided that the duration of startup, shutdown, or 

malfunction shall not exceed five days for collection systems and shall not exceed one 

hour for treatment or control devices. This subsection shall not apply to the emission 

standards set forth in 9VAC5-40-5830 and 9VAC5-40-5840.

H. With regard to startup, shutdown, and malfunction, the provisions of 9VAC5-

40-5850 A and 9VAC5-40-5910 shall apply to the emission standards set forth in 

9VAC5-40-5830 and 9VAC5-40-5840.

9VAC5-40-5880. Reporting.

A. The provisions of 9VAC5-40-50 (Notification, records and reporting) apply.

B. Except as provided in 9VAC5-40-5820 C 2 a (2), the provisions of subsections 

C through I of this section apply.

C. Each owner subject to the requirements of this article shall submit an initial 

design capacity report to the board.

1. The initial design capacity report shall be submitted no later than June 

30, 1999.

2. The initial design capacity report shall contain the following information:

a. A map or plot of the landfill, providing the size and location of the 

landfill, and identifying all areas where solid waste may be landfilled according to the 

permit issued by the department under Part VII (9VAC20-80-480 et seq.) Part V 

(9VAC20-81-400 et seq.) of 9VAC20 Chapter 80 81 (Solid Waste Management 

Regulations);

b. The maximum design capacity of the landfill. Where the 
COMMONWEALTH OF VIRGINIA PAGE 15 of 37

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-40, 50 AND 130)

maximum design capacity is specified in a permit issued by the department under Part 

VII (9VAC20-80-480 et seq.) Part V (9VAC20-81-400 et seq.) of 9VAC20 Chapter 80 81

(Solid Waste Management Regulations), a copy of the permit specifying the maximum 

design capacity may be submitted as part of the report. If the maximum design capacity 

of the landfill is not specified in the permit, the maximum design capacity shall be 

calculated using good engineering practices acceptable to the board. The calculations 

shall be provided, along with the relevant parameters as part of the report. The board 

may request other reasonable information as may be necessary to verify the maximum 

design capacity of the landfill.

3. An amended design capacity report shall be submitted to the board 

providing notification of an increase in the design capacity of the landfill, within 90 days 

of an increase in the maximum design capacity of the landfill to or above (i) 1.0 million 

megagrams and 1.0 million cubic meters in the Northern Virginia Volatile Organic 

Compound Emissions Control Area, or (ii) 2.5 million megagrams and 2.5 million cubic 

meters in the remaining areas of the Commonwealth. This increase in design capacity 

may result from an increase in the permitted volume of the landfill or an increase in the 

density as documented in the annual recalculation required in 9VAC5-40-5890 H.

D. Each owner subject to the requirements of this article shall submit an NMOC 

emission rate report to the board initially and annually thereafter, except as provided for 

in subdivisions D 1 b or D 3 of this section. The board may request such additional 

information as may be necessary to verify the reported NMOC emission rate.

1. The NMOC emission rate report shall contain an annual or 5-year 

estimate of the NMOC emission rate calculated using the formula and procedures 

provided in 9VAC5-40-5860 B or C, as applicable.

a. The initial NMOC emission rate report shall be submitted by June 

30, 1999 and may be combined with the initial design capacity report required in 

subsection C of this section. Subsequent NMOC emission rate reports shall be 

submitted annually thereafter, except as provided for in subdivisions D 1 b and D 3 of 

this section.

b. If the estimated NMOC emission rate as reported in the annual 

report to the board is less than (i) 23 megagrams per year in the Northern Virginia 

Volatile Organic Compound Emissions Control Area, or (ii) 50 megagrams per year in 

the remaining areas of the Commonwealth, in each of the next five consecutive years, 

the owner may elect to submit an estimate of the NMOC emission rate for the next 5-

year period in lieu of the annual report. This estimate shall include the current amount 

of solid waste-in-place and the estimated waste acceptance rate for each year of the 

five years for which an NMOC emission rate is estimated. All data and calculations 

upon which this estimate is based shall be provided to the board. This estimate shall be 

revised at least once every five years. If the actual waste acceptance rate exceeds the 

estimated waste acceptance rate in any year reported in the 5-year estimate, a revised 
COMMONWEALTH OF VIRGINIA PAGE 16 of 37

STATE AIR POLLUTION CONTROL BOARD

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5-year estimate shall be submitted to the board. The revised estimate shall cover the 5-

year period beginning with the year in which the actual waste acceptance rate exceeded 

the estimated waste acceptance rate.

2. The NMOC emission rate report shall include all the data, calculations, 

sample reports and measurements used to estimate the annual or 5-year emissions.

3. Each owner subject to the requirements of this article is exempted from 

the requirements of subdivisions D 1 and 2 of this section, after the installation of a 

collection and control system in compliance with 9VAC5-40-5820 C 2, during such time 

as the collection and control system is in operation and in compliance with 9VAC5-40-

5822 and 9VAC5-40-5850.

E. Each owner subject to the provisions of 9VAC5-40-5820 C 2 a shall submit a 

collection and control system design plan to the board within one year of the first report, 

required under subdivision D of this section, in which the emission rate is greater than 

or equal to (i) 23 megagrams per year in the Northern Virginia Volatile Organic 

Compound Emissions Control Area, or (ii) 50 megagrams per year in the remaining 

areas of the Commonwealth, except as follows:

1. If the owner elects to recalculate the NMOC emission rate after Tier 2 

NMOC sampling and analysis as provided in 9VAC5-40-5860 B 3 and the resulting rate 

is less than (i) 23 megagrams per year in the Northern Virginia Volatile Organic 

Compound Emissions Control Area, or (ii) 50 megagrams per year in the remaining 

areas of the Commonwealth, annual periodic reporting shall be resumed, using the Tier 

2 determined site-specific NMOC concentration, until the calculated emission rate is 

greater than or equal to (i) 23 megagrams per year in the Northern Virginia Volatile 

Organic Compound Emissions Control Area, or (ii) 50 megagrams per year in the 

remaining areas of the Commonwealth, or the landfill is closed. The revised NMOC 

emission rate report, with the recalculated emission rate based on NMOC sampling and 

analysis, shall be submitted within 180 days of the first calculated exceedance of the 

emission rate applicability criteria.

2. If the owner elects to recalculate the NMOC emission rate after 

determining a site-specific methane generation rate constant (k), as provided in Tier 3 in 

9VAC5-40-5860 B 4, and the resulting NMOC emission rate is less than (i) 23 

megagrams per year in the Northern Virginia Volatile Organic Compound Emissions 

Control Area, or (ii) 50 megagrams per year in the remaining areas of the 

Commonwealth, annual periodic reporting shall be resumed. The resulting site-specific 

methane generation rate constant (k) shall be used in the emission rate calculation until 

such time as the emissions rate calculation results in an exceedance. The revised 

NMOC emission rate report based on the provisions of 9VAC5-40-5860 B 4 and the 

resulting site-specific methane generation rate constant (k) shall be submitted to the 

board within one year of the first calculated emission rate exceeding (i) 23 megagrams 

per year in the Northern Virginia Volatile Organic Compound Emissions Control Area, or 
COMMONWEALTH OF VIRGINIA PAGE 17 of 37

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-40, 50 AND 130)

(ii) 50 megagrams per year in the remaining areas of the Commonwealth.

F. Each owner of a controlled landfill shall submit a closure report to the board 

within 30 days of waste acceptance cessation. The board may request additional 

information as may be necessary to verify that permanent closure has taken place in 

accordance with the requirements of 9VAC20-80-250 E 9VAC20-81-160. If a closure 

report has been submitted to the board, no additional wastes may be placed into the 

landfill without obtaining a permit issued by the department under Part VII (9VAC20-80-

480 et seq.) Part V (9VAC20-81-400 et seq.) of 9VAC20 Chapter 80 81 (Solid Waste 

Management Regulations).

G. Each owner of a controlled landfill shall submit an equipment removal report 

to the board 30 days prior to removal or cessation of operation of the control equipment.

1. The equipment removal report shall contain all of the following items:

a. A copy of the closure report submitted in accordance with 

subsection F of this section;

b. A copy of the initial compliance test report demonstrating that the 

15 year minimum control period has expired; and

c. Dated copies of three successive NMOC emission rate reports 

demonstrating that the landfill is no longer producing (i) 23 megagrams or greater of 

NMOC per year in the Northern Virginia Volatile Organic Compound Emissions Control 

Area, or (ii) 50 megagrams or greater of NMOC per year in the remaining areas of the 

Commonwealth.

2. The board may request such additional information as may be 

necessary to verify that all of the conditions for removal in 9VAC5-40-5820 C 2 e have 

been met.

H. Each owner of a landfill seeking to comply with 9VAC5-40-5820 C 2 using an 

active collection system designed in accordance with 9VAC5-40-5820 C 2 b shall 

submit to the board annual reports of the recorded information in subdivisions H 1 

through H 6 of this section. The initial annual report shall be submitted within 180 days 

of installation and startup of the collection and control system, and shall include the 

initial compliance test report. For enclosed combustion devices and flares, reportable 

exceedances are defined under 9VAC5-40-5890 E.

1. Value and length of time for exceedance of applicable parameters 

monitored under 9VAC5-40-5870 C, D, E, and F.

2. Description and duration of all periods when the gas stream is diverted 

from the control device through a bypass line or the indication of bypass flow as 
COMMONWEALTH OF VIRGINIA PAGE 18 of 37

STATE AIR POLLUTION CONTROL BOARD

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specified under 9VAC5-40-5870.

3. Description and duration of all periods when the control device was not 

operating for a period exceeding one hour and length of time the control device was not 

operating.

4. All periods when the collection system was not operating in excess of 

five days.

5. The location of each exceedance of the 500 parts per million methane 

concentration as provided in 9VAC5-40-5822 A 4 and the concentration recorded at 

each location for which an exceedance was recorded in the previous month.

6. The date of installation and the location of each well or collection 

system expansion added pursuant to subdivisions C 3, D, and E 4 of 9VAC5-40-5850.

I. Each owner seeking to comply with 9VAC5-40-5820 C 2 a shall include the 

following information with the initial compliance test report:

1. A diagram of the collection system showing collection system 

positioning including all wells, horizontal collectors, surface collectors, or other gas 

extraction devices, including the locations of any areas excluded from collection and the 

proposed sites for the future collection system expansion;

2. The data upon which the sufficient density of wells, horizontal 

collectors, surface collectors, or other gas extraction devices and the gas mover 

equipment sizing are based;

3. The documentation of the presence of asbestos or nondegradable 

material for each area from which collection wells have been excluded based on the 

presence of asbestos or nondegradable material;

4. The sum of the gas generation flow rates for all areas from which 

collection wells have been excluded based on nonproductivity and the calculations of 

gas generation flow rate for each excluded area; and

5. The provisions for increasing gas mover equipment capacity with 

increased gas generation flow rate, if the present gas mover equipment is inadequate to 

move the maximum flow rate expected over the life of the landfill; and

6. The provisions for the control of off-site migration.

9VAC5-40-5920. Permits.

A. A permit may be required prior to beginning any of the activities specified 
COMMONWEALTH OF VIRGINIA PAGE 19 of 37

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-40, 50 AND 130)

below if the provisions of 9VAC5 Chapter 50 (9VAC5-50) and 9VAC5 Chapter 60 

(9VAC5-60) 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.

B. MSW landfills required to install a collection and control system according to 

the provisions of 9VAC5-40-5820 shall apply for a permit amendment in accordance 

with Part VII (9VAC20-80-480 et seq.) Part V (9VAC20-81-400 et seq.) of 9VAC20 

Chapter 80 81 (Solid Waste Management Regulations).

C. Physical or operational changes made to an MSW landfill solely to comply 

with this article are not considered construction, reconstruction, or modification for the 

purposes of 40 CFR 60 subpart WWW.

D. The owner of an MSW landfill subject to this article with a design capacity 

greater than or equal to 2.5 million megagrams and 2.5 million cubic meters is subject to 

Article 1 (9VAC5-80-50 et seq.) of 9VAC5 Chapter 80. When a landfill is closed, and 

either never needed control or meets the conditions for control system removal 

specified in 9VAC5-40-5820 C 2 e, an operating permit under Article 1 (9VAC5-80-50 et 

seq.) of 9VAC5 Chapter 80 is no longer required.

E. A landfill with a design capacity less than 2.5 million megagrams or 2.5 million 

cubic meters does not require an operating permit under Article 1 (9VAC5-80-50 et 

seq.) of 9VAC5 Chapter 80.

9VAC5 CHAPTER 50.

NEW AND MODIFIED STATIONARY SOURCES.

PART II.

Emission Standards.

ARTICLE 5.

Environmental Protection Agency Standards of Performance
COMMONWEALTH OF VIRGINIA PAGE 20 of 37

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-40, 50 AND 130)

For New Stationary Sources (Rule 5-5).

9VAC5-50-420. Word or phrase substitutions.

In the standards designated in 9VAC5-50-410 make the following substitutions:

1. In all the standards, board for Administrator.

2. In all the standards, board for U.S. Environmental Protection Agency (except 

in references).

3. In Subpart WWW, Department of Environmental Quality for state, local, or 

tribal agency responsible for regulating the landfill. Waste management permits are 

issued by the department under the authority of the Virginia Waste Management Act 

(Title 10.1, Chapter 14, § 10.1-1400 et seq. of the Code of Virginia), using the 

procedures in Part VII (9VAC20-80-480 et seq.) Part V (9VAC20-81-400 et seq.) of 

9VAC20 Chapter 80 81.

9VAC5 CHAPTER 130

REGULATION FOR OPEN BURNING

PART I

General Provisions

9VAC5-130-20. Definitions.

A. For the purpose of these regulations and subsequent amendments or any 

orders issued by the board, 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 meaning given 

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

C. Terms defined:

"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.

"Automobile graveyard" means any lot or place which is exposed to the 

weather and upon which more than five motor vehicles of any kind, incapable of being 

operated, and that it would not be economically practical to make operative, are placed, 
COMMONWEALTH OF VIRGINIA PAGE 21 of 37

STATE AIR POLLUTION CONTROL BOARD

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located or found.

"Built-up area" means any area with a substantial portion covered by 

industrial, commercial or residential buildings.

"Clean burning waste" means waste that is not prohibited to be burned 

under this article and that consists only of (i) 100% wood waste, (ii) 100% clean lumber 

or clean wood, (iii) 100% yard waste, or (iv) 100% mixture of only any combination of 

wood waste, clean lumber, clean wood or yard waste.

"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.

"Clean wood" means uncontaminated natural or untreated wood. Clean 

wood includes, but is not limited to, by-products of harvesting activities conducted for 

forest management or commercial logging, or mill residues consisting of bark, chips, 

edgings, sawdust, shavings or slabs. It does not include wood that has been treated, 

adulterated, or chemically changed in some way; treated with glues, binders or resins; 

or painted, stained or coated.

"Commercial waste" means all solid waste generated by establishments 

engaged in business operations other than manufacturing or construction. This category 

includes, but is not limited to, waste resulting from the operation of stores, markets, 

office buildings, restaurants and shopping centers.

"Construction waste" means solid waste that is produced or generated 

during construction, remodeling, or repair of pavements, houses, commercial buildings 

and other structures. Construction waste consists of lumber, wire, sheetrock, broken 

brick, shingles, glass, pipes, concrete, and metal and plastics if the metal or plastics are 

a part of the materials of construction or empty containers for such materials. Paints, 

coatings, solvents, asbestos, any liquid, compressed gases or semi-liquids, and 

garbage are not construction wastes and the disposal of such materials shall be in 

accordance with the regulations of the Virginia Waste Management Board.

"Debris waste" means wastes resulting from land clearing operations.

Debris wastes include but are not limited to stumps, wood, brush, leaves, soil and road 

spoils.

"Demolition waste" means that solid waste which is produced by the 

destruction of structures, or their foundations, or both, and includes the same materials 

as construction waste.

"Garbage" means readily putrescible discarded materials composed of 
COMMONWEALTH OF VIRGINIA PAGE 22 of 37

STATE AIR POLLUTION CONTROL BOARD

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animal, vegetable or other organic matter.

"Hazardous waste" means a “hazardous waste” as described in 9VAC20-

60 (Hazardous Waste Management Regulations).

"Household waste" means any waste material, including garbage, trash 

and refuse derived from households. For purposes of this regulation, households 

include single and multiple residences, hotels and motels, bunkhouses, ranger stations, 

crew quarters, campgrounds, picnic grounds and day-use recreation areas. Household 

wastes do not include sanitary waste in septic tanks (septage) which is regulated by 

other state agencies.

"Industrial waste" means any solid waste generated by manufacturing or 

industrial process that is not a regulated hazardous waste. Such waste may include but 

is not limited to waste resulting from the following manufacturing processes: electric 

power generation; fertilizer/agricultural chemicals; food and related products/by 

products; inorganic chemicals; iron and steel manufacturing; leather and leather 

products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and 

resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic 

products; stone, glass, clay and concrete products; textile manufacturing; transportation 

equipment; and water treatment. This term does not include mining waste or oil and gas 

waste.

