Virginia Administrative Code

Database updated through January 6, 2011

Article 45 

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

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

A. Except as provided in subsections C and D of this section, the affected facilities to which the 

provisions of this article apply are commercial/industrial solid waste incinerator (CISWI) units that 

commenced construction on or before November 30, 1999. 

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

C. Exempted from the provisions of this article are the following: 

1. Pathological waste incineration units burning 90% or more by weight (on a calendar quarter 

basis and excluding the weight of auxiliary fuel and combustion air) of any combination of 

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

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

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

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

wastes burned in the unit. 

2. Agricultural waste incineration units burning 90% or more by weight (on a calendar quarter basis 

and excluding the weight of auxiliary fuel and combustion air) of agricultural wastes if the owner: 

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

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

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

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

a. Are regulated under subparts Ea, Eb, or AAAA of 40 CFR Part 60 or Article 46 (9VAC5-40-
6550 et seq.) or Article 54 (9VAC5-40-7950 et seq.) of Part II of 9VAC5 Chapter 40. 

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

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

9VAC5 Chapter 40, and have the capacity to burn less than 35 tons (32 megagrams) per day of 

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

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

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

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

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

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

5. Small power production facility units if: 

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

Act (16 USC § 796(17)(C)); 

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

and 

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

6. Cogeneration facility units if: 

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

USC § 796(18)(B)); 

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

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

purposes; and 

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

7. Hazardous waste combustion units that are either: 

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

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

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

as primary and secondary smelters. 

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

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

requirements under 9VAC5-40-6490. 

10. Cyclonic barrel burners. 

11. Rack, part, and drum reclamation units. 

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

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

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

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

constituents or compounds. 

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

considered chemical recovery units. 

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

recovery process and reused in the pulping process. 

(2) Units burning only spent sulfuric acid used to produce virgin sulfuric acid. 

(3) Units burning only wood or coal feedstock for the production of charcoal. 

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

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

catalysts. 

(5) Units burning only coke to produce purified carbon monoxide that is used as an intermediate 
in the production of other chemical compounds. 

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

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

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

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

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

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

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

constituents in these materials that are recovered. 

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

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

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

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

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

use. 

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

chemical constituents as they are bought and sold in commercial markets. 

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

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

unit to the list of chemical recovery units. 

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

analysis. 

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

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

becomes subject to subpart CCCC of 40 CFR Part 60. 
E. If the owner makes physical or operational changes to an existing CISWI unit primarily to comply 

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

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

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

2003. If the unit is subject to the federal operating permit program as a result of some triggering 

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

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

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

filing a permit application is triggered by the requirement that first causes the source to be subject to the 

federal operating permit program. 

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

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

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

H. The requirement of subdivision C 7 of this section with regard to obtaining a permit under § 3005 of 

the Solid Waste Disposal Act (42 USC § 6901 et seq.) may be met by obtaining a permit from the 

department as required by 9VAC20 Chapter 60. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-40-6260. Definitions. 

A. For the purpose of applying this article in the context of the Regulations for the Control and 

Abatement of Air Pollution and related uses, the words or terms shall have the meanings given them in 

subsection C of this section. 

B. As used in this article, all terms not defined herein shall have the meanings given them in 9VAC5 
Chapter 10, unless otherwise required by context. 

C. Terms defined. 

"Agricultural waste" means vegetative agricultural materials such as nut and grain hulls and chaff 

(e.g., almond, walnut, peanut, rice, and wheat), bagasse, orchard prunings, corn stalks, coffee bean hulls 

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

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

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

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

confused with conventional combustion devices with enclosed fireboxes and controlled air technology 

such as mass burn, modular, and fluidized bed combustors. 

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

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

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

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

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

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

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

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

July 1, or October 1. 

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

January 1 and ending on December 31. 

"Chemotherapeutic waste" means waste material resulting from the production or use of antineoplastic 

agents used for the purpose of stopping or reversing the growth of malignant cells. 

"Clean lumber" means wood or wood products that have been cut or shaped and include wet, airdried, and kiln-dried wood products. Clean lumber does not include wood products that have been 
painted, pigment-stained, or pressure-treated by compounds such as chromate copper arsenate, 

pentachlorophenol, and creosote. 

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

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

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

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

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

extends through two areas: 

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

chamber.

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

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

the bottom ash handling system. 

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

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

industrial facility (including field-erected, modular, and custom-built incineration units operating with 

starved or excess air), or solid waste combusted in an air curtain incinerator without energy recovery that 

is a distinct operating unit of any commercial or industrial facility. 

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

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

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

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

air. 

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

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

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

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

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

obtain such a permit; or 

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

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

failure is permitted by this article. 

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

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

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

the drums can be reused. 

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

purposes such as steam generation or process heating. 

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

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

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

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

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

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

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

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

2014(e)(2)). 

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

control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that 
are caused, in part, by poor maintenance or careless operation are not malfunctions. 

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

2001, and that meets one of the following criteria: 

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

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

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

calculate these costs, see the definition of CISWI unit. 

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

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

standards. 

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

parts can be reconditioned and reused. 

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

Reference Method 5 or 29. 

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

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

animal bedding (if applicable). 

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

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

reused. 

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

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

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

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

(current dollars). To determine what systems are within the boundary of the CISWI unit used to 
calculate these costs, see the definition of CISWI unit. 

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

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

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

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

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

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

semisolid, or contained gaseous material resulting from industrial, commercial, mining, agricultural 

operations, and from community activities, but does not include solid or dissolved material in domestic 

sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point 

sources subject to permits under § 402 of the Federal Water Pollution Control Act, as amended (33 USC 

§ 1342), or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, 

as amended (42 USC § 2014). For purposes of this article, solid waste does not include the waste burned 

in the units described in 9VAC5-40-6250 C. 

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

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

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

the unit. 

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

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

to absorb and neutralize acid gases, or both. 

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

chipped), trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. 

Wood waste does not include: 
1. Grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs from residential, 

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

public lands. 

2. Construction, renovation, or demolition wastes. 

3. Clean lumber. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-40-6270. Standard for particulate matter. 

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

any particulate emissions in excess of 70 milligrams per dry standard cubic meter, measured at 7.0% 

oxygen, dry basis at standard conditions. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-40-6280. Standard for carbon monoxide. 

