TECHNICAL SUPPORT DOCUMENT

FOR THE COMMONWEALTH OF VIRGINIA 

SECTION 111(d)/129 PLAN

FOR THE CONTROL OF EMISSIONS FROM EXISTING

SEWAGE SLUDGE INCINERATOR UNITS 

Submitted By the Virginia Department of Environmental 

Quality on December 12, 2012 

TSD Prepared by Mike Gordon

Office of Permits and Air Toxics, 3AP10

U.S. Environmental Protection Agency, Region 3

1650 Arch Street

Philadelphia, Pennsylvania 19103

(215)814-2039

Reviewed By:

/s/

Kathleen Cox

Associate Director

Office of Permits and Air Toxics 

 

10/24/2013

Date Signed
2

TABLE OF CONTENTS

 Page

I. General provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

 A. What action is EPA approving? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

 B. What pollutant(s) will this action control? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

 C. What are the expected environmental and public health benefits from controlling 

 Sewage Sludge Incinerator (SSI) emissions? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

II. Federal requirements the Virginia (VA) plan must meet for approval. . . . . . . . . . . . . . . . . 3

 A. What general requirements must the VADEQ meet in order to receive approval of its 

plan? ......................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... 3

 B. What does the VA plan contain? . ......................... . . . . . . . . . . . . . . . . . . . ........ 3

 C. Does the VA plan meet all EPA requirements for approval? ....................................... 4

 III. Requirements for affected SSI unit owners/operators . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

 A. What general requirements must I meet under the approved plan? . . . . . . . . ........... 16

 B. Is there a requirement for obtaining a Title V permit? . . . . . . . . . . . . . . . . . . . . . . . . 16

IV. Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
3

 VIRGINIA Section 111(d)/129 PLAN FOR EXISTING SEWAGE SLUDGE 

INCINERATION UNITS

I. General Provisions

Q. What action is EPA approving?

A. On December 12, 2012 the Virginia Department of Environmental Quality (VADEQ)

submitted a formal Clean Air Act (CAA) Section 111(d)/129 plan (the “plan”) to EPA. This 

rulemaking action is for the approval of Virginia’s plan which addresses EPA’s March 21, 2011

final rule for Standards of Performance for New Stationary Sources and Emission Guidelines for 

Existing Sources: Sewage Sludge Incineration Units, 40 CFR 60, Subparts LLLL and MMMM 

(76 FR 15372). Included with the plan is Virginia’s state rule for “Emissions Standards for 

Sewage Sludge Incineration Units.” The scope of Virginia’s plan and EPA’s approval is limited 

to Part 60 and 62 provisions relevant to existing SSI units. 

Q. What pollutant(s) will this action control?

A. The pollutants are dioxins/furans, carbon monoxide, metals (cadmium, lead, mercury, 

particulate matter), opacity, hydrogen chloride, sulfur dioxide, and nitrogen oxides.

Q. What are the expected environmental and public health benefits from controlling SSI

emissions?

A. The benefits are explained in Section VI of the preamble to the final NSPS and emissions 

guidelines. (76 FR 15397).

II. Federal Requirements the Virginia SSI plan must meet for approval

Q. What general requirements must the VADEQ meet to receive approval of its plan submittal?

A. The Virginia plan must meet the requirements of 1) 40 CFR Part 60, Subpart B, Sections 

60.23 through .26, except the provisions relating to electric generating units; 2) 40 CFR Part 60, 

Subpart MMMM; and 3) 40 CFR Part 62, Subpart A.

Q. What does the Virginia plan contain?

The plan contains regulations under the Virginia Administrative Code (VAC), specifically 

Article 55 of 9VAC5 Chapter 40, entitled “Emissions Standards for Sewage Sludge 

Incinerators.” This rule was promulgated by Virginia as a result of the March 21, 2011 final 

emissions guidelines and NSPS for SSI units. The submitted plan contains:

1) The Virginia plan, including 9VAC5-40, Article 55.

2) Certification of public participation activities.
4

3) Record of hearing and summary of public comment.