"Junk" means old or scrap copper, brass, rope, rags, batteries, paper, 

trash, rubber, debris, waste, or junked, dismantled, or wrecked automobiles, or parts 

thereof, iron, steel, and other old or scrap ferrous or nonferrous material.

"Junkyard" means an establishment or place of business that is 

maintained, operated, or used for storing, keeping, buying, or selling junk, or for the 

maintenance or operation of an automobile graveyard, and the term shall include 

garbage dumps and sanitary landfills.

"Landfill" means a sanitary landfill, an industrial waste landfill, or a 

construction/demolition/debris landfill. See Part I (9VAC20-80-10 et seq.) (9VAC20-81-

10 et seq.) of 9VAC20-80 9VAC20-81 (Solid Waste Management Regulations) for

further definitions of these terms.

"Local landfill" means any landfill located within the jurisdiction of a local 

government.

"Open burning" means the combustion of solid waste without:

1. Control of combustion air to maintain adequate temperature for 

efficient combustion;
COMMONWEALTH OF VIRGINIA PAGE 23 of 37

STATE AIR POLLUTION CONTROL BOARD

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2. Containment of the combustion reaction in an enclosed device to 

provide sufficient residence time and mixing for complete combustion; and

3. Control of the combustion products' emission.

"Open pit incinerator" means a device used to burn waste for the primary 

purpose of reducing the volume by removing combustible matter. Such devices function 

by directing a curtain of air at an angle across the top of a trench or similarly enclosed 

space, thus reducing the amount of combustion by-products emitted into the 

atmosphere. The term also includes trench burners, air curtain incinerators and over 

draft incinerators.

"Refuse" means all solid waste products having the characteristics of 

solids rather than liquids and which are composed wholly or partially of materials such 

as garbage, trash, rubbish, litter, residues from clean up of spills or contamination or 

other discarded materials.

"Salvage operation" means any operation consisting of a business, trade 

or industry participating in salvaging or reclaiming any product or material, such as, but 

not limited to, reprocessing of used motor oils, metals, chemicals, shipping containers or 

drums, and specifically including automobile graveyards and junkyards.

"Sanitary landfill" means an engineered land burial facility for the disposal 

of household waste that is so located, designed, constructed, and operated to contain 

and isolate the waste so that it does not pose a substantial present or potential hazard 

to human health or the environment. A sanitary landfill also may receive other types of 

solid wastes, such as commercial solid waste, nonhazardous sludge, hazardous waste 

from conditionally exempt small quantity generators, construction, demolition, or debris 

waste and nonhazardous industrial solid waste. See Part I (9VAC20-80-10 et seq.)

(9VAC20-81-10 et seq.) of 9VAC20-80 9VAC20-81 (Solid Waste Management 

Regulations) for further definitions of these terms.

"Smoke" means small gas-borne particulate matter consisting mostly, but 

not exclusively, of carbon, ash and other material in concentrations sufficient to form a 

visible plume.

"Special incineration device" means an open pit incinerator, conical or 

teepee burner, or any other device specifically designed to provide good combustion 

performance.

"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 
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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.

"Yard waste" means grass, grass clippings, bushes, shrubs, and clippings 

from bushes and shrubs that come from residential, commercial/retail, institutional, or 

industrial sources as part of maintaining yards or other private or public lands. Yard 

waste does not include (i) construction, renovation, and demolition wastes or (ii) clean 

wood.

9VAC5-130-40. Permissible open burning.

A. Open burning or the use of special incineration devices is permitted in the 

following instances provided the provisions of subsections B through E of 9VAC5-130-

30 are met:

1. Upon the request of an owner or a responsible civil or military public 

official, the board may approve open burning or the use of special incineration devices 

under controlled conditions for the elimination of a hazard that constitutes a threat to the 

public health, safety or welfare and that cannot be remedied by other means consonant 

with the circumstances presented by the hazard. Such uses of open burning or the use 

of special incineration devices may include, but are not limited to, the following:

a. Destruction of deteriorated or unused explosives and munitions 

on government or private property when other means of disposal are not available.

Hazardous waste permits may be required under the provisions of 9VAC20-60

(Hazardous Waste Management Regulations).

b. Destruction of debris caused by floods, tornadoes, hurricanes or 

other natural disasters where alternate means of disposal are not economical or 

practical and when it is in the best interest of the citizens of the Commonwealth. Solid 

waste management permits may be required under the provisions of 9VAC20-80

9VAC20-81 (Solid Waste Management Regulations).

c. On-site destruction of animal or plant life that is infested, or 

reasonably believed to be infested, by a pest or disease in order (i) to suppress, control, 

or eradicate an infestation or pest; (ii) to prevent or retard the spread of an infestation or 

pest; or (iii) to prevent further disease transmission or progression.

2. Open burning is permitted for training and instruction of government 

and public fire fighters under the supervision of the designated official and industrial 

in-house fire fighting personnel with clearance from the local fire fighting authority. The 
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designated official in charge of the training shall notify and obtain the approval of the 

regional director prior to conducting the training exercise. Training schools where 

permanent facilities are installed for fire fighting instruction are exempt from this 

notification requirement. Buildings which have not been demolished may be burned 

under the provisions of this subdivision only.

3. Open burning or the use of special incineration devices is permitted for 

the destruction of classified military documents under the supervision of the designated 

official.

4. Open burning is permitted for camp fires or other fires that are used 

solely for recreational purposes, for ceremonial occasions, for outdoor noncommercial 

preparation of food, and for warming of outdoor workers provided the materials 

specified in subsections B and C of 9VAC5-130-30 are not burned.

5. In urban areas, open burning is permitted for the on-site destruction of 

leaves and tree, yard and garden trimmings located on the premises of private property, 

provided that no regularly scheduled public or private collection service for such 

trimmings is available at the adjacent street or public road. In non-urban areas, open 

burning is permitted for the on-site destruction of leaves and tree, yard and garden 

trimmings located on the premises of private property regardless of the availability of 

collection service for such trimmings.

6. Open burning is permitted for the on-site destruction of household 

waste by homeowners or tenants, provided that no regularly scheduled public or private 

collection service for such refuse is available at the adjacent street or public road.

7. Open burning is permitted for the destruction of any combustible liquid 

or gaseous material by burning in a flare or flare stack. Use of a flare or flare stack for 

the destruction of hazardous waste or commercial/industrial waste is allowed provided 

written approval is obtained from the board and the facility is in compliance with Article 3 

(9VAC5-40-160 et seq.) of 9VAC5-40 (Existing Stationary Sources) and Article 3 

(9VAC5-50-160 et seq.) of 9VAC5-50 (New and Modified Stationary Sources). Permits 

issued under 9VAC5-80 (Permits for Stationary Sources) may be used to satisfy the 

requirement for written approval. This activity must be consistent with the provisions of 

9VAC20-60.

8. Open burning or the use of special incineration devices is permitted onsite for the destruction of clean burning waste and debris waste resulting from property 

maintenance, from the development or modification of roads and highways, parking 

areas, railroad tracks, pipelines, power and communication lines, buildings or building 

areas, sanitary landfills, or from any other clearing operations. Open burning or the use 

of special incineration devices for the purpose of such destruction is prohibited in 

volatile organic compounds emissions control areas (see 9VAC5-20-206) during May, 

June, July, August, and September.
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9. Open burning is permitted for forest management and agriculture 

practices approved by the board (see 9VAC5-130-50), provided the following conditions 

are met:

a. The burning shall be at least 1000 feet from any occupied 

building unless the occupants have given prior permission, other than a building located 

on the property on which the burning is conducted; and

b. The burning shall be attended at all times.

10. Open burning or the use of special incineration devices is permitted for 

the destruction of clean burning waste and debris waste on the site of local landfills 

provided that the burning does not take place on land that has been filled and covered 

so as to present an underground fire hazard due to the presence of methane gas. Open 

burning or the use of special incineration devices for the purpose of such destruction is 

prohibited in volatile organic compounds emissions control areas (see 9VAC5-20-206) 

during May, June, July, August, and September.

B. Open burning or the use of special incineration devices permitted under the 

provisions of this article does not exempt or excuse any owner or other person from the 

consequences, liability, damages or injuries which may result from such conduct; nor 

does it excuse or exempt any owner or other person from complying with other 

applicable laws, ordinances, regulations and orders of the governmental entities having 

jurisdiction, even though the open burning is conducted in compliance with this article.

In this regard special attention should be directed to § 10.1-1142 of the Code of Virginia, 

which is enforced by the Department of Forestry.

C. With regard to the provisions of subsection B of this section, special attention 

should also be directed to the regulations of the Virginia Waste Management Board. No 

destruction of waste by open burning or transportation of waste to be destroyed by open 

burning shall take place in violation of the regulations of the Virginia Waste 

Management Board.

PART II

Local Ordinances

9VAC5-130-100. Local ordinances on open burning.

A. General.

1. If the governing body of any locality wishes to adopt an ordinance 

relating to air pollution and governing open burning within its jurisdiction, the ordinance 

must first be approved by the board (see § 10.1-1321 B of the Code of Virginia).
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2. In order to assist local governments in the development of ordinances 

acceptable to the board, the ordinance in subsection C of this section is offered as a 

model.

3. If a local government wishes to adopt the language of the model 

ordinance without changing any wording except that enclosed by parentheses, that 

government's ordinance shall be deemed to be approved by the board on the date of 

local adoption provided that a copy of the ordinance is filed with the department upon its 

adoption by the local government.

4. If a local government wishes to change any wording of the model 

ordinance aside from that enclosed by parentheses in order to construct a local 

ordinance, that government shall request the approval of the board prior to adoption of 

the ordinance by the local jurisdiction. A copy of the ordinance shall be filed with the 

department upon its adoption by the local government.

5. Local ordinances that have been approved by the board prior to April 1, 

1996, remain in full force and effect as specified by their promulgating authorities.

B. Establishment and approval of local ordinances varying from the model.

1. Any local governing body proposing to adopt or amend an ordinance 

relating to open burning that differs from the model local ordinance in subsection C of 

this section shall first obtain the approval of the board for the ordinance or amendment 

as specified in subdivision A 4 of this section. The board in approving local ordinances 

will consider, but will not be limited to, the following criteria:

a. The local ordinance shall provide for intergovernmental 

cooperation and exchange of information.

b. Adequate local resources will be committed to enforcing the 

proposed local ordinance.

c. The provisions of the local ordinance shall be as strict as state 

regulations, except as provided for leaf burning in § 10.1-1308 of the Virginia Air 

Pollution Control Law.

d. If a waiver from any provision of this chapter has been requested 

under 9VAC5-130-60, the language of the ordinance shall achieve the objective of the 

provision from which the waiver is requested.

2. Approval of any local ordinance may be withdrawn if the board 

determines that the local ordinance is less strict than state regulations or if the locality 

fails to enforce the ordinance.
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3. If a local ordinance must be amended to conform to an amendment to 

state regulations, such local amendment will be made within six months of the effective 

date of the amended state regulations.

4. Local ordinances are a supplement to state regulations. Any provisions 

of local ordinances that have been approved by the board and are more strict than state 

regulations shall take precedence over state regulations within the respective locality. If 

a locality fails to enforce its own ordinance, the board reserves the right to enforce state 

regulations.

5. A local governing body may grant a variance to any provision of its air 

pollution control ordinance(s) provided that:

a. A public hearing is held prior to granting the variance;

b. The public is notified of the application for a variance by notice in 

at least one major newspaper of general circulation in the affected locality at least 30 

days prior to the date of the hearing; and

c. The variance does not permit any owner or other person to take 

action that would result in a violation of any provision of state regulations unless a 

variance is granted by the board. The public hearings required for the variances to the 

local ordinance and state regulations may be conducted jointly as one proceeding.

6. 9VAC5-170-150 shall not apply to local ordinances concerned solely 

with open burning.

C. Model Ordinance.

ORDINANCE NO. (000)

Section (000-1). Title. This article shall be known as the (local jurisdiction) Ordinance 

for the Regulation of Open Burning.

Section (000-2). Purpose. The purpose of this article is to protect public health, safety, 

and welfare by regulating open burning within (local jurisdiction) to achieve and 

maintain, to the greatest extent practicable, a level of air quality that will provide comfort 

and convenience while promoting economic and social development. This article is 

intended to supplement the applicable regulations promulgated by the State Air 

Pollution Control Board and other applicable regulations and laws.

Section (000-3). Definitions. For the purpose of this article and subsequent 

amendments or any orders issued by (local jurisdiction), the words or phrases shall 

have the meaning given them in this section.
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"Automobile graveyard" means any lot or place that is exposed to the weather 

and upon which more than five motor vehicles of any kind, incapable of being operated, 

and that it would not be economically practical to make operative, are placed, located or 

found.

"Built-up area" means any area with a substantial portion covered by industrial, 

commercial or residential buildings.

"Clean burning waste" means waste that is not prohibited to be burned under this 

ordinance and that consists only of (i) 100% wood waste, (ii) 100% clean lumber or 

clean wood, (iii) 100% yard waste, or (iv) 100% mixture of only any combination of wood 

waste, clean lumber, clean wood or yard waste.

"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.

"Clean wood" means uncontaminated natural or untreated wood. Clean wood 

includes, but is not limited to, by-products of harvesting activities conducted for forest 

management or commercial logging, or mill residues consisting of bark, chips, edgings, 

sawdust, shavings or slabs. It does not include wood that has been treated, adulterated, 

or chemically changed in some way; treated with glues, binders or resins; or painted, 

stained or coated.

"Construction waste" means solid waste that is produced or generated during 

construction remodeling, or repair of pavements, houses, commercial buildings and 

other structures. Construction waste consists of lumber, wire, sheetrock, broken brick, 

shingles, glass, pipes, concrete, and metal and plastics if the metal or plastics are a part 

of the materials of construction or empty containers for such materials. Paints, coatings, 

solvents, asbestos, any liquid, compressed gases or semi-liquids, and garbage are not 

construction wastes and the disposal of such materials must be in accordance with the 

regulations of the Virginia Waste Management Board.

"Debris waste" means wastes resulting from land clearing operations. Debris 

wastes include but are not limited to stumps, wood, brush, leaves, soil and road spoils.

"Demolition waste" means that solid waste which is produced by the destruction 

of structures, or their foundations, or both, and includes the same materials as 

construction waste.

"Garbage" means readily putrescible discarded materials composed of animal, 

vegetable or other organic matter.

"Hazardous waste" means a "hazardous waste" as described in 9VAC20-60 
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(Hazardous Waste Management Regulations).

"Household waste" means any waste material, including garbage, trash and 

refuse derived from households. For purposes of this regulation, households include 

single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew 

quarters, campgrounds, picnic grounds and day-use recreation areas. Household 

wastes do not include sanitary waste in septic tanks (septage) which is regulated by 

state agencies.

"Industrial waste" means any solid waste generated by manufacturing or 

industrial process that is not a regulated hazardous waste. Such waste may include but 

is not limited to waste resulting from the following manufacturing processes: electric 

power generation; fertilizer/agricultural chemicals; food and related products/by 

products; inorganic chemicals; iron and steel manufacturing; leather and leather 

products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and 

resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic 

products; stone, glass, clay and concrete products; textile manufacturing; transportation 

equipment; and water treatment. This term does not include mining waste or oil and gas 

waste.

"Junkyard" means an establishment or place of business that is maintained, 

operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or 

operation of an automobile graveyard, and the term shall include garbage dumps and 

sanitary landfills.

"Landfill" means a sanitary landfill, an industrial waste landfill, or a 

construction/demolition/debris landfill. See 9VAC20-80 9VAC20-81 (Solid Waste 

Management Regulations) for further definitions of these terms.

"Local landfill" means any landfill located within the jurisdiction of a local 

government.

"Open burning" means the combustion of solid waste without:

1. Control of combustion air to maintain adequate temperature for efficient 

combustion;

2. Containment of the combustion reaction in an enclosed device to 

provide sufficient residence time and mixing for complete combustion; and

3. Control of the combustion products' emission.

"Open pit incinerator" means a device used to burn waste for the primary 

purpose of reducing the volume by removing combustible matter. Such devices function 

by directing a curtain of air at an angle across the top of a trench or similarly enclosed 
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space, thus reducing the amount of combustion byproducts emitted into the 

atmosphere. The term also includes trench burners, air curtain incinerators and over 

draft incinerators.

"Refuse" means all solid waste products having the characteristics of solids 

rather than liquids and which are composed wholly or partially of materials such as 

garbage, trash, rubbish, litter, residues from clean up of spills or contamination or other 

discarded materials.

"Salvage operation" means any operation consisting of a business, trade or 

industry participating in salvaging or reclaiming any product or material, such as, but not 

limited to, reprocessing of used motor oils, metals, chemicals, shipping containers or 

drums, and specifically including automobile graveyards and junkyards.

"Sanitary landfill" means an engineered land burial facility for the disposal of 

household waste that is so located, designed, constructed, and operated to contain and 

isolate the waste so that it does not pose a substantial present or potential hazard to 

human health or the environment. A sanitary landfill also may receive other types of 

solid wastes, such as commercial solid waste, nonhazardous sludge, hazardous waste 

from conditionally exempt small quantity generators, construction, demolition, or debris 

waste and nonhazardous industrial solid waste. See 9VAC20-80 9VAC20-81 (Solid 

Waste Management Regulations) for further definitions of these terms.