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

any carbon monoxide emissions in excess of 157 parts per million by dry volume, measured at 7.0% 

oxygen, dry basis at standard conditions. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

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

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

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

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

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

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

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

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

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

oxygen, dry basis at standard conditions. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-40-6310. Standard for sulfur dioxide. 

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

any sulfur dioxide emissions in excess of 20 parts per million by dry volume, measured at 7.0% oxygen, 

dry basis at standard conditions. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

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

9VAC5-40-6320. Standard for nitrogen oxides. 

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

any nitrogen oxide emissions in excess of 388 parts per million by dry volume, measured at 7.0% oxygen, 

dry basis at standard conditions. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-40-6330. Standard for lead. 

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

any lead emissions in excess of 0.04 milligrams per dry standard cubic meter, measured at 7.0% oxygen, 

dry basis at standard conditions. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-40-6340. Standard for cadmium. 

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

any cadmium emissions in excess of 0.004 milligrams per dry standard cubic meter, measured at 7.0% 

oxygen, dry basis at standard conditions.

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

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

9VAC5-40-6350. Standard for mercury. 

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

any mercury emissions in excess of 0.47 milligrams per dry standard cubic meter, measured at 7.0% 

oxygen, dry basis at standard conditions. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-40-6360. Standard for visible emissions. 

A. The provisions of Article 1 (9VAC5-40-60 et seq.) of 9VAC5 Chapter 40 (Emission Standards for 

Visible Emissions) apply except that the provisions in subsection B of this section apply instead of 

9VAC5-40-80. 

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

CISWI any visible emissions that exhibit greater than 10% opacity. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-40-6370. Standard for fugitive dust/emissions. 

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

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

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 
Historical Notes 

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

9VAC5-40-6380. Standard for odor. 

The provisions of Article 2 (9VAC5-40-130 et seq.) of 9VAC5 Chapter 40 (Emission Standards for 

Odor, Rule 4-2) apply. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-40-6390. Standard for toxic pollutants. 

The provisions of Article 4 (9VAC5-60-200 et seq.) of 9VAC5 Chapter 60 (Emission Standards for 

Toxic Pollutants, Rule 6-4) apply. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-40-6400. Operator training and qualification. 

A. No CISWI unit shall be operated unless a fully trained and qualified CISWI unit operator is 

accessible, whether at the facility or capable of being at the facility within one hour. The trained and 

qualified CISWI unit operator may operate the CISWI unit directly or be the direct supervisor of one or 

more other plant personnel who operate the unit. If all qualified CISWI unit operators are temporarily not 

accessible, the procedures in subsection J of this section shall be followed. 

B. Operator training and qualification shall be obtained through a program approved by the board or 

by completing the requirements included in subsection C of this section. 
C. Training shall be obtained by completing an incinerator operator training course that includes, at a 

minimum, the following: 

1. Training on the following subjects: 

a. Environmental concerns, including types of emissions. 

b. Basic combustion principles, including products of combustion. 

c. Operation of the specific type of incinerator to be used by the operator, including proper 

startup, waste charging, and shutdown procedures. 

d. Combustion controls and monitoring. 

e. Operation of air pollution control equipment and factors affecting performance (if applicable). 

f. Inspection and maintenance of the incinerator and air pollution control devices. 

g. Actions to correct malfunctions or conditions that may lead to malfunction. 

h. Bottom and fly ash characteristics and handling procedures. 

i. Applicable federal, state, and local regulations, including Occupational Safety and Health 

Administration workplace standards. 

j. Pollution prevention. 

k. Waste management practices. 

2. An examination designed and administered by the instructor. 

3. Written material covering the training course topics that can serve as reference material 

following completion of the course. 

D. The operator training course shall be completed by the later of the following dates: 

1. One year after the baseline compliance date. 

2. Six months after CISWI unit startup. 

3. Six months after an employee assumes responsibility for operating the CISWI unit or assumes 

responsibility for supervising the operation of the CISWI unit. 
E. Operator qualification shall be obtained by completing a training course that satisfies the criteria 

under subsection B of this section. Qualification is valid from the date on which the training course is 

completed and the operator successfully passes the examination required under subdivision C 2 of this 

section. 

F. To maintain operator qualification, the operator shall complete an annual review or refresher course 

covering, at a minimum, the following topics: 

1. Update of regulations. 

2. Incinerator operation, including startup and shutdown procedures, waste charging, and ash 

handling. 

3. Inspection and maintenance. 

4. Responses to malfunctions or conditions that may lead to malfunction. 

5. Discussion of operating problems encountered by attendees. 

G. Lapsed operator qualification shall be renewed when the operator: 

1. For a lapse of less than three years, completes a standard annual refresher course described in 

subsection F of this section, or 

2. For a lapse of three years or more, repeats the initial qualification requirements in subsection E 

of this section. 

H. Site-specific documentation shall be available at the facility and readily accessible for all CISWI unit 

operators that addresses the topics described in subdivisions H 1 through 10 of this subsection. The 

owner shall maintain this information and the training records required by subdivision I 3 of this section in 

a manner that they can be readily accessed and are suitable for inspection upon request. 

1. Summary of the applicable standards under this article. 

2. Procedures for receiving, handling, and charging waste. 

3. Incinerator startup, shutdown, and malfunction procedures. 
4. Procedures for maintaining proper combustion air supply levels. 

5. Procedures for operating the incinerator and associated air pollution control systems within the 

standards established under this article. 

6. Monitoring procedures for demonstrating compliance with the incinerator operating limits. 

7. Reporting and recordkeeping procedures. 

8. The waste management plan required under 9VAC5-40-6410. 

9. Procedures for handling ash. 

10. A list of the wastes burned during the emission test. 

I. A program for reviewing the following information shall be established for each incinerator operator: 

1. The initial review of the information listed in subsection H of this section shall be conducted by 

the later of the following dates: 

a. One year after the baseline compliance date. 

b. Six months after CISWI unit startup. 

c. Six months after being assigned to operate the CISWI unit. 

2. Subsequent annual reviews of the information listed in subsection H of this section shall be 

conducted no later than 12 months following the previous review. 