Q. Does the Virginia plan meet all EPA requirements for approval?

A. Yes. The completeness and approvability of the Virginia plan in the context of 40 CFR Part 

60, Subparts B, and MMMM are summarized below.
5

9VAC5-40 Article 55 Review

Subpart MMMM (' ' 60.5085 through 60.5250) Model Rule Requirements

Subpart MMMM – Federal 

Requirements, Rule Section(s).

9VAC5-40 Article 55 Does State 

Rule Meet 

Subpart 

MMMM 

Requirements?

 Comment(s)

Increments of Progress,

§§60.5085 to 5125

9VAC5-40-8280 Yes Contains final control plan submittal date of March 21, 

2013 and a final compliance date of March 21, 2016.

The plan incorporates by reference the language in 40 

CFR § 60.5085 to 5125 into the state rule for existing SSI 

units.

Operator Training and 

Qualification,

§§60.5130 to 5160

9VAC5-40-8280 Yes The plan incorporates by reference the language in 40 

CFR § 60.5130 to 5160 into the state rule for existing SSI 

units.

Emission Limits, 

Emission Standards, and 

Operating Limits and 

Requirements,

§§60.5165 to 5181

9VAC5-40-8220,

9VAC5-40-8290,

9VAC5-40-

8340.B.2.

Yes The plan incorporates by reference the language in 40 

CFR § 60.5165 to 5181 into the state rule for existing SSI 

units.

Initial Compliance 

Requirements,

§§60.5185 to 5200

9VAC5-40-

8300.B.3

Yes The plan incorporates by reference the language in 40 

CFR § 60.5185 to 5200 into the state rule for existing SSI 

units.

Continuous Compliance 

Requirements,

§§60.5205 to 5215

9VAC5-40-

8300.B.3

Yes The plan incorporates by reference the language in 40 

CFR § 60.5205 to 5215 into the state rule for existing SSI 

units.

Performance Testing, 

Monitoring, and 

Calibration 

Requirements,

§§60.5220 to 5225

9VAC5-40-

8310.B.5

Yes The plan incorporates by reference the language in 40 

CFR § 60.5220 to 5225 into the state rule for existing SSI 

units.

Recordkeeping and 

Reporting,

§60.5230 to 5235

9VAC-5-40-

8320.B.3.

Yes The plan incorporates by reference the language in 40 

CFR § 60.5230 to 5235 into the state rule for existing SSI 

units.
6

Title V Operating 

Permits,

§§60.5240 to 5245

9VAC5-40-8350 Yes The plan incorporates by reference the language in 40 

CFR § 60.5240 to 5245 into the state rule for existing SSI 

units.

Definitions,

§60.5250

9VAC5-40-

8210.C

Yes The plan incorporates by reference the language in 40 

CFR § 60.5250 into the state rule for existing SSI units

with limited exceptions noted in subsection C. While the 

definition of “Administrator” has been changed to mean 

“the board” for purposed of the state rule for existing SSI 

units, we note that the EPA Administrator retains 

authority for several tasks, as stipulated in 40 CFR 

60.5050 and in the plan, Section J – Discretionary 

Authority. 

Tables 1 through 6 9VAC5-40-8280 

A and B.,

9VAC5-40-

8370.B

Yes The requirements of Table 1 of the emissions guidelines 

are addressed in 9VAC5-40-8280 A and B.

The requirements of Tables 2 through 6 are incorporated 

by reference into the state rule.
7

Evaluation of the Virginia plan submittal against the requirements of 40 CFR Parts 60, Subpart B, 

Sections 60.23 through 60.26.

40 CFR 60.23 - Adoption and submittal of State plans; public hearings.

Federal Requirements VADEQ Submittal

' 60.23(a)(1) Within nine months after notice 

of the availability of a final guideline 

document is published under ' 60.22(a), each 

State shall adopt and submit to the 

Administrator, in accordance with ' 60.4, a 

plan for the control of the designated pollutant 

to which the guideline document applies.

CAA section 129(b)(2) supersedes this 

provision. States are allowed up to one year 

after rule promulgation to submit a plan. 