"Smoke" means small gas-borne particulate matter consisting mostly, but not 

exclusively, of carbon, ash and other material in concentrations sufficient to form a 

visible plume.

"Special incineration device" means an open pit incinerator, conical or teepee 

burner, or any other device specifically designed to provide good combustion 

performance.

"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.

"Yard waste" means grass, grass clippings, bushes, shrubs, and clippings from 

bushes and shrubs that come from residential, commercial/retail, institutional, or 
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industrial sources as part of maintaining yards or other private or public lands. Yard 

waste does not include (i) construction, renovation, and demolition wastes or (ii) clean 

wood.

Section (000-4). Prohibitions on open burning.

A. No owner or other person shall cause or permit open burning or the use of a 

special incineration device for the destruction of refuse except as provided in this 

ordinance.

B. No owner or other person shall cause or permit open burning or the use of a 

special incineration device for the destruction of rubber tires, asphaltic materials, 

crankcase oil, impregnated wood or other rubber or petroleum based materials except 

when conducting bona fide fire fighting instruction at fire fighting training schools having 

permanent facilities.

C. No owner or other person shall cause or permit open burning or the use of a 

special incineration device for the destruction of hazardous waste or containers for such 

materials.

D. No owner or other person shall cause or permit open burning or the use of a 

special incineration device for the purpose of a salvage operation or for the destruction 

of commercial/industrial waste.

E. Open burning or the use of special incineration devices permitted under the 

provisions of this ordinance does not exempt or excuse any owner or other person from 

the consequences, liability, damages or injuries that may result from such conduct; nor 

does it excuse or exempt any owner or other person from complying with other 

applicable laws, ordinances, regulations and orders of the governmental entities having 

jurisdiction, even though the open burning is conducted in compliance with this 

ordinance. In this regard special attention should be directed to § 10.1-1142 of the 

Forest Fire Law of Virginia, the regulations of the Virginia Waste Management Board, 

and the State Air Pollution Control Board's Regulations for the Control and Abatement 

of Air Pollution.

F. Upon declaration of an alert, warning or emergency stage of an air pollution 

episode as described in 9VAC5-70 (Air Pollution Episode Prevention) or when deemed 

advisable by the State Air Pollution Control Board to prevent a hazard to, or an 

unreasonable burden upon, public health or welfare, no owner or other person shall 

cause or permit open burning or use of a special incineration device; and any in process 

burning or use of special incineration devices shall be immediately terminated in the 

designated air quality control region.

Section (000-5). Exemptions. The following activities are exempted to the extent 

covered by the State Air Pollution Control Board's Regulations for the Control and 
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Abatement of Air Pollution:

A. Open burning for training and instruction of government and public fire fighters 

under the supervision of the designated official and industrial in-house fire fighting 

personnel;

B. Open burning for camp fires or other fires that are used solely for recreational 

purposes, for ceremonial occasions, for outdoor noncommercial preparation of food, 

and for warming of outdoor workers;

C. Open burning for the destruction of any combustible liquid or gaseous material 

by burning in a flare or flare stack;

D. Open burning for forest management and agriculture practices approved by 

the State Air Pollution Control Board; and

E. Open burning for the destruction of classified military documents.

Section (000-6). Permissible open burning.

A. Open burning is permitted on-site for the destruction of leaves and tree, yard 

and garden trimmings located on the premises of private property, provided that the 

conditions are met:

1. The burning takes place on the premises of the private property; (and)

2. The location of the burning is not less than 300 feet from any occupied 

building unless the occupants have given prior permission, other than a building located 

on the property on which the burning is conducted(; and

3. No regularly scheduled public or private collection service for such 

trimmings is available at the adjacent street or public road1

).

B. Open burning is permitted on-site for the destruction of household waste by 

homeowners or tenants, provided that the following conditions are met:

1. The burning takes place on the premises of the dwelling;

2. Animal carcasses or animal wastes are not burned;

3. Garbage is not burned; (and)

 1

This provision shall be included in ordinances for urban areas. It may be included in ordinances for non-urban areas.
COMMONWEALTH OF VIRGINIA PAGE 34 of 37

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4. The location of the burning is not less than 300 feet from any occupied 

building unless the occupants have given prior permission, other than a building located 

on the property on which the burning is conducted(; and

5. No regularly scheduled public or private collection service for such 

refuse is available at the adjacent street or public road2

).

C. Open burning is permitted on-site for destruction of debris waste resulting 

from property maintenance, from the development or modification of roads and 

highways, parking areas, railroad tracks, pipelines, power and communication lines, 

buildings or building areas, sanitary landfills, or from any other clearing operations that 

may be approved by (designated local official), provided the following conditions are 

met:

1. All reasonable effort shall be made to minimize the amount of material 

burned, with the number and size of the debris piles approved by (designated local 

official);

2. The material to be burned shall consist of brush, stumps and similar 

debris waste and shall not include demolition material;

3. The burning shall be at least 500 feet from any occupied building unless 

the occupants have given prior permission, other than a building located on the property 

on which the burning is conducted;

4. The burning shall be conducted at the greatest distance practicable 

from highways and air fields,

5. The burning shall be attended at all times and conducted to ensure the 

best possible combustion with a minimum of smoke being produced;

6. The burning shall not be allowed to smolder beyond the minimum 

period of time necessary for the destruction of the materials; and

7. The burning shall be conducted only when the prevailing winds are 

away from any city, town or built-up area.

D. Open burning is permitted for destruction of debris on the site of local landfills 

provided that the burning does not take place on land that has been filled and covered 

so as to present an underground fire hazard due to the presence of methane gas 

provided that the following conditions are met:

 2

This provision shall be included in ordinances for urban areas. It may be included in ordinances for non-urban areas.
COMMONWEALTH OF VIRGINIA PAGE 35 of 37

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1. The burning shall take place on the premises of a local sanitary landfill 

that meets the provisions of the regulations of the Virginia Waste Management Board;

2. The burning shall be attended at all times;

3. The material to be burned shall consist only of brush, tree trimmings, 

yard and garden trimmings, clean burning waste, clean burning debris waste, or clean 

burning demolition waste;

4. All reasonable effort shall be made to minimize the amount of material 

that is burned;

5. No materials may be burned in violation of the regulations of the 

Virginia Waste Management Board or the State Air Pollution Control Board. The exact 

site of the burning on a local landfill shall be established in coordination with the 

regional director and (designated local official); no other site shall be used without the 

approval of these officials. (Designated local official) shall be notified of the days during 

which the burning will occur.

(E. Sections 000-6.A. through D. notwithstanding, no owner or other person shall 

cause or permit open burning or the use of a special incineration device during May, 

June, July, August, or September.3

)

Section (000-7). Permits.

A. When open burning of debris waste (Section 000-6.C.) or open burning of 

debris on the site of a local landfill (Section 000-6.D.) is to occur within (local 

jurisdiction), the person responsible for the burning shall obtain a permit from 

(designated local official) prior to the burning. Such a permit may be granted only after 

confirmation by (designated local official) that the burning can and will comply with the 

provisions of this ordinance and any other conditions that are deemed necessary to 

ensure that the burning will not endanger the public health and welfare or to ensure 

compliance with any applicable provisions of the State Air Pollution Control Board's 

Regulations for the Control and Abatement of Air Pollution. The permit may be issued 

for each occasion of burning or for a specific period of time deemed appropriate by 

(designated local official).

B. Prior to the initial installation (or reinstallation, in cases of relocation) and 

operation of special incineration devices, the person responsible for the burning shall 

obtain a permit from (designated local official), such permits to be granted only after 

confirmation by (designated local official) that the burning can and will comply with the 

 3

This provision shall be included in ordinances for jurisdictions within volatile organic compound emissions control areas. It may be 

included in ordinances for jurisdictions outside these areas.
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applicable provisions in Regulations for the Control and Abatement of Air Pollution and 

that any conditions are met that are deemed necessary by (designated local official) to 

ensure that the operation of the devices will not endanger the public health and welfare.

Permits granted for the use of special incineration devices shall at a minimum contain 

the following conditions:

1. All reasonable effort shall be made to minimize the amount of material 

that is burned. Such efforts shall include, but are not limited to, the removal of 

pulpwood, sawlogs and firewood.

2. The material to be burned shall consist of brush, stumps and similar 

debris waste and shall not include demolition material.

3. The burning shall be at least 300 feet from any occupied building unless 

the occupants have given prior permission, other than a building located on the property 

on which the burning is conducted; burning shall be conducted at the greatest distance 

practicable from highways and air fields. If (designated local official) determines that it is 

necessary to protect public health and welfare, he may direct that any of the above cited 

distances be increased.

4. The burning shall be attended at all times and conducted to ensure the 

best possible combustion with a minimum of smoke being produced. Under no 

circumstances should the burning be allowed to smolder beyond the minimum period of 

time necessary for the destruction of the materials.

5. The burning shall be conducted only when the prevailing winds are 

away from any city, town or built-up area.

6. The use of special incineration devices shall be allowed only for the 

destruction of debris waste, clean burning construction waste, and clean burning 

demolition waste.

7. Permits issued under this subsection shall be limited to a specific period 

of time deemed appropriate by (designated local official).

(C. An application for a permit under Section 000-7.A. or 000-7.B. shall be 

accompanied by a processing fee of $----.

4

)

Section (000-8). Penalties for violation.

A. Any violation of this ordinance is punishable as a Class 1 misdemeanor. (See 

§ 15.2-1429 of the Code of Virginia.)

 4

The fee stipulation in this section is optional at the discretion of the jurisdiction.
COMMONWEALTH OF VIRGINIA PAGE 37 of 37

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-40, 50 AND 130)

B. Each separate incident may be considered a new violation.

9VAC5-130-60. Waivers.

A. A waiver from any provision of this article may be granted by the board for any 

person or geographic area provided that satisfactory demonstration is made that 

another state or local government entity has in effect statutory provisions or other 

enforceable mechanisms that will achieve the objective of the provision from which the 

waiver is granted.

B. Demonstrations made pursuant to subsection A of this section should, at a 

minimum, meet the following criteria:

1. The demonstration should show that the statutory provisions or other 

enforceable mechanisms essentially provide the same effect as the provision from 

which the waiver is granted.

2. That the governmental entity has the legal authority to enforce the 

statutory provisions or enforceable mechanisms.

C. Waivers under subsection A of this section shall be executed through a 

memorandum of understanding between the board and affected governmental entity 

and may include such terms and conditions as may be necessary to ensure that the 

objectives of this article are met by the waiver.

D. A waiver from any applicable provision of this article may be granted by the 

board for any locality which has lawfully adopted an ordinance in accordance with 

9VAC5-130-100.

TEMPLATES\NOIRA\REG-PRO

REG\DEV\D11-REG-FIN.DOC
ENCLOSURE 2

CERTIFICATION OF PUBLIC PARTICIPATION ACTIVITIES

AND COMPLIANCE WITH

STATE ADMINISTRATIVE PROCEDURES

As required by 40 CFR 51.102 and Section 2.1 of Appendix V of 40 CFR Part 51, the 

following information regarding public participation activities and compliance with state 

administrative procedures is provided.

PUBLIC PARTICIPATION ACTIVITIES

As required by 40 CFR 51.102(a), a public comment period to provide the opportunity 

to submit written comments concerning a proposed revision to the Commonwealth of 

Virginia State Implementation Plan was held from February 13 to March 14, 2012.

As required by 40 CFR Part 51.102(a) and (d)(1) and (2), the public was given notice of 

the public comment period in the Virginia Register, along with the location of the 

proposal for public inspection, on February 13, 2012. The notice included procedures 

to afford the public the opportunity to request that a hearing be held pursuant to 40 CFR 

51.102(a); no such request was received. The attached copy of the notice provides the 

evidence required by Section 2.1(f) of Appendix V of 40 CFR Part 51.

The Regional Administrator for the U.S. Environmental Protection Agency was notified 

of the public comment period, as was each local air pollution control agency which will 

be significantly affected by the revision and is located in the affected Air Quality Control 

Regions. In addition, the District of Columbia, Maryland and Tennessee, which share 

affected interstate Air Quality Control Regions with Virginia, were notified of the public 

comment period. These notifications follow the requirements of 40 CFR Part 

51.102(d)(3), (4) and (5).

COMPLIANCE WITH STATE ADMINISTRATIVE PROCEDURES

As required by Section 2.1(b) of Appendix V of 40 CFR Part 51, the regulation 

amendments were published in the Virginia Register on July 18, 2011 after being duly 

adopted by the State Air Pollution Control Board on June 10, 2011, certified by the 

Office of the Attorney General as within the board’s statutory authority on June 16, 

2011, and thus fully enforceable under Virginia law, and submitted to the Virginia 

Registrar on behalf of the board by the Department of Environmental Quality as a true 

and accurate copy of the duly adopted regulation on June 28, 2011, providing the 

evidence required by Section 2.1(b) and (e) of Appendix V of 40 CFR Part 51. As 

required by Section 2.1(d) of Appendix V of 40 CFR Part 51, a copy of the actual 

regulation submitted for approval and incorporation by reference into the 

Commonwealth of Virginia State Implementation Plan is attached, along with the 

effective date of August 17, 2011.

TEMPLATES\SIP-REG\REG02-PH

SIP\NONATTN\2011\D11c-SIP-2.DOC
General Notices/Errata 

the economic impact on small businesses in a manner 

consistent with the purpose of the regulations. 

The purpose of these regulations is to provide the procedures 

and rules by which § 58.1-3661 of the Code of Virginia may 

be administered. The statute specifies that recycling 

machinery and equipment certified by the Department of 

Environmental Quality may be eligible for a local property 

tax exemption. This section of the statute allows the 

governing body of any county, city, or town to exempt or 

partially exempt qualifying machinery or equipment from 

local taxation. Section 58.1-3661 of the Code of Virginia 

requires that these regulations be promulgated. These 

regulations are designed to provide procedures for the 

certification of recycling machinery with the least possible 

costs and intrusiveness to the citizens and businesses of the 

Commonwealth and to provide the necessary procedures and 

rules by which the statute may be administered. The 

regulations may be viewed in their entirety at 

http://leg1.state.va.us/000/reg/TOC09015.HTM#C0030. 

The comment period begins February 13, 2012, and ends on 

March 5, 2012. 

Comments may be submitted online to the Virginia 

Regulatory Town Hall 

at http://www.townhall.virginia.gov/L/Forums.cfm. 

Comments may also be sent to Gary E. Graham, Regulatory 

Analyst, Office of Regulatory Affairs, Department of 

Environmental Quality, P.O. Box 1105, Richmond, VA 

23218 (deliveries can be made to 629 East Main Street, 

Richmond, VA 23219), telephone (804) 698-4103, FAX 

(804) 698-4510, or email gary.graham@deq.virginia.gov. 

Comments must include the commenter's name and address 

(physical or email) information in order to receive a response 

to the comment from the agency. Following the close of the 

public comment period, a report of the periodic review will be 

posted on the Town Hall and published in the Virginia 

Register of Regulations. 

Proposed Revision to the Commonwealth of 

Virginia State Implementation Plan 

Notice of action: The Department of Environmental Quality 

(DEQ) is announcing an opportunity for public comment on a 

proposed revision to the Commonwealth of Virginia state 

implementation plan (SIP). The SIP is a plan developed by 

the Commonwealth in order to fulfill its responsibilities under 

the federal Clean Air Act to attain and maintain the ambient 

air quality standards promulgated by the U.S. Environmental 

Protection Agency (EPA) under the Act. The Commonwealth 

intends to submit relevant portions of the amended 

regulations to EPA as revisions to the SIP in accordance with 

the requirements of § 110(a) of the federal Clean Air Act. 

Regulations affected: The regulations affected by this action 

are as follows: Emission Standards for Municipal Solid Waste 

Landfills, Article 43 of 9VAC5-40, Existing Stationary 

Sources; Environmental Protection Agency Standards of 

Performance for New Stationary Sources, Article 5 of 

9VAC5-50, New and Modified Stationary Sources; and 

Regulation for Open Burning, 9VAC5-130. 

Purpose of notice: DEQ is seeking comment on the issue of 

whether the regulation amendments should be submitted as a 

revision to the SIP. 

Public comment period: February 13, 2012, to March 14, 

2012. 

Public hearing: A public hearing may be conducted if a 

request is made in writing to the contact listed below. In order 

to be considered, the request must include the full name, 

address, and telephone number of the person requesting the 

hearing and be received by DEQ by the last day of the 

comment period. Notice of the date, time, and location of any 

requested public hearing will be announced in a separate 

notice and another 30-day comment period will be conducted. 

Public comment stage: The regulation amendments are 

exempt from the state administrative procedures for adoption 

of regulations contained in Article 2 of the Administrative 

Process Act by the provisions of § 2.2-4006 A 3 of the 

Administrative Process Act as they are changes in form, style, 

and technical corrections. Since the amendments are exempt 

from administrative procedures for the adoption of 

regulations, DEQ is accepting comment only on the issue 

cited above under "purpose of notice" and not on the content 

of the regulation amendments. 

