Virginia Administrative Code

Database updated through January 6, 2011

Article 7 

Emission Standards for Incinerators (Rule 4-7) 

9VAC5-40-730. Applicability and designation of affected facility. 

A. The affected facility to which the provisions of this article apply is each incinerator. 

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

C. The provisions of this article do not apply to facilities that are designed as boilers to produce steam 

or heated water and are designed to burn either fossil fuel or refuse derived fuel. It does apply to such 

facilities if designed to burn raw refuse. 

Statutory Authority 

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

Historical Notes 

Derived from VR120-04-0701, eff. January 1, 1985. 

9VAC5-40-740. 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. 

"Incinerator" means any furnace or device used in the process of burning waste for the primary 

purpose of destroying matter or reducing the volume, or both, of the waste by removing combustible 

matter. 

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

Historical Notes 

Derived from VR120-04-0702, eff. January 1, 1985. 

9VAC5-40-750. Standard for particulate matter. 

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

incinerator any particulate emissions in excess of .14 grains per standard cubic foot of dry flue gas 

corrected to 12% carbon dioxide (without the contribution of auxiliary fuel). 

Statutory Authority 

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

Historical Notes 

Derived from VR120-04-0703, eff. January 1, 1985. 

9VAC5-40-760. 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 VR120-04-0704, eff. January 1, 1985. 

9VAC5-40-770. 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 VR120-04-0705, eff. January 1, 1985. 

9VAC5-40-780. 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 VR120-04-0706, eff. January 1, 1985. 

9VAC5-40-790. 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 VR120-04-0707, eff. January 1, 1985. 

9VAC5-40-800. Prohibition of flue-fed incinerators. 

Incinerators which use the same flue for feeding the refuse and discharging the gases of combustion 

are prohibited. 

Statutory Authority 

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

Historical Notes 

Derived from VR120-04-0708, eff. January 1, 1985. 

9VAC5-40-810. 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 VR120-04-0709, eff. January 1, 1985. 

9VAC5-40-820. 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 VR120-04-0710, eff. January 1, 1985. 

9VAC5-40-830. 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 VR120-04-0711, eff. January 1, 1985. 

9VAC5-40-840. 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 VR120-04-0712, eff. January 1, 1985. 

9VAC5-40-850. 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 VR120-04-0713, eff. January 1, 1985. 

9VAC5-40-860. 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 VR120-04-0714, eff. January 1, 1985. 

9VAC5-40-870. 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 VR120-04-0715, eff. January 1, 1985.