 (2) Within nine months after notice of 

the availability of a final revised guideline 

document is published as provided in 

' 60.22(d)(2), each State shall adopt and 

submit to the Administrator any plan revision 

necessary to meet the requirements of this 

subpart.

Subpart MMMM, ' 60.5005(b) supersedes 

' 60.23. State plans were due March 21, 

2012.

' 60.23(b) If no designated facility is located 

within a State, the State shall submit a letter of

certification to that effect to the Administrator 

within the time specified in paragraph (a) of 

this section. Such certification shall exempt 

the State from the requirements of this subpart 

for that designated pollutant.

Not applicable. 

 

 

' 60.23(c)(1) Except as provided in 

paragraphs (c)(2) and (c)(3) of this section, the 

State shall, prior to the adoption of any plan or 

revision thereof, conduct one or more public 

hearings within the State on such plan or plan 

revision.

A public hearing on the plan was held in 

Richmond, VA on December 5, 2012.
8

' 60.23(d) Any hearing required by paragraph 

(c) of this section shall be held only after 

reasonable notice. Notice shall be given at 

least 30 days prior to the date of such hearing.

A certified copy of the required public notice 

was provided. The notice was published in 

the November 5, 2012 version of the Virginia 

Register of Regulations.

' 60.23(e) The State shall prepare and retain, 

for a minimum of 2 years, a record of each 

hearing for inspection by any interested party. 

The record shall contain, as a minimum, a list 

of witnesses together with the text of each 

presentation.

The plan states that in accordance with 

§60.23(e), the complete record of the hearing, 

along with the list of commenters and the text 

of the written presentations or summary of the 

oral presentations, is located at the Air 

Division of the VADEQ.

' 60.23(f) The State shall submit with the 

plan or revision:

 (1) Certification that each paragraph (c) 

of this section was held in accordance with the 

notice required by paragraph (d) of this 

section; and

 (2) A list of witnesses and their 

organizational affiliations, if any, appearing at 

the hearing and a brief written summary of 

each presentation or written submission.

The VADEQ submitted the required 

certification. No comment was received on 

the proposed plan.

' 60.23(g) provides for alternate procedures 

to insure public participation.

Not applicable.

40 CFR 60.24 -- Emission standards and compliance schedules

' 60.24(a) Each plan shall include emission 

standards and compliance schedules.

The plan contains emissions limits consistent 

with the provisions of Subpart MMMM.

' 60.24(b)(1) Emission standards shall 

Not applicable.
9

prescribe allowable rates of emissions except 

when it is clearly impracticable. Such cases 

will be identified in the guideline documents 

issued under ' 60.22. Where emission 

standards prescribing equipment specification 

are established, the plan shall, to the degree 

possible, set forth the emission reductions 

achievable by implementation of such 

specifications, and may permit compliance by 

the use of equipment determined by the State 

to be equivalent to that prescribed.

 (2) Test methods and procedures for 

determining compliance with the emission 

standards shall be specified in the plan. 

Methods other than those specified in 

Appendix A to this part may be specified in 

the plan if shown to be equivalent or 

alternative methods are defined in ' 60.2(t) 

and (u). 

The plan submittal contains the required 

regulatory provisions. Test methods and 

procedures for determining compliance are 

contained in 9VAC5, Chapter 40, Article 55.

 

 

 (3) Emission standards shall apply to all 

designated facilities within the State. A plan 

may contain emission standards adopted by 

local jurisdictions provided that the standards 

are enforceable by the State.

The plan applies to all designated facilities

within the Commonwealth of Virginia.

' 60.24(c) Except as provided in paragraph 

(f) of this section where the Administrator has 

determined that a designated pollutant may 

cause or contribute to endangerment or public 

health, emission standards, shall be no less 

stringent than the corresponding emission 

guideline(s) specified in Subpart C of this 

part, and final compliance shall be required as 

expeditiously as practicable but no later than 

the compliance times specified in Subpart C 

of this part.

9VAC5-40-8280 requires expeditious 

compliance no later than March 21, 2016. 