Description of proposal: In essence, the proposed revision 

will consist of amendments to existing regulation provisions 

to update regulatory cross-references. The Solid Waste 

Management Regulations were amended and recodified to 

create a new chapter 9VAC20-81, which became effective 

March 16, 2011. It is now necessary to update the citations to 

the Solid Waste Management Regulations in the State Air 

Pollution Control Board's regulations. 

Federal information: This notice is being given to satisfy the 

public participation requirements of federal regulations 

(40 CFR 51.102) and not any provision of state law. Except 

as noted below, the proposal will be submitted as a revision to 

the Commonwealth of Virginia SIP under § 110(a) of the 

federal Clean Air Act in accordance with 40 CFR 51.104. It is 

planned to submit the provisions of the proposal relevant to 

Article 43 of 9VAC5-40 and 9VAC5-130 as revisions to the 

Commonwealth of Virginia SIP. The provisions of Article 5 

of 9VAC5-50 and 9VAC5-130-100 are not part of the 

Commonwealth's SIP; those provisions will be provided for 

information only and not as part of the SIP. 

How to comment: DEQ accepts written comments by email, 

fax, and postal mail. In order to be considered, comments 

must include the full name, address, and telephone number of 

the person commenting and be received by DEQ by the last 

Volume 28, Issue 12 Virginia Register of Regulations February 13, 2012 

1032 
General Notices/Errata 

day of the comment period. Commenters submitting faxes are 

encouraged to provide the signed original by postal mail 

within one week. All testimony, exhibits, and documents 

received are part of the public record. 

To review regulation documents: The proposal and any 

supporting documents are available on the DEQ Air Public 

Notices for Plans website 

(http://www.deq.state.va.us/air/permitting/planotes.html). The 

documents may also be obtained by contacting the DEQ 

representative named below. The public may review the 

documents between 8:30 a.m. and 4:30 p.m. of each business 

day until the close of the public comment period at the 

following DEQ locations: 

1) Main Street Office, 8th Floor, 629 East Main Street, 

Richmond, VA, telephone (804) 698-4070, 

2) Southwest Regional Office, 355 Deadmore Street, 

Abingdon, VA, telephone (540) 676-4800, 

3) Blue Ridge Regional Office, Roanoke Location, 3019 

Peters Creek Road, Roanoke, VA, telephone (540) 562-

6700, 

4) Blue Ridge Regional Office, Lynchburg Location, 7705 

Timberlake Road, Lynchburg, VA, telephone (804) 582-

5120, 

5) Valley Regional Office, 4411 Early Road, Harrisonburg, 

VA, telephone (540) 574-7800, 

6) Piedmont Regional Office, 4949-A Cox Road, Glen 

Allen, VA, telephone (804) 527-5020, 

7) Northern Regional Office, 13901 Crown Court, 

Woodbridge, VA, telephone (703) 583-3800, and 

8) Tidewater Regional Office, 5636 Southern Blvd., 

Virginia Beach, VA, telephone (757) 518-2000. 

Contact for public comments, document requests, and 

additional information: Karen G. Sabasteanski, Policy 

Analyst, Office of Regulatory Affairs, Department of 

Environmental Quality, P.O. Box 1105, Richmond, VA 

23218, telephone (804) 698-4426, FAX (804) 698-4510, or 

email karen.sabasteanski@deq.virginia.gov. 

Total Maximum Daily Load for Washington County 

Purpose of notice: To seek public comment on (i) a draft 

permit from the Department of Environmental Quality (DEQ) 

that will allow the continued release of treated wastewater 

into a water body in Washington County, Virginia and (ii) a 

proposed modification to the completed total maximum daily 

load (TMDL) study for that same water body. 

First public notice issue date: February 13, 2012. 

Public comment period: February 13, 2012, to March 14, 

2012.

Permit name and number: Virginia Pollutant Discharge 

Elimination System Permit - Wastewater (VA0087378) 

issued by DEQ under the authority of the State Water Control 

Board. 

Name and address of applicant: Washington County Public 

Service Authority, 25122 Regal Drive, Abingdon, VA 24212. 

Name and address of facility: Hall Creek WWTP, 32430 Lee 

Highway, Glade Spring, VA 24340 

Project description - Permit reissuance: Washington County 

Service Authority has applied for reissuance of the referenced 

permit. The applicant proposes to release treated sewage 

wastewater at a rate of 0.95 million gallons per day (MGD) 

into Hall Creek in Washington County in the Lower Middle 

Fork Holston watershed. A watershed is the land area drained 

by a river and its incoming streams. The permit will limit the 

following pollutants to amounts that protect water quality: 

pH, BOD5, suspended solids, total residual chlorine, bacteria, 

ammonia nitrogen, and dissolved oxygen. The permit 

conditions and effluent limitations and monitoring 

requirements are being tiered for the existing design flow of 

0.63 MGD and the future design flow of 0.95 MGD. The 

sludge disposal plan consists of shipment of the stabilized and 

dewatered sludge to the BFI Carters' Valley Landfill in 

Hawkins County, Tennessee. 

How to comment and/or request a public hearing for the 

permit reissuance: DEQ accepts comments and requests for 

public hearing by email, fax, or postal mail. All comments 

and requests must be in writing and be received by DEQ 

during the comment period. Submittals must include the 

names, mailing addresses, and telephone numbers of the 

commenter/requester and of all persons represented by the 

commenter/requester. A request for public hearing must 

include: (i) the reason why a public hearing is requested; (ii) a 

brief, informal statement regarding the nature and extent of 

the interest of the requester or of those represented by the 

requestor, including how and to what extent such interest 

would be directly and adversely affected by the permit; and 

(iii) specific references, where possible, to terms and 

conditions of the permit with suggested revisions. DEQ may 

hold a public hearing, including another comment period, if 

public response is significant and there are substantial, 

disputed issues relevant to the permit. 

Project description - Cedar, Hall, Byers, and Hutton Creek 

TMDL (three creeks) study modifications: 

1) The TMDL for sediment was approved by the 

Environmental Protection Agency on June 17, 2004, and can 

be found at the following website: 

http://www.deq.virginia.gov/tmdl/apptmdls/tenbigrvr/mfholb

c.pdf. DEQ proposes to revise the sediment TMDL to 

accommodate the changes to the original TMDL accounting 

used to calculate the Hall Creek water quality TMDL 

allocations for TSS as outlined below. 

Volume 28, Issue 12 Virginia Register of Regulations February 13, 2012 

1033
Regulations 

permitted for a particular pollutant as specified in this 

subsection. The offset requirements in this section for direct 

PM2.5 emissions or emissions of precursors of PM2.5 may be 

satisfied by offsetting reductions in direct PM2.5 emissions or 

emissions of any PM2.5 precursor identified under subdivision 

c of the definition of "regulated NSR pollutant" if such offsets 

comply with the interprecursor trading hierarchy and ratio 

established in accordance with subsections N through P of 

this section for a particular nonattainment area.

N. The board may allow the offset requirement in subsection 

M of this section for direct PM2.5 emissions or precursors of 

PM2.5 to be satisfied by offsetting reductions in direct PM2.5

emissions or emissions of any PM2.5 precursor using a ratio 

approved by the board for the nonattainment area after public 

review and comment as provided in subsections O and P of 

this section. Prior to making a final determination on the 

interpollutant trading ratios for a nonattainment area, the 

board shall submit the interpollutant trading ratios and 

supporting information to the EPA Regional Office for 

approval.

O. Prior to the decision of the board, the offsetting ratio will 

be subject to a public comment period of at least 30 days. The 

board will notify the public, by notice on the department web 

page "Public Notices for Air Regulations," of the opportunity 

for public comment on the offsetting ratio and supporting 

information as available for public inspection under the 

provisions of subsection P of this section. The notification 

shall be published at least 30 days prior to the close of the 

public comment period.

P. Information on the offsetting ratio and supporting 

information, as well as the preliminary determination of the 

board, shall be available for public inspection during the 

entire public comment period on the department web page

"Public Notices for Air Regulations."

VA.R. Doc. No. R11-2833; Filed June 28, 2011, 1:46 p.m. 

Final Regulation 

REGISTRAR'S NOTICE: The State Air Pollution Control 

Board is claiming an exemption from the Administrative 

Process Act in accordance with § 2.2-4006 A 3, which 

excludes regulations that consist only of changes in style or 

form or corrections of technical errors. The State Air 

Pollution Control Board will receive, consider, and respond to 

petitions by any interested person at any time with respect to 

reconsideration or revision. 

Titles of Regulations: 9VAC5-40. Existing Stationary 

Sources (amending 9VAC5-40-5810, 9VAC5-40-5820, 

9VAC5-40-5850, 9VAC5-40-5880, 9VAC5-40-5920) (Rev. 

D-11). 

9VAC5-50. New and Modified Stationary Sources 

(amending 9VAC5-50-420) (Rev. D-11). 

9VAC5-130. Regulation for Open Burning (amending 

9VAC5-130-20, 9VAC5-130-40, 9VAC5-130-100) (Rev. D11). 

Statutory Authority: § 10.1-1308 of the Code of Virginia; 

Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and 182); 

40 CFR Parts 51 and 60. 

Effective Date: August 17, 2011. 

Agency Contact: Debra Miller, Department of Environmental 

Quality, 629 East Main Street, P.O. Box 1105, Richmond, 

VA 23218, telephone (804) 698-4206, FAX (804) 698-4346, 

or email debra.miller@deq.virginia.gov. 

Summary:

Amendment 7 to the Solid Waste Management Regulations 

recodified those regulations and created 9VAC20-81, 

which became effective March 16, 2011. This action 

updates the citations to the Solid Waste Management 

Regulations in the State Air Pollution Control Board's 

regulations.

9VAC5-40-5810. 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 

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

C. Terms defined. 

"Active collection system" means a gas collection system 

that uses gas mover equipment. 

"Active landfill" means a landfill in which solid waste is 

being placed or a landfill that is planned to accept waste in 

the future. 

"CERCLA" means the federal Comprehensive 

Environmental Response, Compensation and Liability Act 

(42 USC § 9601 et seq.). 

"Closed landfill" means a landfill in which solid waste is no 

longer being placed, and in which no additional solid wastes 

will be placed without first filing a notification of 

modification, as prescribed under 40 CFR 60.7(a)(4), with the 

board. Once a notification of modification has been filed, and 

additional solid waste is placed in the landfill, the landfill is 

no longer closed. 

"Closure" means that point in time when a landfill becomes 

a closed landfill. 

"Commenced" means that an owner has undertaken a 

continuous program of construction or modification or that an 

owner has entered into a contractual obligation to undertake 

Volume 27, Issue 23 Virginia Register of Regulations July 18, 2011 

2506 
Regulations 

and complete, within a reasonable time, a continuous program 

of construction or modification. 

"Commercial waste" means all types of solid waste 

generated by stores, offices, restaurants, warehouses, and 

other nonmanufacturing activities, excluding construction, 

household, and industrial wastes. 

"Construction" means fabrication, erection, or installation of 

an affected facility. 

"Controlled landfill" means any landfill at which collection 

and control systems are required under this article as a result 

of the nonmethane organic compounds emission rate. The 

landfill is considered controlled at the time a collection and 

control system design plan is submitted in compliance with 

9VAC5-40-5820 C 2 a. 

"Design capacity" means the maximum amount of solid 

waste a landfill can accept, as indicated in terms of volume or 

mass in the most recent permit issued by the department 

under Part VII (9VAC20-80-480 et seq.) of 9VAC20 Chapter 

80 (Solid Waste Management Regulations) Part V (9VAC20-

81-400 et seq.) of the Solid Waste Management Regulations, 

plus any in-place waste not accounted for in the most recent 

permit, or as calculated using good engineering practices 

acceptable to the board. If the owner chooses to convert the 

design capacity from volume to mass or from mass to volume 

to demonstrate that its design capacity is less than (i) 1.0 

million megagrams or 1.0 million cubic meters in the 

Northern Virginia Volatile Organic Compound Emissions 

Control Area or (ii) 2.5 million megagrams or 2.5 million 

cubic meters in the remaining areas of the Commonwealth, 

the calculation must include a site-specific density, which 

must be recalculated annually. 

"Disposal facility" means all contiguous land and structures, 

other appurtenances, and improvements on the land used for 

the disposal of solid waste. 

"Emission rate cutoff" means the threshold annual emission 

rate to which a landfill compares its estimated emission rate 

to determine if control under the regulation is required. 

"Enclosed combustor" means an enclosed firebox which 

maintains a relatively constant limited peak temperature 

generally using a limited supply of combustion air. An 

enclosed flare is considered an enclosed combustor. 

"Federal operating permit" means a permit issued under 

Article 1 (9VAC5-80-50 et seq.) of Part II of 9VAC5 Chapter 

80. 

"Flare" means an open combustor without enclosure or 

shroud. 

"Gas mover equipment" means the equipment (i.e., fan, 

blower, compressor) used to transport landfill gas through the 

header system. 

"Household waste" mean any solid waste, including 

garbage, trash and refuse, derived from households 

(including, but not limited to, single and multiple residences, 

hotels and motels, bunkhouses, ranger stations, crew quarters, 

campgrounds, picnic grounds and day-use recreational areas). 

For the purposes of determining capacity as required by 

9VAC5-40-5820 and NMOC emission rates as required by 

9VAC5-40-5860, household waste includes sanitary waste 

(septage) in septic tanks. 

"Industrial solid waste" means any solid waste generated by 

manufacturing or industrial processes that is not a hazardous 

waste regulated under Subtitle C (42 USC § 6921 et seq.) of 

RCRA (as reflected in 40 CFR Parts 264 and 265) and 

implemented by the department in 9VAC20 Chapter 60 

(9VAC20-60, Virginia Hazardous Waste Management 

Regulations). Such waste may include, but is not limited to, 

waste resulting from the following manufacturing processes: 

electric power generation; fertilizer and agricultural 

chemicals; food and related products and byproducts; 

inorganic chemicals; iron and steel manufacturing; leather 

and leather products; nonferrous metals manufacturing and 

foundries; organic chemicals; plastics and resins 

manufacturing; pulp and paper industry; rubber and 

miscellaneous plastic products; stone, glass, clay, and 

concrete products; textile manufacturing; transportation 

equipment; and water treatment. This term does not include 

mining waste or oil and gas waste. 

"Interior well" means any well or similar collection 

component located inside the perimeter of the landfill waste. 

A perimeter well located outside the landfilled waste is not an 

interior well. 

"Landfill" means an area of land or an excavation in which 

wastes are placed for permanent disposal, and that is not a 

land application unit, surface impoundment, injection well, or 

waste pile as those terms are defined under 9VAC20-80-10

9VAC20-81. 

"Landfill gas" means any gas derived from the 

decomposition of organic waste deposited in an MSW landfill 

or from the evolution of volatile organic species in the waste. 

Emissions from MSW landfills is equivalent to landfill gas 

emissions. 

"Lateral expansion" means a horizontal expansion of the 

waste boundaries of an existing MSW landfill. A lateral 

expansion is not a modification unless it results in an increase 

in the design capacity of the landfill. 

"Modification" means an increase in the permitted volume 

design capacity of the landfill by either horizontal or vertical 

expansion based on its permitted design capacity as of May 

30, 1991. Modification does not occur until the owner 

commences construction on the horizontal or vertical 

expansion. 

Volume 27, Issue 23 Virginia Register of Regulations July 18, 2011 

2507
Regulations 

"Municipal solid waste landfill" or "MSW landfill" means 

an entire disposal facility in a contiguous geographical space 

where household waste is placed in or on land. An MSW 

landfill may also receive other types of solid wastes regulated 

under Subtitle D (42 USC § 6941 et seq.) of RCRA (as 

reflected in 40 CFR 257.2) and implemented by the 

department in 9VAC20-80-250 9VAC20-81 (Solid Waste 

Management Regulations) such as commercial solid waste, 

nonhazardous sludge, conditionally exempt small quantity 

generator waste, and nonhazardous industrial solid waste. 

Portions of an MSW landfill may be separated by access 

roads. An MSW landfill may be publicly or privately owned. 

An MSW landfill may be a new MSW landfill, an existing 

MSW landfill, or a lateral expansion. 

"Municipal solid waste landfill emissions" or "MSW landfill 

emissions" means gas generated by the decomposition of 

organic waste deposited in an MSW landfill or derived from 

the evolution of organic compounds in the waste. 

"NMOC" means nonmethane organic compounds, as 

measured according to the provisions of 9VAC5-40-5860 B 

through E. 

"Nondegradable waste" means any waste that does not 

decompose through chemical breakdown or microbiological 

activity. Examples include, but are not limited to, concrete, 

municipal waste combustor ash, and metals. 

"Passive collection system" means a gas collection system 

that solely uses positive pressure within the landfill to move 

the gas rather than using gas mover equipment. 

"RCRA" means the federal Resource Conservation and 

Recovery Act (42 USC § 6901 et seq.). 

"Refuse" means trash, rubbish, garbage, and other forms of 

solid or liquid waste, including, but not limited to, wastes 

resulting from residential, agricultural, commercial, 

industrial, institutional, trade, construction, land clearing, 

forest management, and emergency operations. 