3. The following information shall be maintained: 

a. Records showing the names of CISWI unit operators who have completed review of the 

information in subsection H of this section as required by this subsection, including the date of 

the initial review and all subsequent annual reviews. 

b. Records showing the names of the CISWI operators who have completed the operator 

training requirements under subsection C of this section, met the criteria for qualification under 

subsection E of this section, and maintained or renewed their qualification under subsection F 

or G of this section. Records shall include documentation of training, the dates of the initial 
refresher training, and the dates of their qualification and all subsequent renewals of such 

qualifications. 

c. For each qualified operator, the telephone or pager number at which they can be reached 

during operating hours. 

J. If all qualified operators are temporarily not accessible (i.e., not at the facility and not able to be at 

the facility within one hour), one of the following procedures shall be followed: 

1. When all qualified operators are not accessible for more than 8 hours, but less than two weeks, 

the CISWI unit may be operated by other plant personnel familiar with the operation of the CISWI 

unit who have completed a review of the information specified in subsection H of this section within 

the past 12 months. The period when all qualified operators were not accessible shall be recorded, 

and this deviation shall be included in the annual report as specified in 9VAC5-40-6480 G. 

2. When all qualified operators are not accessible for two weeks or more, the owner shall perform 

the following: 

a. Notify the board of this deviation in writing within 10 days, including the cause of the 

deviation, what is being done to ensure that a qualified operator is accessible, and the 

anticipated date when a qualified operator will be accessible. 

b. Submit a status report to the board every 4 weeks outlining what is being done to ensure that 

a qualified operator is accessible, the anticipated date when a qualified operator will be 

accessible, and a request for approval from the board to continue operation of the CISWI unit. 

The first status report shall be submitted 4 weeks after the board has been notified of the 

deviation under subdivision 2 a of this subsection. If the board disapproves the request to 

continue operation of the CISWI unit, the CISWI unit may continue operation for 90 days. After 

90 days, the CISWI unit shall cease operation. Operation of the unit may resume if the following 

requirements are met: 

(1) A qualified operator is accessible as required under subsection A of this section. 
(2) The board is notified that a qualified operator is accessible and that operation is resuming. 

K. The requirements of subsection B of this section with regard to obtaining operator training 

qualifications through a program approved by the board may be met by obtaining a license from the 

Board for Waste Management Facility Operators. All training and licensing shall be conducted in 

accordance with Chapter 22.1 (§ 54.1-2209 et seq.) of Title 54.1 of the Code of Virginia and with 

18VAC155 Chapter 20. 

L. No owner of an affected facility shall allow the facility to be operated at any time unless a person is 

on duty who is responsible for the proper operation of the facility and has a license from the Board for 

Waste Management Facility Operators in the correct classification. No provision of this article shall relieve 

any owner from the responsibility to comply in all respects with the requirements of Chapter 22.1 (§ 54.1-

2209 et seq.) of Title 54.1 of the Code of Virginia and with 18VAC155 Chapter 20. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-40-6410. Waste management plan. 

A. The owner of an affected facility shall prepare a written waste management plan that identifies both 

the feasibility and the methods used to reduce or separate certain components of solid waste from the 

waste stream in order to reduce or eliminate toxic emissions from incinerated waste. 

B. The waste management plan shall be submitted no later than six months after the baseline 

compliance date. 

C. The waste management plan shall include consideration of the reduction or separation of wastestream elements such as paper, cardboard, plastics, glass, batteries, or metals; or the use of recyclable 

materials. The plan shall identify any additional waste management measures; and the owner of an 

affected facility shall implement those measures considered practical and feasible, based on the 
effectiveness of waste management measures already in place, the costs of additional measures, the 

emissions reductions expected to be achieved, and any other environmental or energy impacts they might 

have. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-40-6420. Compliance schedule. 

A. The owner of a CISWI unit planning to continue operation and achieve compliance with this article 

by the date one year after the baseline compliance date shall complete the following: 

1. Comply with the operator training and qualification requirements and inspection requirements, if 

applicable, of 9VAC5-40-6400 by the date one year after the baseline compliance date. 

2. Submit a waste management plan no later than six months after the baseline compliance date. 

3. Achieve final compliance by the date one year after the baseline compliance date. The final 

compliance increment of progress shall be achieved by incorporation of all process changes and 

completion of retrofit construction of control devices, as specified in the final control plan, in order 

that the affected unit brought online operates all necessary process changes and air pollution 

control devices as designed. 

4. Conduct the initial emission test no later than 90 days after the final compliance date specified in 

subdivision 3 of this subsection. 

5. Submit an initial report, including the results of the initial emission test, no later than 60 days 

following the initial emission test as required by 9VAC5-40-6480 E. 

B. The owner of a CISWI unit planning to continue operation and achieve compliance with this article 

after the date one year after the baseline compliance date and before the date two years after the 

baseline compliance date shall (i) petition for an extension of the final compliance date specified in 
subdivision A 3 of this section by meeting the requirements of 9VAC5-40-6421, and shall have been 

granted the extension by the board; and (ii) meet the increments of progress in subsection C of this 

section. The final compliance increment of progress shall be achieved by completion of the following: 

1. Comply with the operator training and qualification requirements and inspection requirements, if 

applicable, of 9VAC6-40-6400 by the date one year after the baseline compliance date. 

2. Submit a waste management plan no later than six months after the baseline compliance date. 

3. Achieve final compliance by the date two years after the baseline compliance date. The final 

compliance increment of progress shall be achieved by incorporation of all process changes and 

completion of retrofit construction of control devices, as specified in the final control plan, in order 

that the affected unit brought online operates all necessary process changes and air pollution 

control devices as designed. 

4. Conduct the initial emission test no later than 90 days after the final compliance date specified in 

subdivision 3 of this subsection. 

5. Submit an initial report, including the result of the initial emission test, no later than 60 days 

following the initial emission test as required by 9VAC5-40-6480 E. 

C. The owner of a CISWI unit planning to achieve compliance later than one year after the baseline 

compliance date shall meet the following increments of progress: 

1. Submit and maintain a final control plan by the date six months after the baseline compliance 

date. 

2. Achieve final compliance by the date two years after the baseline compliance date. 

D. The owner shall notify the board as increments of progress are achieved. Notification of 

achievement of increments of progress shall include the following: 

1. Notification that the increment of progress has been achieved. 

2. Any items required to be submitted with each increment of progress. 

3. Signature of the owner of the CISWI unit. 
E. Notifications for achieving increments of progress shall be postmarked no later than 10 business 

days after the compliance date for the increment. 

