Virginia Administrative Code

Database updated through January 6, 2011

Article 18 

Emission Standards for Primary and Secondary Metal Operations (Rule 4-18) 

9VAC5-40-2390. Applicability and designation of affected facility. 

A. The affected facility to which the provisions of this article apply is each primary metal operation and 

each secondary metal operation. 

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

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-1801, eff. January 1, 1985. 

9VAC5-40-2400. 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 meanings given them in 9VAC5 

Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context. 

C. Terms defined. 

"Aluminum production operation" means the production of aluminum or aluminum alloys from 

aluminum pigs, foundry returns or scrap material by smelting or melting to the metallic form. Includes 

fluxing, alloying, degassing, and demagging operations. 

"Brass or bronze" means any metal alloy containing copper as its predominant constituent and lesser 

amounts of zinc, tin, lead or other metals. 

"Brass or bronze production" means the production of brass or bronze ingots from scrap material by, 
or through a combination of, melting, smelting, refining or alloying. 

"Ferroalloy production operation" means the production of any ferroalloy by use of a smelting furnace. 

"Gray iron foundry operation" means the production of gray iron castings by use of a melting furnace. 

"Lead" means elemental lead or alloys in which the predominant component is lead. 

"Magnesium production operation" means the production of magnesium from scrap material by use of 

a furnace. 

"Melt time" means the time in which the metal is melting and available at the spout or tap hole, 

excluding any time the equipment is idle, preheating or preparing for shutdown. 

"Primary copper smelter" means any installation or any intermediate process engaged in the 

production of copper from copper sulfide ore concentrates through the use of pyrometallurgical 

techniques. 

"Primary lead smelter" means any installation or any intermediate process engaged in the production 

of lead from lead sulfide ore concentrates through the use of pyrometallurgical techniques. 

"Primary metal operation" means any operation which involves the production of a metal from metal 

ore concentrates through the use of pyrometallurgical techniques. 

"Primary zinc smelter" means any installation or any intermediate process engaged in the production 

of zinc or zinc oxide from zinc sulfide ore concentrates through the use of pyrometallurgical techniques. 

"Process operation" means any method, form, action, operation or treatment of manufacturing or 

processing, including any storage or handling of materials or products before, during or after 

manufacturing or processing. 

"Process unit" means any step in a manufacturing or process operation which results in the emission 

of pollutants to the atmosphere. 

"Process weight" means the total weight of all materials introduced into any process unit which may 

cause any emission of pollutants. Process weight includes solid fuels charged, but does not include liquid 

and gaseous fuels charged or combustion air for all fuels. 
"Process weight rate" means a rate established as follows: 

a. For continuous or long-run steady-state process operations, the total process weight for the 

entire period of continuous operation or for a typical portion of it, divided by the number of hours of 

such period or portion of it. 

b. For cyclical or batch process operations, the total weight for a period that covers a complete 

operation or an integral number of cycles, divided by the hours of actual process operation during 

such a period. 

"Secondary lead production operation" means the production of lead from lead bearing scrap material 

by smelting to the metallic form. 

"Secondary metal operation" means any aluminum production operation, brass or bronze production 

operation, ferroalloy production operation, gray iron foundry operation, secondary lead production 

operation, magnesium production operation, steel foundry operation or zinc process operation. 

"Steel foundry operation" means the production of steel castings by use of a melting furnace. 

"Zinc process operation" means zinc reclaiming, zinc oxide manufacturing and zinc galvanizing. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-1802, eff. January 1, 1985. 

9VAC5-40-2410. Standard for particulate matter. 

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

secondary metal operation any particulate emissions in excess of the limits in Table 4-18. 

TABLE 4-18

Process Weight Rate

Lb/Hr

Maximum Allowable Emission Rate

Lb/Hr

1,000 or less 3.05

2,000 4.70
3,000 6.35

4,000 8.00

5,000 9.05

6,000 11.30

7,000 12.90

8,000 14.30

9,000 15.50

10,000 16.65

12,000 18.70

16,000 21.60

18,000 22.80

20,000 24.00

30,000 30.00

40,000 36.00

50,000 or more 42.00

B. Interpretation of the emission standard in subsection A of this section shall be in accordance with 

9VAC5-40-22. 

C. The permissible emission rates as shown in Table 4-18 shall apply during the melt time but shall 

not apply during the time of preheat or preparing for shutdown. The exemption for preheating and 

shutdown shall be limited to two 20-minute periods in a given eight-hour period for each furnace unit. 

D. The provisions of this section shall not apply to affected facilities identified in subsection A of this 

section and located in AQCR 7; however, the provisions of 9VAC5-40-270 shall apply to the facilities. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-1803, eff. January 1, 1985. 

9VAC5-40-2420. Standard for sulfur oxides. 
No owner or other person shall cause or permit to be discharged into the atmosphere from any 

primary metal operation any sulfur oxide emissions in excess of the following limits: 

Copper Smelters: Y = 0.2X 

Zinc Smelters: Y = 0.564X0.85

Lead Smelters: Y = 0.98X0.77

where: 

X = total sulfur fed to the smelter in lb/hr. 

Y = allowable sulfur oxide emissions in lb/hr. 

Note: This provision in effect requires removal of about 90% of the input-sulfur to the smelter. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-1804, eff. January 1, 1985. 

9VAC5-40-2430. Standard for visible emissions. 

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible 

Emissions and Fugitive Dust/Emissions, Rule 4-1) apply. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-1805, eff. January 1, 1985. 

9VAC5-40-2440. Standard for fugitive dust/emissions. 

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible 

Emissions and Fugitive Dust/Emissions, Rule 4-1) apply. 

Statutory Authority 
§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-1806, eff. January 1, 1985. 

9VAC5-40-2450. Standard for odor. 

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

4-2) apply. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-1807, eff. January 1, 1985. 

9VAC5-40-2460. Standard for toxic pollutants. 

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic 

Pollutants, Rule 4-3) apply. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-1808, eff. January 1, 1985. 

9VAC5-40-2470. Compliance. 

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

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-1809, eff. January 1, 1985. 

9VAC5-40-2480. Test methods and procedures. 
The provisions of 9VAC5-40-30 (Emission Testing) apply. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-1810, eff. January 1, 1985. 

9VAC5-40-2490. Monitoring. 

The provisions of 9VAC5-40-40 (Monitoring) apply. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-1811, eff. January 1, 1985. 

9VAC5-40-2500. Notification, records and reporting. 

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-1812, eff. January 1, 1985. 

9VAC5-40-2510. Registration. 

The provisions of 9VAC5-20-160 (Registration) apply. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-1813, eff. January 1, 1985. 
9VAC5-40-2520. Facility and control equipment maintenance or malfunction. 

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-1814, eff. January 1, 1985. 

9VAC5-40-2530. Permits. 

A permit may be required prior to beginning any of the activities specified below and the provisions of 

9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. 

Owners contemplating such action should contact the appropriate regional office for guidance. 

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. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-1815, eff. January 1, 1985.