"Sludge" means any solid, semi-solid, or liquid waste 

generated from a municipal, commercial, or industrial 

wastewater treatment plant, water supply treatment plant, or 

air pollution control facility exclusive of the treated effluent 

from a wastewater treatment plant. 

"Solid waste" means any garbage, sludge from a wastewater 

treatment plant, water supply treatment plant, or air pollution 

control facility and other discarded material, including solid, 

liquid, semi-solid, or contained gaseous material resulting 

from industrial, commercial, mining, and 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 33 USC § 1342, or source, special nuclear, or 

byproduct material as defined by the Atomic Energy Act of 

1954 (42 USC § 2011 et seq.). For more detail, see Part III 

(9VAC20-80-130 et seq.) of 9VAC20 Chapter 80 (Solid 

Waste Management Regulations) 9VAC20-81-95 of the Solid 

Waste Management Regulations. 

"Sufficient density" means any number, spacing, and 

combination of collection system components, including 

vertical wells, horizontal collectors, and surface collectors, 

necessary to maintain emission and migration control as 

determined by measures of performance set forth in this part. 

"Sufficient extraction rate" means a rate sufficient to 

maintain a negative pressure at all wellheads in the collection 

system without causing air infiltration, including any 

wellheads connected to the system as a result of expansion or 

excess surface emissions, for the life of the blower. 

9VAC5-40-5820. Standard for air emissions. 

A. This section shall apply to affected facilities that have 

accepted waste any time since November 8, 1987, or have 

additional design capacity available for future waste 

deposition, and meet the design capacity and emission rate 

applicability criteria in subdivisions A 1 or A 2 of this 

section. 

1. For affected facilities located in the Northern Virginia 

Volatile Organic Compound Emissions Control Area as 

designated in 9VAC5-20-206: 

a. A design capacity greater than or equal to 1.0 million 

megagrams and 1.0 million cubic meters; and 

b. A nonmethane organic compound emission rate of 23 

megagrams per year or more as determined using test 

procedures under 9VAC5-40-5860. 

2. For affected facilities located in the remaining areas of 

the Commonwealth: 

a. A design capacity greater than or equal to 2.5 million 

megagrams or 2.5 million cubic meters; and 

b. A nonmethane organic compound emission rate of 50 

megagrams per year or more as determined using test 

procedures under 9VAC5-40-5860. 

B. Each owner of an MSW landfill having a design capacity 

less than (i) 1.0 million megagrams or 1.0 million cubic 

meters in the Northern Virginia Volatile Organic Compound 

Emissions Control Area or (ii) 2.5 million megagrams or 2.5 

million cubic meters in the remaining areas of the 

Commonwealth shall submit an initial design capacity report 

to the board as provided in 9VAC5-40-5880 C no later than 

June 30, 1999. The landfill may calculate design capacity in 

either megagrams or cubic meters for comparison with the 

design capacity applicability criteria in subsection A of this 

section. Any density conversions shall be documented and 

submitted with the report. Submittal of the initial design 

capacity report shall fulfill the requirements of this article 

Volume 27, Issue 23 Virginia Register of Regulations July 18, 2011 

2508 
Regulations 

except as provided for in subdivisions B 1 and B 2 of this 

section. 

1. The owner shall submit to the board an amended design 

capacity report, as provided for in 9VAC5-40-5880 C 3. If 

the design capacity increase is the result of a modification, 

as defined in 9VAC5-40-5810 C, that was commenced on 

or after May 30, 1991, the landfill is subject to the new 

source performance standard in Article 5 of 9VAC5 

Chapter 50 (9VAC5-50-410) instead of this article. If the 

design capacity increase is the result of a change in 

operating practices, density, or some other change that is 

not a modification, the landfill remains subject to this 

article. 

2. When an increase in the maximum design capacity of a 

landfill exempted from the provisions of 9VAC5-40-5820 

C, 9VAC5-40-5822, 9VAC5-40-5824, 9VAC5-40-5850, 

9VAC5-40-5860, 9VAC5-40-5870, 9VAC5-40-5880, and 

9VAC5-40-5890 on the basis of the design capacity 

applicability criteria in subsection A of this section results 

in a revised maximum design capacity equal to or greater 

than (i) 1.0 million megagrams or 1.0 million cubic meters 

in the Northern Virginia Volatile Organic Compound 

Emissions Control Area or (ii) 2.5 million megagrams or 

2.5 million cubic meters in the remaining areas of the 

Commonwealth, the owner shall comply with the 

provisions of subsection C of this section. 

C. Each owner of an MSW landfill having a design capacity 

greater than or equal to (i) 1.0 million megagrams and 1.0 

million cubic meters in the Northern Virginia Volatile 

Organic Compound Emissions Control Area or (ii) 2.5 

million megagrams and 2.5 million cubic meters in the 

remaining areas of the Commonwealth shall either install a 

collection and control system as provided in subdivision C 2 

of this section or calculate an initial NMOC emission rate for 

the landfill using the procedures specified in 9VAC5-40-

5860. The NMOC emission rate shall be recalculated 

annually, except as provided in 9VAC5-40-5880 D 1 b. 

1. If the calculated NMOC emission rate is less than (i) 23 

megagrams per year in the Northern Virginia Volatile 

Organic Compound Emissions Control Area or (ii) 50 

megagrams per year in the remaining areas of the 

Commonwealth, the owner shall: 

a. Submit an annual emission report to the board, except 

as provided for in 9VAC5-40-5880 D 1 b; and 

b. Recalculate the NMOC emission rate annually using 

the procedures specified in 9VAC5-40-5860 B 1 until 

such time as the calculated NMOC emission rate is 

greater than or equal to (i) 23 megagrams per year in the 

Northern Virginia Volatile Organic Compound 

Emissions Control Area or (ii) 50 megagrams per year in 

the remaining areas of the Commonwealth, or the landfill 

is closed. 

(1) If the NMOC emission rate, upon initial calculation 

or annual recalculation required in subdivision C 1 b of 

this section, is greater than or equal to (i) 23 megagrams 

per year in the Northern Virginia Volatile Organic 

Compound Emissions Control Area or (ii) 50 megagrams 

per year in the remaining areas of the Commonwealth, 

the owner shall install a collection and control system in 

compliance with subdivision C 2 of this section. 

(2) If the landfill is permanently closed, a closure 

notification shall be submitted to the board as provided 

for in 9VAC5-40-5880 F. 

2. If the calculated NMOC emission rate is greater than or 

equal to (i) 23 megagrams per year in the Northern 

Virginia Volatile Organic Compound Emissions Control 

Area or (ii) 50 megagrams per year in the remaining areas 

of the Commonwealth, the owner shall: 

a. Submit a collection and control system design plan 

prepared by a professional engineer to the board within 

one year: 

(1) The collection and control system as described in the 

plan shall meet the design requirements of subdivision C 

2 b of this section. 

(2) The collection and control system design plan shall 

include any alternatives to the operational standards, test 

methods, procedures, compliance measures, monitoring, 

recordkeeping or reporting provisions of 9VAC5-40-

5822, 9VAC5-40-5850, 9VAC5-40-5860, 9VAC5-40-

5870, 9VAC5-40-5880, and 9VAC5-40-5890 proposed 

by the owner. 

(3) The collection and control system design plan shall 

either conform with specifications for active collection 

systems in 9VAC5-40-5824 or include a demonstration 

to the board's satisfaction of the sufficiency of the 

alternative provisions to 9VAC5-40-5824. 

(4) The board will review the information submitted 

under subdivisions C 2 a (1), (2) and (3) of this section 

and either approve it, disapprove it, or request that 

additional information be submitted. Because of the 

many site-specific factors involved with landfill gas 

system design, alternative systems may be necessary. A 

wide variety of system designs are possible, such as 

vertical wells, combination horizontal and vertical 

collection systems, or horizontal trenches only, leachate 

collection components, and passive systems. All design 

plan changes shall be submitted to the board and may be 

implemented only upon approval of the board. 

b. Install a collection and control system that captures the 

gas generated within the landfill as required by 

subdivision C 2 b (1) or (2) of this section within 30 

months after the first annual report in which the emission 

rate equals or exceeds (i) 23 megagrams per year in the 

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Northern Virginia Volatile Organic Compound 

Emissions Control Area or (ii) 50 megagrams per year in 

the remaining areas of the Commonwealth, unless Tier 2 

or Tier 3 sampling demonstrates that the emission rate is 

less than (a) 23 megagrams per year in the Northern 

Virginia Volatile Organic Compound Emissions Control 

Area or (b) 50 megagrams per year in the remaining 

areas of the Commonwealth, as specified in 9VAC5-40-

5880 E 1 or E 2. 

(1) An active collection system shall: 

(a) Be designed to handle the maximum expected gas 

flow rate from the entire area of the landfill that warrants 

control over the intended use period of the gas control or 

treatment system equipment; 

(b) Collect gas from each area, cell, or group of cells in 

the landfill in which the initial solid waste has been 

placed for a period of: 

(i) Five years or more if active; or 

(ii) Two years or more if closed or at final grade; 

(c) Collect gas at a sufficient extraction rate; 

(d) Be designed to minimize off-site migration of 

subsurface gas. 

(2) A passive collection system shall: 

(a) Comply with the provisions specified in subdivisions 

C 2 b (1) (a), (b), and (d) of this section. 

(b) Be installed with liners on the bottom and all sides in 

all areas in which gas is to be collected. The liners shall 

be installed as required under 9VAC20-80-250 B

9VAC20-81-130. 

c. Route all the collected gas to a control system that 

complies with the requirements in either subdivision C 2 

c (1), (2) or (3) of this section. 

(1) An open flare designed and operated in accordance 

with 40 CFR 60.18. 

(2) A control system designed and operated to reduce 

NMOC by 98 weight-percent, or, when an enclosed 

combustion device is used for control, to either reduce 

NMOC by 98 weight-percent or reduce the outlet NMOC 

concentration to less than 20 parts per million by volume, 

dry basis as hexane at 3.0% oxygen. The reduction 

efficiency or parts per million by volume shall be 

established by an initial compliance test to be completed 

no later than 180 days after the initial startup of the 

approved control system using the test methods specified 

in 9VAC5-40-5860 E. 

(a) If a boiler or process heater is used as the control 

device, the landfill gas stream shall be introduced into the 

flame zone. 

(b) The control device shall be operated within the 

parameter ranges established during the initial or most 

recent compliance test. The operating parameters to be 

monitored are specified in 9VAC5-40-5870. 

(3) Route the collected gas to a treatment system that 

processes the collected gas for subsequent sale or use. All 

emissions from any atmospheric vent from the gas 

treatment system shall be subject to the requirements of 

subdivision C 2 c (1) or (2) of this section. 

d. Operate the collection and control device installed to 

comply with this article in accordance with the 

provisions of 9VAC5-40-5822, 9VAC5-40-5850, and 

9VAC5-40-5870. 

e. The collection and control system may be capped or 

removed provided that all the conditions of subdivisions 

C 2 e (1), (2), and (3) of this section are met: 

(1) The landfill shall be a closed landfill as defined in 

9VAC5-40-5810 and under the requirements of 

9VAC20-80-250 E 9VAC20-81-160. A closure report 

shall be submitted to the board as provided in 9VAC5-

40-5880 F; 

(2) The collection and control system shall have been in 

operation a minimum of 15 years; and 

(3) Following the procedures specified in 9VAC5-40-

5860 C, the calculated NMOC gas produced by the 

landfill shall be less than (i) 23 megagrams per year in 

the Northern Virginia Volatile Organic Compound 

Emissions Control Area or (ii) 50 megagrams per year in 

the remaining areas of the Commonwealth on three 

successive test dates. The test dates shall be no less than 

90 days apart and no more than 180 days apart. 

D. When an MSW landfill subject to this article is closed, 

the owner is no longer subject to the requirement to maintain 

a federal operating permit for the landfill if the landfill is not 

otherwise subject to federal operating permit requirements if 

either of the following conditions are met: 

1. The landfill was never subject to the requirement for a 

control system under 9VAC5-40-5820 C 2; or 

2. The owner meets the conditions for control system 

removal specified in 9VAC5-40-5820 C 2 e. 

9VAC5-40-5850. Compliance. 

A. The provisions of 9VAC5-40-20 (Compliance) apply. 

B. Owners subject to 9VAC5-40-5820 shall comply with the 

provisions of Part V (9VAC20-80-240 et seq.) Part III 

(9VAC20-81-100 et seq.) of 9VAC20 Chapter 80 81 (Solid 

Waste Management Regulations) pertaining to the control of 

landfill gases. 

C. Except as provided in 9VAC5-40-5820 C 2 a (2), the 

specified methods in subdivisions C 1 through C 6 of this 

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section shall be used to determine whether the gas collection 

system is in compliance with 9VAC5-40-5820 C 2 b. 

1. For the purposes of calculating the maximum expected 

gas generation flow rate from the landfill to determine 

compliance with 9VAC5-40-5820 C 2 b (1) (a), one of the 

following equations shall be used. The k and L sub0 

kinetic factors should be those published in the 

"Compilation of Air Pollutant Emission Factors (AP-42)" 

(see 9VAC5-20-21) or other site-specific values 

demonstrated to be appropriate and approved by the board. 

If k has been determined as specified in 9VAC5-40-5860 B 

4, the value of k determined from the test shall be used. A 

value of no more than 15 years shall be used for the 

intended use period of the gas mover equipment. The 

active life of the landfill is the age of the landfill plus the 

estimated number of years until closure. 

a. For sites with unknown year-to-year solid waste 

acceptance rate: 

QM = 2L0R(e-kc - e-kt) 

where 

QM = maximum expected gas generation flow rate, cubic 

meters per year 

L0 = methane generation potential, cubic meters per 

megagram solid waste 

R = average annual acceptance rate, megagrams per year 

k = methane generation rate constant, year-1

t = age of the landfill at equipment installation plus the 

time the owner or operator intends to use the gas mover 

equipment or active life of the landfill, whichever is less. 

If the equipment is installed after closure, t is the age of 

the landfill at installation, years 

c = time since closure, years (for an active landfill c = 0 

and e-kc = 1) 

b. For sites with known year-to-year solid waste 

acceptance rate: 

where 

QM = maximum expected gas generation flow rate, cubic 

meters per year 

k = methane generation rate constant, year-1

L0 = methane generation potential, cubic meters per 

megagram solid waste 

Mi = mass of solid waste in the ith section, megagrams 

ti = age of the ith section, years 

c. If a collection and control system has been installed, 

actual flow data may be used to project the maximum 

expected gas generation flow rate instead of, or in 

conjunction with, the equations in subdivisions C 1 a and 

b of this section. If the landfill is still accepting waste, 

the actual measured flow data will not equal the 

maximum expected gas generation rate, so calculations 

using the equations in subdivisions C 1 a or b of this 

section or other methods acceptable to the board shall be 

used to predict the maximum expected gas generation 

rate over the intended period of use of the gas control 

system equipment. 

2. For the purposes of determining sufficient density of gas 

collectors for compliance with 9VAC5-40-5820 C 2 b (1) 

(b), the owner shall design a system of vertical wells, 

horizontal collectors, or other collection devices, 

acceptable to the board, capable of controlling and 

extracting gas from all portions of the landfill sufficient to 

meet all operational and performance standards. 

3. For the purpose of demonstrating whether the gas 

collection system flow rate is sufficient to determine 

compliance with 9VAC5-40-5820 C 2 b (1) (c), the owner 

shall measure gauge pressure in the gas collection header 

at each individual well, monthly. If a positive pressure 

exists, action shall be initiated to correct the exceedance 

within five calendar days, except for the three conditions 

allowed under 9VAC5-40-5822 A 2. If negative pressure 

cannot be achieved without excess air infiltration within 15 

calendar days of the first measurement, the gas collection 

system shall be expanded to correct the exceedance within 

120 days of the initial measurement of positive pressure. 

Any attempted corrective measure shall not cause 

exceedances of other operational or performance standards. 

An alternative timeline for correcting the exceedance may 

be submitted to the board for approval. 

4. Owners are not required to expand the system as 

required in subdivision C 3 of this section during the first 

180 days after gas collection system startup. 

5. For the purpose of identifying whether excess air 

infiltration into the landfill is occurring, the owner shall 

monitor each well monthly for temperature and nitrogen or 

oxygen as provided in 9VAC5-40-5822 A 3. If a well 

exceeds one of these operating parameters, action shall be 

initiated to correct the exceedance within five calendar 

days. If correction of the exceedance cannot be achieved 

within 15 calendar days of the first measurement, the gas 

collection system shall be expanded to correct the 

exceedance within 120 days of the initial exceedance. Any 

attempted corrective measure shall not cause exceedances 

of other operational or performance standards. An 

alternative timeline for correcting the exceedance may be 

submitted to the board for approval. 
Regulations 

6. An owner seeking to demonstrate compliance with 

9VAC5-40-5820 C 2 b (1) (d) through the use of a 

collection system not conforming to the specifications 

provided in 9VAC5-40-5824 shall provide information 

acceptable to the board as specified in 9VAC5-40-5820 C 

2 a (3) demonstrating that off-site migration is being 

controlled. 