F. If an increment of progress is not met, the owner of the affected source shall submit a notification to 

the board postmarked within 10 business days after the date for that increment of progress. The owner 

shall continue to submit reports each subsequent calendar month until the increment of progress is met. 

G. The control plan increment of progress shall meet the following requirements: 

1. Submittal of the final control plan, which shall include the following: 

a. A description of the devices for air pollution control and process changes that will be used to 

comply with the emission limitations and other requirements of this article; 

b. The types of waste to be burned; 

c. The maximum design waste burning capacity; 

d. The anticipated maximum charge rate; and 

e. If applicable, the petition for site-specific operating limits under 9VAC5-40-6430 D. 

2. Maintenance of a copy of the final control plan onsite. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003; Errata, 19:25 VA.R. 3844 

August 25, 2003. 

9VAC5-40-6421. Compliance schedule extension. 

The owner of a CISWI unit planning to continue operation and achieve compliance with this article 

after the date one year after the baseline compliance date and before the date two years after the 

baseline compliance date shall petition the board for an extension using the following procedures: 

1. The request for an extension shall be submitted to the board on or before the date two months 
after the baseline compliance date. 

2. The request shall include documentation of the analyses undertaken to support the need for an 

extension, including an explanation of why the final compliance date specified in 9VAC5-40-6420 A 

3 cannot be met, and why the requested extension date is needed to provide sufficient time for 

design, fabrication, and installation of the emissions control systems necessary to meet the 

requirements of this article. No request will be granted based upon the avoidance of costs. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-40-6422. Shutdown and restart. 

A. The owner of a CISWI unit planning to permanently shut down rather than comply with the 

complete set of requirements in this article shall complete the following: 

1. If shutdown is planned to be completed by the date one year after the baseline compliance date, 

then shutdown must occur no later than the date one year after the baseline compliance date. The 

federal operating permit requirements of 9VAC5-40-6250 F shall be met regardless of when 

shutdown occurs. 

2. If shutdown is planned but cannot be achieved by the date one year after the baseline 

compliance date, the owner of a CISWI unit shall petition the board for and be granted an 

extension using the following procedures: 

a. Submit the request for an extension to the board by the date two months after the baseline 

compliance date. The request shall include the following: 

(1) Documentation of the analyses undertaken to support the need for an extension, including 

an explanation of why the requested extension date is sufficient for shutdown while the date 

one year after the baseline compliance date is not sufficient. No request will be granted based 
upon the avoidance of costs. Documentation shall include an evaluation of the option to 

transport waste offsite to a commercial or municipal waste treatment or disposal facility or both 

on a temporary or permanent basis. 

(2) Documentation of incremental steps of progress, including dates for completing the 

increments of progress, that will be taken toward shutdown. 

b. Shutdown shall occur no later than the date two years after the baseline compliance date. 

3. Compliance with the operator training and qualification requirements and inspection 

requirements, if applicable, of 9VAC5-40-6400 shall be achieved by the date one year after the 

baseline compliance date. 

4. A legally binding closure agreement shall be submitted to the board by the date six months after 

the baseline compliance date. The closure agreement shall specify the date by which operation will 

cease. The closure date shall be no later than the date two years after the baseline compliance 

date. 

5. The federal operating permit requirements of 9VAC5-40-6250 F shall be met regardless of when 

shutdown occurs. 

B. If the CISWI unit is temporarily shut down and restarted for the purpose of continuing operation, the 

following requirements shall be met. The federal operating permit requirements of 9VAC5-40-6250 F shall 

be met at the time the unit is restarted. 

1. If operation is planned to continue and compliance is planned to be achieved by the date one 

year after the baseline compliance date, the requirements of 9VAC5-40-6420 A shall apply. 

2. If operation is planned to continue and compliance is planned to be achieved on or before the 

date two years after the baseline compliance date, the requirements of 9VAC5-40-6420 B shall be 

met. The owner of a CISWI unit shall have first requested an extension from the initial compliance 

date by following the requirements of 9VAC5-40-6421, and shall have been granted the extension 

by the board. 
3. If the unit is restarted after the date one year after the baseline compliance date and resumes 

operation, but the owner has not previously requested an extension by meeting the requirements 

of 9VAC5-40-6421, the owner shall complete the requirements of 9VAC5-40-6420 A at the time the 

unit is restarted. Upon restarting the unit, the owner shall have incorporated all process changes 

and completed retrofit construction of control devices in order that the affected unit brought online 

operates all necessary process changes and air pollution control devices as designed. 

C. For purposes of this section, the term "shutdown" shall have the meaning specified in 9VAC5 

Chapter 10. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-40-6430. Operating limits. 

A. The owner of a facility using wet scrubbers shall meet operating limits as established in 

subdivisions 1 and 2 of this subsection. 

1. Operating limits for operating parameters shall be in accordance with Table 4-45A. 

TABLE 4-45A 

OPERATING LIMITS FOR WET SCRUBBERS

Operating 

parameters Operating limits

Minimum frequencies

Data 

measurement Data recording Averaging time

Charge rate Maximum charge 

rate Continuous Every hour

Daily (batch units). 

3-hour rolling 

(continuous and 

intermittent units)a

Pressure drop 

across the wet 

scrubber or 

amperage to wet 

scrubber

Minimum pressure 

drop or amperage Continuous Every 15 minutes 3-hour rollinga
Scrubber liquor flow 

rate Minimum flow rate Continuous Every 15 minutes 3-hour rollinga

Scrubber liquor pH Minimum pH Continuous Every 15 

minutes 3-hour rollinga

aCalculated each hour as the average of the previous three operating hours.

2. Operating limits for wet scrubbers shall be established during the initial emission test as follows: 

a. Maximum charge rate shall be calculated using one of the following procedures: 

(1) For continuous and intermittent units, the maximum charge rate is 110% of the average 

charge rate measured during the most recent emission test demonstrating compliance with all 

applicable emission limitations. 