D. For purposes of compliance with 9VAC5-40-5822 A 1, 

each owner of a controlled landfill shall place each well or 

design component as specified in the approved design plan as 

provided in 9VAC5-40-5820 C 2 a. Each well shall be 

installed no later than 60 days after the date on which the 

initial solid waste has been in place for a period of: 

1. Five years or more if active; or 

2. Two years or more if closed or at final grade. 

E. The following procedures shall be used for compliance 

with the surface methane operational standard as provided in 

9VAC5-40-5822 A 4. 

1. After installation of the collection system, the owner 

shall monitor surface concentrations of methane along the 

entire perimeter of the collection area and along a pattern 

that traverses the landfill at 30-meter intervals (or a sitespecific established spacing) for each collection area on a 

quarterly basis using an organic vapor analyzer, flame 

ionization detector, or other portable monitor meeting the 

specifications provided in subsection F of this section. 

2. The background concentration shall be determined by 

moving the probe inlet upwind and downwind outside the 

boundary of the landfill at a distance of at least 30 meters 

from the perimeter wells. 

3. Surface emission monitoring shall be performed in 

accordance with § 4.3.1 of Reference Method 21 of 

Appendix A of 40 CFR Part 60, except that the probe inlet 

shall be placed within 5 to 10 centimeters of the ground. 

Monitoring shall be performed during typical 

meteorological conditions. 

4. Any reading of 500 parts per million or more above 

background at any location shall be recorded as a 

monitored exceedance and the actions specified in 

subdivisions E 4 a through e of this section shall be taken. 

As long as the specified actions are taken, the exceedance 

is not a violation of the operational requirements of 

9VAC5-40-5822 A 4. 

a. The location of each monitored exceedance shall be 

marked and the location recorded. 

b. Cover maintenance or adjustments to the vacuum of 

the adjacent wells to increase the gas collection in the 

vicinity of each exceedance shall be made and the 

location shall be remonitored within 10 calendar days of 

detecting the exceedance. 

c. If the remonitoring of the location shows a second 

exceedance, additional corrective action shall be taken 

and the location shall be monitored again within 10 days 

of the second exceedance. If the remonitoring shows a 

third exceedance for the same location, the action 

specified in subdivision E 4 e of this section shall be 

taken, and no further monitoring of that location is 

required until the action specified in subdivision E 4 e of 

this section has been taken. 

d. Any location that initially showed an exceedance but 

has a methane concentration less than 500 parts per 

million methane above background at the 10-day 

remonitoring specified in subdivision E 4 b or c of this 

section shall be remonitored one month from the initial 

exceedance. If the one-month remonitoring shows a 

concentration less than 500 parts per million above 

background, no further monitoring of that location is 

required until the next quarterly monitoring period. If the 

1-month remonitoring shows an exceedance, the actions 

specified in subdivision E 4 c or e of this section shall be 

taken. 

e. For any location where monitored methane 

concentration equals or exceeds 500 parts per million 

above background three times within a quarterly period, 

a new well or other collection device shall be installed 

within 120 calendar days of the initial exceedance. An 

alternative remedy to the exceedance, such as upgrading 

the blower, header pipes or control device, and a 

corresponding timeline for installation may be submitted 

to the board for approval. 

5. The owner shall implement a program to monitor for 

cover integrity and implement cover repairs as necessary 

on a monthly basis. 

F. Each owner seeking to comply with the provisions in 

subsection E of this section shall comply with the following 

instrumentation specifications and procedures for surface 

emission monitoring devices: 

1. The portable analyzer shall meet the instrument 

specifications provided in § 3 of Reference Method 21 of 

Appendix A of 40 CFR Part 60, except that "methane" 

shall replace all references to VOC. 

2. The calibration gas shall be methane, diluted to a 

nominal concentration of 500 parts per million in air. 

3. To meet the performance evaluation requirements in 

§ 3.1.3 of Reference Method 21 of Appendix A of 40 CFR 

Part 60, the instrument evaluation procedures of § 4.4 of 

Reference Method 21 of Appendix A of 40 CFR Part 60 

shall be used. 

4. The calibration procedures provided in § 4.2 of 

Reference Method 21 of Appendix A of 40 CFR Part 60 

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shall be followed immediately before commencing a 

surface monitoring survey. 

G. The provisions of this article apply at all times, except 

during periods of startup, shutdown, or malfunction, provided 

that the duration of startup, shutdown, or malfunction shall 

not exceed five days for collection systems and shall not 

exceed one hour for treatment or control devices. This 

subsection shall not apply to the emission standards set forth 

in 9VAC5-40-5830 and 9VAC5-40-5840. 

H. With regard to startup, shutdown, and malfunction, the 

provisions of 9VAC5-40-5850 A and 9VAC5-40-5910 shall 

apply to the emission standards set forth in 9VAC5-40-5830 

and 9VAC5-40-5840. 

9VAC5-40-5880. Reporting. 

A. The provisions of 9VAC5-40-5840 (Notification, records 

and reporting) apply. 

B. Except as provided in 9VAC5-40-5820 C 2 a (2), the 

provisions of subsections C through I of this section apply. 

C. Each owner subject to the requirements of this article 

shall submit an initial design capacity report to the board. 

1. The initial design capacity report shall be submitted no 

later than June 30, 1999. 

2. The initial design capacity report shall contain the 

following information: 

a. A map or plot of the landfill, providing the size and 

location of the landfill, and identifying all areas where 

solid waste may be landfilled according to the permit 

issued by the department under Part VII (9VAC20-80-

480 et seq.) Part V (9VAC20-81-400 et seq.) of 9VAC20 

Chapter 80 81 (Solid Waste Management Regulations); 

b. The maximum design capacity of the landfill. Where 

the maximum design capacity is specified in a permit 

issued by the department under Part VII (9VAC20-80-

480 et seq.) Part V (9VAC20-81-400 et seq.) of 9VAC20 

Chapter 80 81 (Solid Waste Management Regulations), a 

copy of the permit specifying the maximum design 

capacity may be submitted as part of the report. If the 

maximum design capacity of the landfill is not specified 

in the permit, the maximum design capacity shall be 

calculated using good engineering practices acceptable to 

the board. The calculations shall be provided, along with 

the relevant parameters as part of the report. The board 

may request other reasonable information as may be 

necessary to verify the maximum design capacity of the 

landfill. 

3. An amended design capacity report shall be submitted to 

the board providing notification of an increase in the 

design capacity of the landfill within 90 days of an increase 

in the maximum design capacity of the landfill to or above 

(i) 1.0 million megagrams and 1.0 million cubic meters in 

the Northern Virginia Volatile Organic Compound 

Emissions Control Area or (ii) 2.5 million megagrams and 

2.5 million cubic meters in the remaining areas of the 

Commonwealth. This increase in design capacity may 

result from an increase in the permitted volume of the 

landfill or an increase in the density as documented in the 

annual recalculation required in 9VAC5-40-5890 H. 

D. Each owner subject to the requirements of this article 

shall submit an NMOC emission rate report to the board 

initially and annually thereafter, except as provided for in 

subdivisions D 1 b or D 3 of this section. The board may 

request such additional information as may be necessary to 

verify the reported NMOC emission rate. 

1. The NMOC emission rate report shall contain an annual 

or five-year estimate of the NMOC emission rate 

calculated using the formula and procedures provided in 

9VAC5-40-5860 B or C, as applicable. 

a. The initial NMOC emission rate report shall be 

submitted by June 30, 1999, and may be combined with 

the initial design capacity report required in subsection C 

of this section. Subsequent NMOC emission rate reports 

shall be submitted annually thereafter, except as provided 

for in subdivisions D 1 b and D 3 of this section. 

b. If the estimated NMOC emission rate as reported in 

the annual report to the board is less than (i) 23 

megagrams per year in the Northern Virginia Volatile 

Organic Compound Emissions Control Area or (ii) 50 

megagrams per year in the remaining areas of the 

Commonwealth in each of the next five consecutive 

years, the owner may elect to submit an estimate of the 

NMOC emission rate for the next five-year period in lieu 

of the annual report. This estimate shall include the 

current amount of solid waste-in-place and the estimated 

waste acceptance rate for each year of the five years for 

which an NMOC emission rate is estimated. All data and 

calculations upon which this estimate is based shall be 

provided to the board. This estimate shall be revised at 

least once every five years. If the actual waste acceptance 

rate exceeds the estimated waste acceptance rate in any 

year reported in the five-year estimate, a revised fiveyear estimate shall be submitted to the board. The revised 

estimate shall cover the five-year period beginning with 

the year in which the actual waste acceptance rate 

exceeded the estimated waste acceptance rate. 

2. The NMOC emission rate report shall include all the 

data, calculations, sample reports and measurements used 

to estimate the annual or five-year emissions. 

3. Each owner subject to the requirements of this article is 

exempted from the requirements of subdivisions D 1 and 2 

of this section, after the installation of a collection and 

control system in compliance with 9VAC5-40-5820 C 2, 

during such time as the collection and control system is in 

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operation and in compliance with 9VAC5-40-5822 and 

9VAC5-40-5850. 

E. Each owner subject to the provisions of 9VAC5-40-5820 

C 2 a shall submit a collection and control system design plan 

to the board within one year of the first report, required under 

subdivision D of this section, in which the emission rate is 

greater than or equal to (i) 23 megagrams per year in the 

Northern Virginia Volatile Organic Compound Emissions 

Control Area or (ii) 50 megagrams per year in the remaining 

areas of the Commonwealth, except as follows: 

1. If the owner elects to recalculate the NMOC emission 

rate after Tier 2 NMOC sampling and analysis as provided 

in 9VAC5-40-5860 B 3 and the resulting rate is less than 

(i) 23 megagrams per year in the Northern Virginia 

Volatile Organic Compound Emissions Control Area or (ii) 

50 megagrams per year in the remaining areas of the 

Commonwealth, annual periodic reporting shall be 

resumed, using the Tier 2 determined site-specific NMOC 

concentration, until the calculated emission rate is greater 

than or equal to (i) 23 megagrams per year in the Northern 

Virginia Volatile Organic Compound Emissions Control 

Area or (ii) 50 megagrams per year in the remaining areas 

of the Commonwealth, or the landfill is closed. The revised 

NMOC emission rate report, with the recalculated emission 

rate based on NMOC sampling and analysis, shall be 

submitted within 180 days of the first calculated 

exceedance of the emission rate applicability criteria. 

2. If the owner elects to recalculate the NMOC emission 

rate after determining a site-specific methane generation 

rate constant (k), as provided in Tier 3 in 9VAC5-40-5860 

B 4, and the resulting NMOC emission rate is less than (i) 

23 megagrams per year in the Northern Virginia Volatile 

Organic Compound Emissions Control Area or (ii) 50 

megagrams per year in the remaining areas of the 

Commonwealth, annual periodic reporting shall be 

resumed. The resulting site-specific methane generation 

rate constant (k) shall be used in the emission rate 

calculation until such time as the emissions rate calculation 

results in an exceedance. The revised NMOC emission rate 

report based on the provisions of 9VAC5-40-5860 B 4 and 

the resulting site-specific methane generation rate constant 

(k) shall be submitted to the board within one year of the 

first calculated emission rate exceeding (i) 23 megagrams 

per year in the Northern Virginia Volatile Organic 

Compound Emissions Control Area or (ii) 50 megagrams 

per year in the remaining areas of the Commonwealth. 

F. Each owner of a controlled landfill shall submit a closure 

report to the board within 30 days of waste acceptance 

cessation. The board may request additional information as 

may be necessary to verify that permanent closure has taken 

place in accordance with the requirements of 9VAC20-80-

250 E 9VAC20-81-160. If a closure report has been 

submitted to the board, no additional wastes may be placed 

into the landfill without obtaining a permit issued by the 

department under Part VII (9VAC20-80-480 et seq.) Part V 

(9VAC20-81-400 et seq.) of 9VAC20 Chapter 80 81 (Solid 

Waste Management Regulations). 

G. Each owner of a controlled landfill shall submit an 

equipment removal report to the board 30 days prior to 

removal or cessation of operation of the control equipment. 

1. The equipment removal report shall contain all of the 

following items: 

a. A copy of the closure report submitted in accordance 

with subsection F of this section; 

b. A copy of the initial compliance test report 

demonstrating that the 15-year minimum control period 

has expired; and 

c. Dated copies of three successive NMOC emission rate 

reports demonstrating that the landfill is no longer 

producing (i) 23 megagrams or greater of NMOC per 

year in the Northern Virginia Volatile Organic 

Compound Emissions Control Area or (ii) 50 megagrams 

or greater of NMOC per year in the remaining areas of 

the Commonwealth. 

2. The board may request such additional information as 

may be necessary to verify that all of the conditions for 

removal in 9VAC5-40-5820 C 2 e have been met. 

H. Each owner of a landfill seeking to comply with 9VAC5-

40-5820 C 2 using an active collection system designed in 

accordance with 9VAC5-40-5820 C 2 b shall submit to the 

board annual reports of the recorded information in 

subdivisions H 1 through H 6 of this section. The initial 

annual report shall be submitted within 180 days of 

installation and startup of the collection and control system, 

and shall include the initial compliance test report. For 

enclosed combustion devices and flares, reportable 

exceedances are defined under 9VAC5-40-5890 E. 

1. Value and length of time for exceedance of applicable 

parameters monitored under 9VAC5-40-5870 C, D, E, and 

F. 

2. Description and duration of all periods when the gas 

stream is diverted from the control device through a bypass 

line or the indication of bypass flow as specified under 

9VAC5-40-5870. 

3. Description and duration of all periods when the control 

device was not operating for a period exceeding one hour 

and length of time the control device was not operating. 

4. All periods when the collection system was not 

operating in excess of five days. 

5. The location of each exceedance of the 500 parts per 

million methane concentration as provided in 9VAC5-40-

5822 A 4 and the concentration recorded at each location 

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for which an exceedance was recorded in the previous 

month. 

6. The date of installation and the location of each well or 

collection system expansion added pursuant to 

subdivisions C 3, D, and E 4 of 9VAC5-40-5850. 

I. Each owner seeking to comply with 9VAC5-40-5820 C 2 

a shall include the following information with the initial 

compliance test report: 

1. A diagram of the collection system showing collection 

system positioning including all wells, horizontal 

collectors, surface collectors, or other gas extraction 

devices, including the locations of any areas excluded from 

collection and the proposed sites for the future collection 

system expansion; 

2. The data upon which the sufficient density of wells, 

horizontal collectors, surface collectors, or other gas 

extraction devices and the gas mover equipment sizing are 

based; 

3. The documentation of the presence of asbestos or 

nondegradable material for each area from which 

collection wells have been excluded based on the presence 

of asbestos or nondegradable material; 

4. The sum of the gas generation flow rates for all areas 

from which collection wells have been excluded based on 

nonproductivity and the calculations of gas generation flow 

rate for each excluded area; and 

5. The provisions for increasing gas mover equipment 

capacity with increased gas generation flow rate, if the 

present gas mover equipment is inadequate to move the 

maximum flow rate expected over the life of the landfill; 

and 

6. The provisions for the control of off-site migration. 

9VAC5-40-5920. Permits. 

A. A permit may be required prior to beginning any of the 

activities specified below if the provisions of 9VAC5 Chapter 

50 (9VAC5-50) and 9VAC5 Chapter 60 (9VAC5-60) 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. 

B. MSW landfills required to install a collection and control 

system according to the provisions of 9VAC5-40-5820 shall 

apply for a permit amendment in accordance with Part VII 

(9VAC20-80-480 et seq.) Part V (9VAC20-81-400 et seq.) of 

9VAC20 Chapter 80 81 (Solid Waste Management 

Regulations). 

C. Physical or operational changes made to an MSW landfill 

solely to comply with this article are not considered 

construction, reconstruction, or modification for the purposes 

of 40 CFR 60 Subpart WWW. 

D. The owner of an MSW landfill subject to this article with 

a design capacity greater than or equal to 2.5 million 

megagrams and 2.5 million cubic meters is subject to Article 

1 (9VAC5-80-50 et seq.) of Part II of 9VAC5 Chapter 80. 

When a landfill is closed, and either never needed control or 

meets the conditions for control system removal specified in 

9VAC5-40-5820 C 2 e, an operating permit under Article 1 

(9VAC5-80-50 et seq.) of Part II of 9VAC5 Chapter 80 is no 

longer required. 

E. A landfill with a design capacity less than 2.5 million 

megagrams or 2.5 million cubic meters does not require an 

operating permit under Article 1 (9VAC5-80-50 et seq.) of 

Part II of 9VAC5 Chapter 80. 

9VAC5-50-420. Word or phrase substitutions. 

In the standards designated in 9VAC5-50-410 make the 

following substitutions: 

1. In all the standards, "board" for "administrator." 

2. In all the standards, "board" for "U.S. Environmental 

Protection Agency" (except in references). 

3. In subpart WWW, Department of Environmental 

Quality for state, local, or tribal agency responsible for 

regulating the landfill. Waste management permits are 

issued by the department under the authority of the 

Virginia Waste Management Act (Chapter 14 (§ 10.1-1400 

et seq.) of Title 10.1 of the Code of Virginia), using the 

procedures in Part VII (9VAC20-80-480 et seq.) Part V 

(9VAC20-81-400 et seq.) of 9VAC20 Chapter 80 81. 

9VAC5-130-20. Definitions. 

A. For the purpose of these regulations and subsequent 

amendments or any orders issued by the board, the words or 

terms shall have the meanings given them in subsection C of 

this section. 

B. As used in this chapter, all terms not defined here shall 

have the meaning given them in 9VAC5-10 (General 

Definitions), unless otherwise required by context. 

C. Terms defined: 

"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 

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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. 

"Automobile graveyard" means any lot or place that is 

exposed to the weather and upon which more than five motor 

vehicles of any kind, incapable of being operated, and that it 

would not be economically practical to make operative, are 

placed, located or found. 

"Built-up area" means any area with a substantial portion 

covered by industrial, commercial or residential buildings. 

"Clean burning waste" means waste that is not prohibited to 

be burned under this chapter and that consists only of (i) 

100% wood waste, (ii) 100% clean lumber or clean wood, 

(iii) 100% yard waste, or (iv) 100% mixture of only any 

combination of wood waste, clean lumber, clean wood or 

yard waste. 

"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. 

"Clean wood" means uncontaminated natural or untreated 

wood. Clean wood includes, but is not limited to, byproducts 

of harvesting activities conducted for forest management or 

commercial logging, or mill residues consisting of bark, 

chips, edgings, sawdust, shavings or slabs. It does not include 

wood that has been treated, adulterated, or chemically 

changed in some way; treated with glues, binders or resins; or 

painted, stained or coated. 

"Commercial waste" means all solid waste generated by 

establishments engaged in business operations other than 

manufacturing or construction. This category includes, but is 

not limited to, waste resulting from the operation of stores, 

markets, office buildings, restaurants and shopping centers. 

"Construction waste" means solid waste that is produced or 

generated during construction, remodeling, or repair of 

pavements, houses, commercial buildings and other 

structures. Construction waste consists of lumber, wire, 

sheetrock, broken brick, shingles, glass, pipes, concrete, and 

metal and plastics if the metal or plastics are a part of the 

materials of construction or empty containers for such 

materials. Paints, coatings, solvents, asbestos, any liquid, 

compressed gases or semi-liquids, and garbage are not 

construction wastes and the disposal of such materials shall 

be in accordance with the regulations of the Virginia Waste 

Management Board. 

"Debris waste" means wastes resulting from land clearing 

operations. Debris wastes include but are not limited to 

stumps, wood, brush, leaves, soil and road spoils. 

"Demolition waste" means that solid waste that is produced 

by the destruction of structures, or their foundations, or both, 

and includes the same materials as construction waste. 

"Garbage" means readily putrescible discarded materials 

composed of animal, vegetable or other organic matter. 

"Hazardous waste" means a "hazardous waste" as described 

in 9VAC20-60 (Hazardous Waste Management Regulations). 

"Household waste" means any waste material, including 

garbage, trash and refuse derived from households. For 

purposes of this regulation, households include single and 

multiple residences, hotels and motels, bunkhouses, ranger 

stations, crew quarters, campgrounds, picnic grounds and 

day-use recreation areas. Household wastes do not include 

sanitary waste in septic tanks (septage) that is regulated by 

other state agencies. 

"Industrial waste" means any solid waste generated by 

manufacturing or industrial process that is not a regulated 

hazardous waste. Such waste may include but is not limited to 

waste resulting from the following manufacturing processes: 

electric power generation; fertilizer/agricultural chemicals; 

food and related products/byproducts; inorganic chemicals; 

iron and steel manufacturing; leather and leather products; 

nonferrous metals manufacturing/foundries; organic 

chemicals; plastics and resins manufacturing; pulp and paper 

industry; rubber and miscellaneous plastic products; stone, 

glass, clay and concrete products; textile manufacturing; 

transportation equipment; and water treatment. This term 

does not include mining waste or oil and gas waste. 

"Junk" means old or scrap copper, brass, rope, rags, 

batteries, paper, trash, rubber, debris, waste, or junked, 

dismantled, or wrecked automobiles, or parts thereof, iron, 

steel, and other old or scrap ferrous or nonferrous material. 

"Junkyard" means an establishment or place of business that 

is maintained, operated, or used for storing, keeping, buying, 

or selling junk, or for the maintenance or operation of an 

automobile graveyard, and the term shall include garbage 

dumps and sanitary landfills. 

"Landfill" means a sanitary landfill, an industrial waste 

landfill, or a construction/demolition/debris landfill. See Part 

I (9VAC20-80-10 et seq.) (9VAC20-81-10 et seq.) of 

9VAC20-80 9VAC20-81 (Solid Waste Management 

Regulations) for further definitions of these terms. 

"Local landfill" means any landfill located within the 

jurisdiction of a local government. 

"Open burning" means the combustion of solid waste 

without: 

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1. Control of combustion air to maintain adequate 

temperature for efficient combustion; 

2. Containment of the combustion reaction in an enclosed 

device to provide sufficient residence time and mixing for 

complete combustion; and 

3. Control of the combustion products' emission. 

"Open pit incinerator" means a device used to burn waste for 

the primary purpose of reducing the volume by removing 

combustible matter. Such devices function by directing a 

curtain of air at an angle across the top of a trench or similarly 

enclosed space, thus reducing the amount of combustion 

byproducts emitted into the atmosphere. The term also 

includes trench burners, air curtain incinerators and over draft 

incinerators. 

"Refuse" means all solid waste products having the 

characteristics of solids rather than liquids and that are 

composed wholly or partially of materials such as garbage, 

trash, rubbish, litter, residues from clean up of spills or 

contamination or other discarded materials. 

"Salvage operation" means any operation consisting of a 

business, trade or industry participating in salvaging or 

reclaiming any product or material, such as, but not limited 

to, reprocessing of used motor oils, metals, chemicals, 

shipping containers or drums, and specifically including 

automobile graveyards and junkyards. 

"Sanitary landfill" means an engineered land burial facility 

for the disposal of household waste that is so located, 

designed, constructed, and operated to contain and isolate the 

waste so that it does not pose a substantial present or potential 

hazard to human health or the environment. A sanitary 

landfill also may receive other types of solid wastes, such as 

commercial solid waste, nonhazardous sludge, hazardous 

waste from conditionally exempt small quantity generators, 

construction, demolition, or debris waste and nonhazardous 

industrial solid waste. See Part I (9VAC20-80-10 et seq.)

(9VAC20-81-10 et seq.) of 9VAC20-80 9VAC20-81 (Solid 

Waste Management Regulations) for further definitions of 

these terms. 

"Smoke" means small gas-borne particulate matter 

consisting mostly, but not exclusively, of carbon, ash and 

other material in concentrations sufficient to form a visible 

plume. 

"Special incineration device" means an open pit incinerator, 

conical or teepee burner, or any other device specifically 

designed to provide good combustion performance. 

"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. 

"Yard waste" means grass, grass clippings, bushes, shrubs, 

and clippings from bushes and shrubs that come from 

residential, commercial/retail, institutional, or industrial 

sources as part of maintaining yards or other private or public 

lands. Yard waste does not include (i) construction, 

renovation, and demolition wastes or (ii) clean wood. 

9VAC5-130-40. Permissible open burning. 

A. Open burning or the use of special incineration devices is 

permitted in the following instances provided the provisions 

of subsections B through E of 9VAC5-130-30 are met: 

1. Upon the request of an owner or a responsible civil or 

military public official, the board may approve open 

burning or the use of special incineration devices under 

controlled conditions for the elimination of a hazard that 

constitutes a threat to the public health, safety or welfare 

and that cannot be remedied by other means consonant 

with the circumstances presented by the hazard. Such uses 

of open burning or the use of special incineration devices 

may include, but are not limited to, the following: 

a. Destruction of deteriorated or unused explosives and 

munitions on government or private property when other 

means of disposal are not available. Hazardous waste 

permits may be required under the provisions of 

9VAC20-60 (Hazardous Waste Management 

Regulations). 

b. Destruction of debris caused by floods, tornadoes, 

hurricanes or other natural disasters where alternate 

means of disposal are not economical or practical and 

when it is in the best interest of the citizens of the 

Commonwealth. Solid waste management permits may 

be required under the provisions of 9VAC20-80

9VAC20-81 (Solid Waste Management Regulations). 

c. On-site destruction of animal or plant life that is 

infested, or reasonably believed to be infested, by a pest 

or disease in order to (i) suppress, control, or eradicate an 

infestation or pest; (ii) prevent or retard the spread of an 

infestation or pest; or (iii) prevent further disease 

transmission or progression. 

2. Open burning is permitted for training and instruction of 

government and public firefighters under the supervision 

of the designated official and industrial in-house 

firefighting personnel with clearance from the local 

firefighting authority. The designated official in charge of 

the training shall notify and obtain the approval of the 

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regional director prior to conducting the training exercise. 

Training schools where permanent facilities are installed 

for firefighting instruction are exempt from this 

notification requirement. Buildings that have not been 

demolished may be burned under the provisions of this 

subdivision only. 

3. Open burning or the use of special incineration devices 

is permitted for the destruction of classified military 

documents under the supervision of the designated official. 

4. Open burning is permitted for camp fires or other fires 

that are used solely for recreational purposes, for 

ceremonial occasions, for outdoor noncommercial 

preparation of food, and for warming of outdoor workers 

provided the materials specified in subsections B and C of 

9VAC5-130-30 are not burned. 

5. In urban areas, open burning is permitted for the on-site 

destruction of leaves and tree, yard and garden trimmings 

located on the premises of private property, provided that 

no regularly scheduled public or private collection service 

for such trimmings is available at the adjacent street or 

public road. In nonurban areas, open burning is permitted 

for the on-site destruction of leaves and tree, yard and 

garden trimmings located on the premises of private 

property regardless of the availability of collection service 

for such trimmings. 

6. Open burning is permitted for the on-site destruction of 

household waste by homeowners or tenants, provided that 

no regularly scheduled public or private collection service 

for such refuse is available at the adjacent street or public 

road. 

7. Open burning is permitted for the destruction of any 

combustible liquid or gaseous material by burning in a 

flare or flare stack. Use of a flare or flare stack for the 

destruction of hazardous waste or commercial/industrial 

waste is allowed provided written approval is obtained 

from the board and the facility is in compliance with 

Article 3 (9VAC5-40-160 et seq.) of 9VAC5-40 (Existing 

Stationary Sources) and Article 3 (9VAC5-50-160 et seq.) 

of 9VAC5-50 (New and Modified Stationary Sources). 

Permits issued under 9VAC5-80 (Permits for Stationary 

Sources) may be used to satisfy the requirement for written 

approval. This activity must be consistent with the 

provisions of 9VAC20-60 (Virginia Hazardous Waste 

Regulations). 

8. Open burning or the use of special incineration devices 

is permitted on site for the destruction of clean burning 

waste and debris waste resulting from property 

maintenance, from the development or modification of 

roads and highways, parking areas, railroad tracks, 

pipelines, power and communication lines, buildings or 

building areas, sanitary landfills, or from any other clearing 

operations. Open burning or the use of special incineration 

devices for the purpose of such destruction is prohibited in 

volatile organic compounds emissions control areas (see 

9VAC5-20-206) during May, June, July, August, and 

September. 

9. Open burning is permitted for forest management and 

agriculture practices approved by the board (see 9VAC5-

130-50), provided the following conditions are met: 

a. The burning shall be at least 1,000 feet from any 

occupied building unless the occupants have given prior 

permission, other than a building located on the property 

on which the burning is conducted; and 

b. The burning shall be attended at all times. 

10. Open burning or the use of special incineration devices 

is permitted for the destruction of clean burning waste and 

debris waste on the site of local landfills provided that the 

burning does not take place on land that has been filled and 

covered so as to present an underground fire hazard due to 

the presence of methane gas. Open burning or the use of 

special incineration devices for the purpose of such 

destruction is prohibited in volatile organic compounds 

emissions control areas (see 9VAC5-20-206) during May, 

June, July, August, and September. 

B. Open burning or the use of special incineration devices 

permitted under the provisions of this chapter does not 

exempt or excuse any owner or other person from the 

consequences, liability, damages or injuries that may result 

from such conduct; nor does it excuse or exempt any owner 

or other person from complying with other applicable laws, 

ordinances, regulations and orders of the governmental 

entities having jurisdiction, even though the open burning is 

conducted in compliance with this chapter. In this regard 

special attention should be directed to § 10.1-1142 of the 

Code of Virginia, which is enforced by the Department of 

Forestry. 

C. With regard to the provisions of subsection B of this 

section, special attention should also be directed to the 

regulations of the Virginia Waste Management Board. No 

destruction of waste by open burning or transportation of 

waste to be destroyed by open burning shall take place in 

violation of the regulations of the Virginia Waste 

Management Board. 

Part II 

Local Ordinances 

9VAC5-130-100. Local ordinances on open burning. 

A. General. 

1. If the governing body of any locality wishes to adopt an 

ordinance relating to air pollution and governing open 

burning within its jurisdiction, the ordinance must first be 

approved by the board (see § 10.1-1321 B of the Code of 

Virginia). 

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2. In order to assist local governments in the development 

of ordinances acceptable to the board, the ordinance in 

subsection C of this section is offered as a model. 

3. If a local government wishes to adopt the language of 

the model ordinance without changing any wording except 

that enclosed by parentheses, that government's ordinance 

shall be deemed to be approved by the board on the date of 

local adoption provided that a copy of the ordinance is 

filed with the department upon its adoption by the local 

government. 

4. If a local government wishes to change any wording of 

the model ordinance aside from that enclosed by 

parentheses in order to construct a local ordinance, that 

government shall request the approval of the board prior to 

adoption of the ordinance by the local jurisdiction. A copy 

of the ordinance shall be filed with the department upon its 

adoption by the local government. 

5. Local ordinances that have been approved by the board 

prior to April 1, 1996, remain in full force and effect as 

specified by their promulgating authorities. 

B. Establishment and approval of local ordinances varying 

from the model. 

1. Any local governing body proposing to adopt or amend 

an ordinance relating to open burning that differs from the 

model local ordinance in subsection C of this section shall 

first obtain the approval of the board for the ordinance or 

amendment as specified in subdivision A 4 of this section. 

The board in approving local ordinances will consider, but 

will not be limited to, the following criteria: 

a. The local ordinance shall provide for 

intergovernmental cooperation and exchange of 

information. 

b. Adequate local resources will be committed to 

enforcing the proposed local ordinance. 

c. The provisions of the local ordinance shall be as strict 

as state regulations, except as provided for leaf burning 

in § 10.1-1308 of the Virginia Air Pollution Control Law. 

d. If a waiver from any provision of this chapter has been 

requested under 9VAC5-130-60, the language of the 

ordinance shall achieve the objective of the provision 

from which the waiver is requested. 

2. Approval of any local ordinance may be withdrawn if 

the board determines that the local ordinance is less strict 

than state regulations or if the locality fails to enforce the 

ordinance. 

3. If a local ordinance must be amended to conform to an 

amendment to state regulations, such local amendment will 

be made within six months of the effective date of the 

amended state regulations. 

4. Local ordinances are a supplement to state regulations. 

Any provisions of local ordinances that have been 

approved by the board and are more strict than state 

regulations shall take precedence over state regulations 

within the respective locality. If a locality fails to enforce 

its own ordinance, the board reserves the right to enforce 

state regulations. 

5. A local governing body may grant a variance to any 

provision of its air pollution control ordinance(s) provided 

that: 

a. A public hearing is held prior to granting the variance; 

b. The public is notified of the application for a variance 

by notice in at least one major newspaper of general 

circulation in the affected locality at least 30 days prior to 

the date of the hearing; and 

c. The variance does not permit any owner or other 

person to take action that would result in a violation of 

any provision of state regulations unless a variance is 

granted by the board. The public hearings required for 

the variances to the local ordinance and state regulations 

may be conducted jointly as one proceeding. 

6. 9VAC5-170-150 shall not apply to local ordinances 

concerned solely with open burning. 

C. Model ordinance. 

ORDINANCE NO. (000) 

Section (000-1). Title. 

This chapter shall be known as the (local jurisdiction) 

Ordinance for the Regulation of Open Burning. 

Section (000-2). Purpose. 

The purpose of this chapter is to protect public health, 

safety, and welfare by regulating open burning within (local 

jurisdiction) to achieve and maintain, to the greatest extent 

practicable, a level of air quality that will provide comfort and 

convenience while promoting economic and social 

development. This chapter is intended to supplement the 

applicable regulations promulgated by the State Air Pollution 

Control Board and other applicable regulations and laws. 

Section (000-3). Definitions. 

For the purpose of this chapter and subsequent amendments 

or any orders issued by (local jurisdiction), the words or 

phrases shall have the meaning given them in this section. 

"Automobile graveyard" means any lot or place that is 

exposed to the weather and upon which more than five motor 

vehicles of any kind, incapable of being operated, and that it 

would not be economically practical to make operative, are 

placed, located or found. 

"Built-up area" means any area with a substantial portion 

covered by industrial, commercial or residential buildings. 