(2) For batch units, the maximum charge rate is 110% of the daily charge rate measured during 

the most recent emission test demonstrating compliance with all applicable emission limitations. 

b. Minimum pressure drop across the wet scrubber, which is calculated as 90% of the average 

pressure drop across the wet scrubber measured during the most recent emission test 

demonstrating compliance with the particulate matter emission limitations; or minimum 

amperage to the wet scrubber, which is calculated as 90% of the average amperage to the wet 

scrubber measured during the most recent emission test demonstrating compliance with the 

particulate matter emission limitations. 

c. Minimum scrubber liquor flow rate, which is calculated as 90% of the average liquor flow rate 

at the inlet to the wet scrubber measured during the most recent emission test demonstrating 

compliance with all applicable emission limitations. 

d. Minimum scrubber liquor pH, which is calculated as 90% of the average liquor pH at the inlet 

to the wet scrubber measured during the most recent emission test demonstrating compliance 

with the hydrogen chloride emission limitation. 

B. Operating limits established during the initial emission test shall be met on the date the initial 

emission test is required or completed, whichever is earlier.
C. If a fabric filter is used to comply with the emission limitations, each fabric filter system shall be 

operated such that the bag leak detection system alarm does not sound more than 5.0% of the operating 

time during a six-month period. In calculating this operating time percentage, if inspection of the fabric 

filter demonstrates that no corrective action is required, no alarm time is counted. If corrective action is 

required, each alarm shall be counted as a minimum of one hour. If longer than one hour to initiate 

corrective action transpires, the alarm time shall be counted as the actual amount of time taken to initiate 

corrective action. 

D. If an air pollution control device other than a wet scrubber is used, or if emissions are controlled in 

some other manner, the owner shall petition the board for specific operating limits to be established 

during the initial emission test and continuously monitored thereafter. The initial emission test shall not be 

conducted until after the petition has been approved by the board. The petition shall include the following: 

1. Identification of the specific parameters proposed to be used as additional operating limits. 

2. A discussion of the relationship between these parameters and emissions of regulated 

pollutants, identifying how emissions of regulated pollutants change with changes in these 

parameters, and how limits on these parameters will limit emissions of regulated pollutants. 

3. A discussion of how the upper or lower values, or both, for these parameters, which will 

establish the operating limits on these parameters, will be established. 

4. A discussion identifying the methods to be used to measure and the instruments to be used to 

monitor these parameters, and the relative accuracy and precision of these methods and 

instruments. 

5. A discussion identifying the frequency and methods for recalibrating the instruments used for 

monitoring these parameters. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

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

9VAC5-40-6440. Facility and control equipment maintenance or malfunction. 

A. The provisions of 9VAC5-20-180 (Facility and control equipment maintenance or malfunction) apply 

to the emission standards set forth in 9VAC5-40-6370, 9VAC5-40-6380, and 9VAC5-40-6390. 

B. The provisions of 9VAC5-20-180 A, B, C, D, H, and I apply to the emission limits in 9VAC5-40-6270 

through 9VAC5-40-6360. 

C. The emission limitations and operating limits apply at all times except during CISWI unit startups, 

shutdowns, or malfunctions. Each malfunction shall last no longer than three hours. This subsection shall 

not apply to the emission standards set forth in 9VAC5-40-6370, 9VAC5-40-6380, and 9VAC5-40-6390. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-40-6450. Test methods and procedures. 

A. The provisions governing test methods and procedures shall be as follows: 

1. With regard to the emissions standards in 9VAC5-40-6370, 9VAC5-40-6380, and 9VAC5-40-

6390, the provisions of 9VAC5-40-30 (Emission testing) apply. 

2. With regard to the emission limits in 9VAC5-40-6270 through 9VAC5-40-6360, the following 

provisions apply: 

a. 9VAC5-40-30 D and G. 

b. 40 CFR 60.8, with the exception of paragraph (a). 

c. Subsections B through H of this section. 

B. All emission tests shall consist of a minimum of three test runs conducted under conditions 

representative of normal operations. 
C. The owner shall document that the waste burned during the emission test is representative of the 

waste burned under normal operating conditions by maintaining a log of the quantity of waste burned (as 

required in 9VAC5-40-6480 B 2 a) and the types of waste burned during the emission test. 

D. All emission tests shall be conducted using the following minimum run durations and reference 

methods: 

1. For particulate matter: 3-run average (one hour minimum sample time per run), Reference 

Method 5 or 29. 

2. For carbon monoxide: 3-run average (one hour minimum sample time per run), Reference 

Method 10, 10A, or 10B. 

3. For dioxins/furans: 3-run average (one hour minimum sample time per run), Reference Method 

23. 

4. For hydrogen chloride: 3-run average (one hour minimum sample time per run), Reference 

Method 26A. 

5. For sulfur dioxide: 3-run average (one hour minimum sample time per run), Reference Method 6 

or 6c. 

6. For nitrogen oxides: 3-run average (one hour minimum sample time per run), Reference 

Methods 7, 7A, 7C, 7D, or 7E. 

7. For lead: 3-run average (one hour minimum sample time per run), Reference Method 29. 

8. For cadmium: 3-run average (one hour minimum sample time per run), Reference Method 29. 

9. For mercury: 3-run average (one hour minimum sample time per run), Reference Method 29. 

10. For visible emissions: six-minute average, Reference Method 9. 

E. Reference Method 1 shall be used to select the sampling location and number of traverse points. 

F. Reference Method 3A or 3B shall be used for gas composition analysis, including measurement of 

oxygen concentration. Reference Method 3A or 3B shall be used simultaneously with each method. 

G. All pollutant concentrations, except for opacity, shall be adjusted to 7.0% oxygen using the 
following equation: 

Cadj = Cmeas(20.9%–7)/(20.9–% O2) 

where: 

Cadj= pollutant concentration adjusted to 7.0% oxygen; 

Cmeas = pollutant concentration measured on a dry basis; 

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

20.9 = oxygen concentration in air, percent; and 

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

H. The owner of an affected facility shall determine the dioxins/furans toxic equivalency as follows: 

1. Measure the concentration of each dioxin/furan tetra- through octa-congener emitted using EPA 

Method 23. 

2. For each dioxin/furan congener measured in accordance with subdivision 1 of this subsection, 

multiply the congener concentration by its corresponding toxic equivalency factor specified in Table 

4-45B of this article. 

TABLE 4-45B. 