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"Clean burning waste" means waste that is not prohibited to 

be burned under this ordinance and that consists only of (i) 

100% wood waste, (ii) 100% clean lumber or clean wood, 

(iii) 100% yard waste, or (iv) 100% mixture of only any 

combination of wood waste, clean lumber, clean wood or 

yard waste. 

"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. 

"Clean wood" means uncontaminated natural or untreated 

wood. Clean wood includes, but is not limited to, byproducts 

of harvesting activities conducted for forest management or 

commercial logging, or mill residues consisting of bark, 

chips, edgings, sawdust, shavings or slabs. It does not include 

wood that has been treated, adulterated, or chemically 

changed in some way; treated with glues, binders or resins; or 

painted, stained or coated. 

"Construction waste" means solid waste that is produced or 

generated during construction remodeling, or repair of 

pavements, houses, commercial buildings and other 

structures. Construction waste consists of lumber, wire, 

sheetrock, broken brick, shingles, glass, pipes, concrete, and 

metal and plastics if the metal or plastics are a part of the 

materials of construction or empty containers for such 

materials. Paints, coatings, solvents, asbestos, any liquid, 

compressed gases or semi-liquids, and garbage are not 

construction wastes and the disposal of such materials must 

be in accordance with the regulations of the Virginia Waste 

Management Board. 

"Debris waste" means wastes resulting from land clearing 

operations. Debris wastes include but are not limited to 

stumps, wood, brush, leaves, soil and road spoils. 

"Demolition waste" means that solid waste that is produced 

by the destruction of structures, or their foundations, or both, 

and includes the same materials as construction waste. 

"Garbage" means readily putrescible discarded materials 

composed of animal, vegetable or other organic matter. 

"Hazardous waste" means a "hazardous waste" as described 

in 9VAC20-60 (Hazardous Waste Management Regulations). 

"Household waste" means any waste material, including 

garbage, trash and refuse derived from households. For 

purposes of this regulation, households include single and 

multiple residences, hotels and motels, bunkhouses, ranger 

stations, crew quarters, campgrounds, picnic grounds and 

day-use recreation areas. Household wastes do not include 

sanitary waste in septic tanks (septage) that is regulated by 

state agencies. 

"Industrial waste" means any solid waste generated by 

manufacturing or industrial process that is not a regulated 

hazardous waste. Such waste may include but is not limited to 

waste resulting from the following manufacturing processes: 

electric power generation; fertilizer/agricultural chemicals; 

food and related products/byproducts; inorganic chemicals; 

iron and steel manufacturing; leather and leather products; 

nonferrous metals manufacturing/foundries; organic 

chemicals; plastics and resins manufacturing; pulp and paper 

industry; rubber and miscellaneous plastic products; stone, 

glass, clay and concrete products; textile manufacturing; 

transportation equipment; and water treatment. This term 

does not include mining waste or oil and gas waste. 

"Junkyard" means an establishment or place of business that 

is maintained, operated, or used for storing, keeping, buying, 

or selling junk, or for the maintenance or operation of an 

automobile graveyard, and the term shall include garbage 

dumps and sanitary landfills. 

"Landfill" means a sanitary landfill, an industrial waste 

landfill, or a construction/demolition/debris landfill. See 

9VAC20-80 9VAC20-81 (Solid Waste Management 

Regulations) for further definitions of these terms. 

"Local landfill" means any landfill located within the 

jurisdiction of a local government. 

"Open burning" means the combustion of solid waste 

without: 

1. Control of combustion air to maintain adequate 

temperature for efficient combustion; 

2. Containment of the combustion reaction in an enclosed 

device to provide sufficient residence time and mixing for 

complete combustion; and 

3. Control of the combustion products' emission. 

"Open pit incinerator" means a device used to burn waste for 

the primary purpose of reducing the volume by removing 

combustible matter. Such devices function by directing a 

curtain of air at an angle across the top of a trench or similarly 

enclosed space, thus reducing the amount of combustion 

byproducts emitted into the atmosphere. The term also 

includes trench burners, air curtain incinerators and over draft 

incinerators. 

"Refuse" means all solid waste products having the 

characteristics of solids rather than liquids and that are 

composed wholly or partially of materials such as garbage, 

trash, rubbish, litter, residues from clean up of spills or 

contamination or other discarded materials. 

"Salvage operation" means any operation consisting of a 

business, trade or industry participating in salvaging or 

reclaiming any product or material, such as, but not limited 

to, reprocessing of used motor oils, metals, chemicals, 

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shipping containers or drums, and specifically including 

automobile graveyards and junkyards. 

"Sanitary landfill" means an engineered land burial facility 

for the disposal of household waste that is so located, 

designed, constructed, and operated to contain and isolate the 

waste so that it does not pose a substantial present or potential 

hazard to human health or the environment. A sanitary 

landfill also may receive other types of solid wastes, such as 

commercial solid waste, nonhazardous sludge, hazardous 

waste from conditionally exempt small quantity generators, 

construction, demolition, or debris waste and nonhazardous 

industrial solid waste. See 9VAC20-80 9VAC20-81 (Solid 

Waste Management Regulations) for further definitions of 

these terms. 

"Smoke" means small gas-borne particulate matter 

consisting mostly, but not exclusively, of carbon, ash and 

other material in concentrations sufficient to form a visible 

plume. 

"Special incineration device" means an open pit incinerator, 

conical or teepee burner, or any other device specifically 

designed to provide good combustion performance. 

"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. 

"Yard waste" means grass, grass clippings, bushes, shrubs, 

and clippings from bushes and shrubs that come from 

residential, commercial/retail, institutional, or industrial 

sources as part of maintaining yards or other private or public 

lands. Yard waste does not include (i) construction, 

renovation, and demolition wastes or (ii) clean wood. 

Section (000-4). Prohibitions on open burning. 

A. No owner or other person shall cause or permit open 

burning or the use of a special incineration device for the 

destruction of refuse except as provided in this ordinance. 

B. No owner or other person shall cause or permit open 

burning or the use of a special incineration device for the 

destruction of rubber tires, asphaltic materials, crankcase oil, 

impregnated wood or other rubber or petroleum based 

materials except when conducting bona fide firefighting 

instruction at firefighting training schools having permanent 

facilities. 

C. No owner or other person shall cause or permit open 

burning or the use of a special incineration device for the 

destruction of hazardous waste or containers for such 

materials. 

D. No owner or other person shall cause or permit open 

burning or the use of a special incineration device for the 

purpose of a salvage operation or for the destruction of 

commercial/industrial waste. 

E. Open burning or the use of special incineration devices 

permitted under the provisions of this ordinance does not 

exempt or excuse any owner or other person from the 

consequences, liability, damages or injuries that may result 

from such conduct; nor does it excuse or exempt any owner 

or other person from complying with other applicable laws, 

ordinances, regulations and orders of the governmental 

entities having jurisdiction, even though the open burning is 

conducted in compliance with this ordinance. In this regard 

special attention should be directed to § 10.1-1142 of the 

Forest Fire Law of Virginia, the regulations of the Virginia 

Waste Management Board, and the State Air Pollution 

Control Board's Regulations for the Control and Abatement 

of Air Pollution. 

F. Upon declaration of an alert, warning or emergency stage 

of an air pollution episode as described in 9VAC5-70 (Air 

Pollution Episode Prevention) or when deemed advisable by 

the State Air Pollution Control Board to prevent a hazard to, 

or an unreasonable burden upon, public health or welfare, no 

owner or other person shall cause or permit open burning or 

use of a special incineration device; and any in process 

burning or use of special incineration devices shall be 

immediately terminated in the designated air quality control 

region. 

Section (000-5). Exemptions. 

The following activities are exempted to the extent covered 

by the State Air Pollution Control Board's Regulations for the 

Control and Abatement of Air Pollution: 

A. Open burning for training and instruction of government 

and public firefighters under the supervision of the designated 

official and industrial in-house firefighting personnel; 

B. Open burning for camp fires or other fires that are used 

solely for recreational purposes, for ceremonial occasions, for 

outdoor noncommercial preparation of food, and for warming 

of outdoor workers; 

C. Open burning for the destruction of any combustible 

liquid or gaseous material by burning in a flare or flare stack; 

D. Open burning for forest management and agriculture 

practices approved by the State Air Pollution Control Board; 

and 

E. Open burning for the destruction of classified military 

documents. 

Volume 27, Issue 23 Virginia Register of Regulations July 18, 2011 

2521
Regulations 

Section (000-6). Permissible open burning. 

A. Open burning is permitted on site for the destruction of 

leaves and tree, yard and garden trimmings located on the 

premises of private property, provided that the following 

conditions are met: 

1. The burning takes place on the premises of the private 

property; (and) 

2. The location of the burning is not less than 300 feet from 

any occupied building unless the occupants have given 

prior permission, other than a building located on the 

property on which the burning is conducted(; and 

3. No regularly scheduled public or private collection 

service for such trimmings is available at the adjacent 

street or public road1

). 

B. Open burning is permitted on-site for the destruction of 

household waste by homeowners or tenants, provided that the 

following conditions are met: 

1. The burning takes place on the premises of the dwelling; 

2. Animal carcasses or animal wastes are not burned; 

3. Garbage is not burned; (and) 

4. The location of the burning is not less than 300 feet from 

any occupied building unless the occupants have given 

prior permission, other than a building located on the 

property on which the burning is conducted (; and 

5. No regularly scheduled public or private collection 

service for such refuse is available at the adjacent street or 

public road2

). 

C. Open burning is permitted on site for destruction of 

debris waste resulting from property maintenance, from the 

development or modification of roads and highways, parking 

areas, railroad tracks, pipelines, power and communication 

lines, buildings or building areas, sanitary landfills, or from 

any other clearing operations that may be approved by 

(designated local official), provided the following conditions 

are met: 

1. All reasonable effort shall be made to minimize the 

amount of material burned, with the number and size of the 

debris piles approved by (designated local official); 

2. The material to be burned shall consist of brush, stumps 

and similar debris waste and shall not include demolition 

material; 

3. The burning shall be at least 500 feet from any occupied 

building unless the occupants have given prior permission, 

other than a building located on the property on which the 

burning is conducted; 

4. The burning shall be conducted at the greatest distance 

practicable from highways and air fields, 

5. The burning shall be attended at all times and conducted 

to ensure the best possible combustion with a minimum of 

smoke being produced; 

6. The burning shall not be allowed to smolder beyond the 

minimum period of time necessary for the destruction of 

the materials; and 

7. The burning shall be conducted only when the prevailing 

winds are away from any city, town or built-up area. 

D. Open burning is permitted for destruction of debris on the 

site of local landfills provided that the burning does not take 

place on land that has been filled and covered so as to present 

an underground fire hazard due to the presence of methane 

gas, provided that the following conditions are met: 

1. The burning shall take place on the premises of a local 

sanitary landfill that meets the provisions of the regulations 

of the Virginia Waste Management Board; 

2. The burning shall be attended at all times; 

3. The material to be burned shall consist only of brush, 

tree trimmings, yard and garden trimmings, clean burning 

waste, clean burning debris waste, or clean burning 

demolition waste; 

4. All reasonable effort shall be made to minimize the 

amount of material that is burned; 

5. No materials may be burned in violation of the 

regulations of the Virginia Waste Management Board or 

the State Air Pollution Control Board. The exact site of the 

burning on a local landfill shall be established in 

coordination with the regional director and (designated 

local official); no other site shall be used without the 

approval of these officials. (Designated local official) shall 

be notified of the days during which the burning will 

occur. 

(E. Sections 000-6 A through D notwithstanding, no owner 

or other person shall cause or permit open burning or the use 

of a special incineration device during May, June, July, 

August, or September.3

) 

Section (000-7). Permits. 

A. When open burning of debris waste (Section 000-6 C) or 

open burning of debris on the site of a local landfill (Section 

000-6 D) is to occur within (local jurisdiction), the person 

responsible for the burning shall obtain a permit from 

(designated local official) prior to the burning. Such a permit 

may be granted only after confirmation by (designated local 

official) that the burning can and will comply with the 

provisions of this ordinance and any other conditions that are 

deemed necessary to ensure that the burning will not 

endanger the public health and welfare or to ensure 

compliance with any applicable provisions of the State Air 

Pollution Control Board's Regulations for the Control and 

Abatement of Air Pollution. The permit may be issued for 

Volume 27, Issue 23 Virginia Register of Regulations July 18, 2011 

2522 
Regulations 

each occasion of burning or for a specific period of time 

deemed appropriate by (designated local official). 

B. Prior to the initial installation (or reinstallation, in cases 

of relocation) and operation of special incineration devices, 

the person responsible for the burning shall obtain a permit 

from (designated local official), such permits to be granted 

only after confirmation by (designated local official) that the 

burning can and will comply with the applicable provisions in 

Regulations for the Control and Abatement of Air Pollution 

and that any conditions are met that are deemed necessary by 

(designated local official) to ensure that the operation of the 

devices will not endanger the public health and welfare. 

Permits granted for the use of special incineration devices 

shall at a minimum contain the following conditions: 

1. All reasonable effort shall be made to minimize the 

amount of material that is burned. Such efforts shall 

include, but are not limited to, the removal of pulpwood, 

sawlogs and firewood. 

2. The material to be burned shall consist of brush, stumps 

and similar debris waste and shall not include demolition 

material. 

3. The burning shall be at least 300 feet from any occupied 

building unless the occupants have given prior permission, 

other than a building located on the property on which the 

burning is conducted; burning shall be conducted at the 

greatest distance practicable from highways and air fields. 

If (designated local official) determines that it is necessary 

to protect public health and welfare, he may direct that any 

of the above cited distances be increased. 

4. The burning shall be attended at all times and conducted 

to ensure the best possible combustion with a minimum of 

smoke being produced. Under no circumstances should the 

burning be allowed to smolder beyond the minimum period 

of time necessary for the destruction of the materials. 

5. The burning shall be conducted only when the prevailing 

winds are away from any city, town or built-up area. 

6. The use of special incineration devices shall be allowed 

only for the destruction of debris waste, clean burning 

construction waste, and clean burning demolition waste. 

7. Permits issued under this subsection shall be limited to a 

specific period of time deemed appropriate by (designated 

local official). 

(C. An application for a permit under Section 000-7 A or 

000-7 B shall be accompanied by a processing fee of $----.4

) 

Section (000-8). Penalties for violation. 

A. Any violation of this ordinance is punishable as a Class 1 

misdemeanor. (See § 15.2-1429 of the Code of Virginia.) 

B. Each separate incident may be considered a new 

violation. 

________________________ 

1 This provision shall be included in ordinances for urban areas. It may be 

included in ordinances for nonurban areas.

2 This provision shall be included in ordinances for urban areas. It may be 

included in ordinances for nonurban areas.

3 This provision shall be included in ordinances for jurisdictions within 

volatile organic compound emissions control areas. It may be included in 

ordinances for jurisdictions outside these areas.

4 The fee stipulation in this section is optional at the discretion of the 

jurisdiction.

VA.R. Doc. No. R11-2834; Filed June 28, 2011, 1:52 p.m. 

Final Regulation 

REGISTRAR'S NOTICE: The following regulation filed by 

the State Air Pollution Control Board is exempt from the 

Administrative Process Act in accordance with § 2.2-4006 A 

8 of the Code of Virginia, which exempts general permits 

issued by the State Air Pollution Control Board pursuant to 

the Virginia Stormwater Management Act (§ 10.1-603.1 et 

seq.) of Title 10.1, if the board (i) provides a Notice of 

Intended Regulatory Action in conformance with the 

provisions of § 2.2-4007.01, (ii) following the passage of 30 

days from the publication of the Notice of Intended 

Regulatory Action forms a technical advisory committee 

composed of relevant stakeholders, including potentially 

affected citizens groups, to assist in the development of the 

general permit, (iii) provides notice and receives oral and 

written comment as provided in § 2.2-4007.03, and (iv) 

conducts at least one public hearing on the proposed general 

permit. 

Title of Regulation: 9VAC5-530. Electric Generator 

Voluntary Demand Response General Permit (adding 

9VAC5-530-10 through 9VAC5-530-290) (Rev. Dg). 

Statutory Authority: §§ 10.1-1307.02 and 10.1-1308 of the 

Code of Virginia. 

Effective Date: August 17, 2011. 

Agency Contact: Mary E. Major, Department of 

Environmental Quality, 629 East Main Street, P.O. Box 1105, 

Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 

698-4510, or email mary.major@deq.virginia.gov. 

Summary:

Chapters 752 and 855 of the 2009 Acts of Assembly 

mandate that the board develop a general permit for the 

construction, installation, and operation of distillate oil, 

natural gas, liquid propane gas, and biodiesel fired 

electric generating facilities that participate in a voluntary 

demand response program (i.e., load curtailment, demand 

response, peak shaving, or like program) and that qualify 

as nonmajor facilities under the federal Clean Air Act. 

Volume 27, Issue 23 Virginia Register of Regulations July 18, 2011 

2523
ENCLOSURE 3

PUBLIC PARTICIPATION RECORD

The complete record of public participation activities is located at the Air Division of the 

Department of Environmental Quality. The department contact to access this 

information is the Director, Air Division.

The state did not receive testimony on this particular revision.

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