TOXIC EQUIVALENCY FACTORS 

Dioxin/furan congener Toxic equivalency 

factor

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

1,2,3,7,8-pentachlorinated dibenzo-p-dioxin 0.5

1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin 0.1

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

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

1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin 0.01

Octachlorinated dibenzo-p-dioxin 0.001

2,3,7,8-tetrachlorinated dibenzofuran 0.1

2,3,4,7,8-pentachlorinated dibenzofuran 0.5
1,2,3,7,8-pentachlorinated dibenzofuran 0.05

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

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

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

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

1,2,3,4,6,7,8-heptachlorinated dibenzofuran 0.01

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

Octachlorinated dibenzofuran 0.001

3. Sum the products calculated in accordance with subdivision 2 of this subsection to obtain the 

total concentration of dioxins/furans emitted in terms of toxic equivalency. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-40-6460. Compliance 

A. The provisions governing compliance shall be as follows: 

1. With regard to the emissions standards in 9VAC5-40-6370, 9VAC5-40-6380, and 9VAC5-40-

6390, the provisions of 9VAC5-40-20 (Compliance) apply. 

2. With regard to the emission limits in 9VAC5-40-6270 through 9VAC5-40-6360, the following 

provisions apply: 

a. 9VAC5-40-20 B, C, D, and E, 

b. 40 CFR 60.11, and 

c. Subsections B and C of this section. 

B. The owner of an affected facility shall conduct an initial emission test to determine compliance with 

the emission limitations in 9VAC5-40-6270 through 9VAC5-40-6360 and to establish operating limits 

using the procedures in 9VAC5-40-6430. The initial emission test shall be conducted using the reference 
methods and procedures in 9VAC5-40-6450, and shall be conducted no later than 90 days after the final 

compliance date specified in 9VAC5-40-6420 A or B, as applicable. 

C. The owner of an affected facility shall conduct an annual emission test for particulate matter, 

hydrogen chloride, and opacity for each CISWI unit to determine compliance with the emission limitations 

under 9VAC5-40-6270 through 9VAC5-40-6360 as follows: 

1. The annual emission test shall be conducted using the test methods and procedures in 9VAC5-

40-6450. 

2. The operating limits specified in 9VAC5-40-6430 shall be continuously monitored. Operation 

above the established maximum or below the established minimum operating limits constitutes a 

deviation from the established operating limits. Three-hour rolling average values shall be used to 

determine compliance (except for baghouse leak detection system alarms) unless a different 

averaging period is established under 9VAC5-40-6430 D. Operating limits do not apply during 

emission tests. 

3. Only the same types of waste used to establish operating limits shall be burned during the 

emission test. 

4. Annual emission tests for particulate matter, hydrogen chloride, and opacity shall commence 

within 12 months following the initial emission test. Subsequent annual emission tests shall be 

conducted within 12 months following the previous one. 

5. The owner of an affected facility may conduct emission testing less often if the unit has test data 

for at least three years, and all emission tests for the pollutant (particulate matter, hydrogen 

chloride, or opacity) over three consecutive years show that the unit complies with the emission 

limitation. In this case, no emission test is required for that pollutant for the next two years. The 

owner shall conduct an emission test during the third year and no more than 36 months following 

the previous emission test. 

6. If the CISWI unit continues to meet the emission limitation for particulate matter, hydrogen 
chloride, or opacity, the owner may conduct emission tests for these pollutants every third year, but 

each test shall be within 36 months of the previous test. 

7. If an emission test shows a deviation from an emission limitation for particulate matter, hydrogen 

chloride, or opacity, the owner shall conduct annual emission tests for that pollutant until all 

emission tests over a three-year period show compliance. 

8. A repeat emission test may be conducted at any time to establish new values for the operating 

limits. The board may request a repeat emission test at any time. The emission test shall be 

repeated if the feed stream is different than the feed streams used during any emission test used 

to demonstrate compliance. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-40-6470. Monitoring. 

A. The provisions governing monitoring shall be as follows: 

1. With regard to the emissions standards in 9VAC5-40-6370, 9VAC5-40-6380, and 9VAC5-40-

6390, the provisions of 9VAC5-40-40 (Monitoring) apply. 

2. With regard to the emission limits in 9VAC5-40-6270 through 9VAC5-40-6360, the following 

provisions apply: 

a. 9VAC5-40-40 A and F, 

b. 40 CFR 60.13, and 

c. Subsections B through F of this section. 

B. The owner of an affected facility using a wet scrubber to comply with the emission limitations under 

9VAC5-40-6270 through 9VAC5-40-6360 shall install, calibrate (to manufacturers' specifications), 

maintain, and operate devices (or establish methods) for monitoring the value of the operating parameters 
used to determine compliance with the operating limits listed in Table 4-45A. These devices (or methods) 

shall measure and record the values for these operating parameters at the frequencies indicated in Table 

4-45A at all times except as specified in subsection E of this section. 

C. The owner of an affected facility using a fabric filter to comply with the requirements of this article 

shall install, calibrate, maintain, and continuously operate a bag leak detection system as follows: 

1. A bag leak detection system shall be installed and operated for each exhaust stack of the fabric 

filter. 

2. Each bag leak detection system shall be installed, operated, calibrated, and maintained in a 

manner consistent with the manufacturers' written specifications and recommendations. 

3. The bag leak detection system shall be certified by the manufacturer to be capable of detecting 

particulate matter emissions at concentrations of 10 milligrams per actual cubic meter or less. 

4. The bag leak detection system sensor shall provide output of relative or absolute particulate 

matter loadings. 

5. The bag leak detection system shall be equipped with a device to continuously record the output 

signal from the sensor. 

6. The bag leak detection system shall be equipped with an alarm system that sounds 

automatically when an increase in relative particulate matter emissions over a preset level is 

detected. The alarm shall be located where it is easily heard by plant operating personnel. 

7. For positive pressure fabric filter systems, a bag leak detection system shall be installed in each 

baghouse compartment or cell. For negative pressure or induced air fabric filters, the bag leak 

detector shall be installed downstream of the fabric filter. 

8. Where multiple detectors are required, the system's instrumentation and alarm may be shared 

among detectors. 

D. The owner of an affected facility using something other than a wet scrubber to comply with the 

emission limitations under 9VAC5-40-6270 through 9VAC5-40-6260 shall install, calibrate (to the 
manufacturers' specifications), maintain, and operate the equipment necessary to monitor compliance 

with the site-specific operating limits established using the procedures in 9VAC5-40-6430 D. 

E. Except for monitoring malfunctions, associated repairs, and required quality assurance or quality 

control activities (including, as applicable, calibration checks and required zero and span adjustments of 

the monitoring system), the owner of an affected facility shall conduct all monitoring at all times the CISWI 

unit is operating. 

F. Data recorded during monitoring malfunctions, associated repairs, and required quality assurance 

or quality control activities for meeting the requirements of this article, including data averages and 

calculations, shall not be used. All the data collected during all other periods shall be used in assessing 

compliance with the operating limits. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-40-6480. Recordkeeping and reporting. 

A. The provisions governing recordkeeping and reporting shall be as follows: 

1. With regard to the emissions standards in 9VAC5-40-6370, 9VAC5-40-6380, and 9VAC5-40-

6390, the provisions of 9VAC5-40-50 (Notification, records and reporting) apply. 

2. With regard to the emission limits in 9VAC5-40-6270 through 9VAC5-40-6360, the following 

provisions apply: 

a. 9VAC5-40-50 F and H, 

b. 40 CFR 60.7, and 

c. Subsections B through J of this section. 

B. The following records, as applicable, shall be maintained for a period of at least five years: 
1. Calendar date of each record. 

2. Records of the following data: 

a. The CISWI unit charge dates, times, weights, and hourly charge rates. 

b. Liquor flow rate to the wet scrubber inlet every 15 minutes of operation, as applicable. 

c. Pressure drop across the wet scrubber system every 15 minutes of operation or amperage to 

the wet scrubber every 15 minutes of operation, as applicable. 

d. Liquor pH as introduced to the wet scrubber every 15 minutes of operation, as applicable. 

e. For affected CISWI units that establish operating limits for controls other than wet scrubbers 

under 9VAC5-40-6430 D, the owner shall maintain data collected for all operating parameters 

used to determine compliance with the operating limits. 

f. If a fabric filter is used to comply with the emission limitations, the owner shall record the 

date, time, and duration of each alarm and the time corrective action was initiated and 

completed, and a brief description of the cause of the alarm and the corrective action taken. 

The owner shall also record the percent of operating time during each six-month period that the 

alarm sounds, calculated as specified in 9VAC5-40-6430 C. 

3. Identification of calendar dates and times for which monitoring systems used to monitor 

operating limits were inoperative, inactive, malfunctioning, or out of control (except for downtime 

associated with zero and span and other routine calibration checks). Identify the operating 

parameters not measured, the duration, reasons for not obtaining the data, and a description of 

corrective actions taken. 

4. Identification of calendar dates, times, and durations of malfunctions, and a description of the 

malfunction and the corrective action taken. 

5. Identification of calendar dates and times for which data show a deviation from the operating 

limits in Table 4-45A or a deviation from other operating limits established under 9VAC5-40-6430 D 

with a description of the deviations, reasons for such deviations, and a description of corrective 
actions taken. 

6. The results of the initial, annual, and any subsequent emission tests conducted to determine 

compliance with the emission limits and to establish operating limits, as applicable. Retain a copy 

of the complete emission test report including calculations. 

7. Records showing the names of CISWI unit operators who have completed review of the 

information in 9VAC5-40-6400 H as required by 9VAC5-40-6400 I, including the date of the initial 

review and all subsequent annual reviews. 

8. Records showing the names of the CISWI operators who have completed the operator training 

requirements under 9VAC5-40-6400 A, met the criteria for qualification under 9VAC5-40-6400 E, 

and maintained or renewed their qualification under 9VAC5-40-6400 F or G. Records shall include 

documentation of training, the dates of the initial and refresher training, and the dates of their 

qualification and all subsequent renewals of such qualifications. 

9. For each qualified operator, the telephone or pager number at which they can be reached during 

operating hours. 

10. Records of calibration of any monitoring devices as required under 9VAC5-40-6470 A through 

C. 

11. Equipment vendor specifications and related operation and maintenance requirements for the 

incinerator, emission controls, and monitoring equipment. 

12. The information listed in 9VAC5-40-6400 H. 

13. On a daily basis, a log of the quantity of waste burned and the types of waste burned. 

C. All records shall be available onsite in either paper copy or computer-readable format that can be 

printed upon request, unless an alternative format is approved by the board. 

D. The owner of an affected facility shall submit the waste management plan no later than the date 

specified in 9VAC5-40-6410 B. 

E. The information specified in this subsection shall be submitted no later than 60 days following the 
initial emission test. All reports shall be signed by the facilities manager. 

1. The complete emission test report for the initial emission test results obtained under 9VAC5-40-

6460 B, as applicable. 

2. The values for the site-specific operating limits established in 9VAC5-40-6430. 

3. If a fabric filter is being used to comply with the emission limitations, documentation that a bag 

leak detection system has been installed and is being operated, calibrated, and maintained as 

required by 9VAC5-40-6470 C. 

F. An annual report shall be submitted no later than 12 months following the submission of the 

information in subsection E of this section. Subsequent reports shall be submitted no more than 12 

months following the previous report. If the unit is subject to permitting requirements under the federal 

operating permit program, the permit may require submittal of these reports more frequently. 

G. The annual report required under subsection F of this section shall include the items listed in this 

subsection. If a deviation from the operating limits or the emission limitations occurs, deviation reports 

shall also be submitted as specified in 9VAC5-40-6480 H. 

1. Company name and address. 

2. Statement by a responsible official, with that official's name, title, and signature, certifying the 

accuracy of the content of the report. 

3. Date of report and beginning and ending dates of the reporting period. 

4. The values for the operating limits established pursuant to 9VAC5-40-6430. 

5. If no deviation from any applicable emission limitation or operating limit has been reported, a 

statement that there was no deviation from the emission limitations or operating limits during the 

reporting period, and that no monitoring system used to determine compliance with the operating 

limits was inoperative, inactive, malfunctioning or out of control. 

6. The highest recorded three-hour average and the lowest recorded three-hour average, as 

applicable, for each operating parameter recorded for the calendar year being reported. 
7. Information recorded under subdivisions B 2 f and B 3 through 5 of this section for the calendar 

year being reported. 

8. If an emission test was conducted during the reporting period, the results of that test. 

9. If the requirements of 9VAC5-40-6460 C 5 or 6 were met, and no emission test was conducted 

during the reporting period, a statement that the facility met the requirements of 9VAC5-40-6460 C 

5 or 6, and, therefore, no emission test during the reporting period was required. 

10. Documentation of periods when all qualified CISWI unit operators were unavailable for more 

than eight hours, but less than two weeks. 

H. Deviation reports shall be submitted in accordance with the following: 

1. A deviation report shall be submitted if (i) any recorded three-hour average parameter level is 

above the maximum operating limit or below the minimum operating limit established under this 

article, (ii) the bag leak detection system alarm sounds for more than 5.0% of the operating time for 

the six-month reporting period, or (iii) an emission test was conducted that deviated from any 

emission limitation. 

2. The deviation report shall be submitted by August 1 of that year for data collected during the first 

half of the calendar year (January 1 to June 30), and by February 1 of the following year for data 

collected during the second half of the calendar year (July 1 to December 31). 

3. For any pollutant or parameter that deviated from the emission limitations or operating limits 

specified in this article, the following items shall be included in the deviation report: 

a. The calendar dates and times the unit deviated from the emission limitations or operating 

limit requirements. 

b. The averaged and recorded data for those dates. 

c. Duration and causes of each deviation from the emission limitations or operating limits, and 

corrective actions taken. 

d. A copy of the operating limit monitoring data during each deviation and any emission test 
report that documents the emission levels. 

e. The dates, times, number, duration, and causes for monitoring downtime incidents other than 

downtime associated with zero, span, and other routine calibration checks. 

f. Whether each deviation occurred during a period of startup, shutdown, or malfunction, or 

during another period. 

4. Deviations from the requirement to have a qualified operator accessible shall be reported as 

follows: 

a. If all qualified operators are not accessible for two weeks or more, the owner shall: 

(1) Submit a notification of the deviation within 10 days that includes a statement of what 

caused the deviation, a description of what is being done to ensure that a qualified operator is 

accessible, and the anticipated date when a qualified operator will be available; and 

(2) Submit a status report to the board every four weeks that includes a description of what is 

being done to ensure that a qualified operator is accessible, the anticipated date when a 

qualified operator will be accessible, and request for approval from the board to continue 

operation of the CISWI unit. 

b. If the unit was shut down by the board under the provisions of 9VAC5-40-6400 J 2 a due to a 

failure to provide an accessible qualified operator, the owner shall notify the board that the unit 

will resume operation once a qualified operator is accessible. 

I. Initial, annual, and deviation reports shall be submitted electronically or in paper format, postmarked 

on or before the submittal due dates. 

J. Semiannual or annual reporting dates may be changed with the approval of the board in 

accordance with the procedures in 40 CFR 60.19(c). 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

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

9VAC5-40-6490. Requirements for air curtain incinerators. 

A. The owner of an affected air curtain incinerator that plans to continue operation shall achieve final 

compliance by the date one year after the baseline compliance date. An air curtain incinerator that 

continues to operate after the date one year after the baseline compliance date without being in 

compliance with this article shall be considered to be in violation of this article. 

B. In order to achieve final compliance, the owner shall complete all equipment changes and retrofit 

installation of control devices so that when the affected air curtain incinerator is placed into service, all 

necessary equipment and air pollution control devices operate as designed and meet the opacity limits of 

subsection D of this section. 

C. The following shall be met if an air curtain incinerator is to be shut down: 

1. If an incinerator is shut down but will be restarted prior to the final compliance date specified in 

subsection A of this section, the owner shall (i) achieve final compliance by the date one year after 

the baseline compliance date and (ii) meet the federal operating permit requirements of 9VAC5-40-

6250 F on the date the incinerator restarts operation. 

2. If an incinerator is shut down but will be restarted after the date one year after the baseline 

compliance date, the owner shall (i) complete any needed emission control retrofits, (ii) meet the 

opacity limits of subsection D of this section, and (iii) meet the federal operating permit 

requirements of 9VAC5-40-6250 F on the date the incinerator restarts operation. 

3. If an incinerator is permanently shut down, the owner shall (i) submit a closure notification, 

including the date of closure, to the board 180 days after the final compliance date specified in 

subsection A of this section and (ii) meet the federal operating permit requirements of 9VAC5-40-

6250 F regardless of when shutdown occurs. 

D. After the date the initial emission test is required or completed (whichever is earlier), no owner or 

other person shall cause or permit to be discharged into the atmosphere from any affected air curtain 
incinerator any emissions in excess of the following limits: 

1. The opacity limitation is 10% (six-minute average), except as described in subdivision 2 of this 

subsection. 

2. The opacity limitation is 35% (six-minute average) during the startup period that is within the first 

30 minutes of operation. 

E. Except during malfunctions, the requirements of this article shall apply at all times, and each 

malfunction shall not exceed three hours. 

F. Air curtain incinerators shall meet the following requirements to determine compliance with the 

opacity limitation: 

1. Compliance with the opacity limitation shall be determined using Reference Method 9. 

2. An initial emission test for opacity shall be conducted no later than 90 days after the final 

compliance date specified in 9VAC5-40-6490 A. 

3. After the initial emission test for opacity, annual emission tests shall be conducted no more than 

12 calendar months following the date of the previous emission test. 

G. The owner of an air curtain incinerator shall maintain records and submit reports as follows:

1. Records of results of all initial and annual emission tests for opacity shall be kept onsite in either 

paper copy or electronic format, unless the board approves another format, for at least five years. 

2. All records shall be made available for submittal to the board or for an inspector's onsite review. 

3. An initial report shall be submitted no later than 60 days following the initial emission test for 

opacity that includes the following information: 

a. The types of materials to be combusted. 

b. The results (each six-minute average) of the initial emission tests for opacity. 

4. Annual emission test results for opacity shall be submitted within 12 months following the 

previous report. 
5. Initial and annual emission test reports for opacity shall be submitted as electronic or paper copy 

on or before the applicable submittal date. A copy shall be maintained onsite for a period of five 

years. 

H. For purposes of this section, the term "shutdown" shall have the meaning specified in 9VAC5 

Chapter 10. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-40-6500. Registration. 

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

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-40-6510. Permits. 

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

9VAC5 Chapter 50 and 9VAC5 Chapter 80 apply. Owners contemplating such action should review those 

provisions and contact the appropriate regional office for guidance on whether those provisions apply. 

1. Construction of a facility. 

2. Reconstruction (replacement of more than half) of a facility. 

3. Modification (any physical change to equipment) of a facility. 

4. Relocation of a facility. 

5. Reactivation (restart-up) of a facility. 
6. Operation of a facility. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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