' 60.24(d) Where the Administrator has 

Not applicable under section 129 rules.
10

determined that a designated pollutant may 

cause or contribute to endangerment of public

welfare but that adverse effects on public 

health have not been demonstrated, States 

may balance the emission guidelines, 

compliance times, and other information 

provided in the applicable guideline document 

against other factors of public concern in 

establishing emission standards, compliance 

schedules, and variances. Appropriate 

consideration shall be given to the factors 

specified in ' 60.22(b) and to information 

presented at the public hearing(s) conducted 

under ' 60.23(c).

' 60.24(e)(1) Any compliance schedule 

extending more than 12 months from the date 

required for submittal of the plan shall include 

legally enforceable increments of progress to 

achieve compliance for each designated 

facility or category of facilities. Increments of 

progress shall include, where practicable, each 

increment of progress specified in ' 60.21(h) 

and such additional increments of progress as 

may be necessary to permit close and effective 

supervision of progress toward final 

compliance.

9VAC5-40-8280 requires final control plan 

submittal by March 21, 2013 and final 

compliance by March 21, 2016.

 (2) A plan may provide that 

compliance schedules for individual sources 

or categories of sources will be formulated 

after plan submittal. Any such schedule shall 

be the subject of a public hearing held 

accordingly to ' 60.23 and shall be submitted 

to the Administrator within 60 days after the 

date of adoption of the schedule but in no case 

later than the date prescribed for submittal of 

the first semiannual report required by

' 60.25(e).

Not applicable for section 129 sources.
11

' 60.24(f) On a case-by-case basis for 

particular designated facilities, or classes of 

facilities, States may provide for the 

application of less stringent emission 

standards or longer compliance schedule than 

those otherwise required by paragraph (c) of 

this section, provided that the State 

demonstrated with respect to each facility (or 

class of facilities):

 (1) Unreasonable cost of control 

resulting from plant age, location or basic 

process design:

 (2) Physical impossibility of installing 

This provision is superseded by 129 (b)(2) 

that requires plan emission standards to be at 

“least as protective” as the emission 

guidelines. 9VAC5, Chapter 40, Article 55 

contains emissions limitations that are equal 

to those contained in 40 CFR part 60, subpart 

MMMM.

necessary control equipment; or 

 (3) Other factors specific to the facility 

(or class of facilities) that make application of 

a less stringent standard or final compliance 

time significantly more reasonable.

' 60.24(g) Nothing in this subpart shall be 

construed to preclude any State or political 

subdivision thereof from adopting or 

enforcing:

 (1) emission standards more stringent 

than emission guidelines specified in Subpart 

C of this part or in applicable guideline 

documents, or 

 (2) compliance schedules requiring 

final compliance at earlier times than those 

specified in Subpart C or in applicable 

guideline documents. 

The Commonwealth of Virginia is not 

imposing more stringent emission standards 

than those under 40 CFR part 60, subpart

MMMM.

40 CFR 60.25 -- Emission inventories, source surveillance, reports.

The plan contains the required source 
12

' 60.25(a) Each plan shall include an 

inventory of all designated facilities, including 

emission data for the designated pollutants 

and information related to emissions as 

specified in Appendix D to this part. Such 

data shall be summarized in the plan, and 

emission rates of designated facilities shall be 

correlated with applicable emission standards. 

As used in this subpart, “correlated” means 

presented in such a manner as to show the 

relationship between measured or estimated 

amounts of emissions and the amounts of such 

emissions allowable under applicable 

emission standards.

emission inventories – Attachment B. Any 

affected source not listed in the inventory 

must comply with all applicable requirements.

' 60.25(b) Each plan shall provide for 

monitoring the status of compliance with 

applicable emission standards. Each plan 

shall, as a minimum, provide for:

 (1) Legally enforceable procedures for 

requiring owners and operators of designated

facilities to maintain records and periodically 

report to the State information on the nature 

and amount of emissions from such facilities, 

and/or such information as may be necessary 

to enable the State to determine whether such 

facilities are in compliance with applicable 

portions of the plan.

 (2) Periodic inspection and, when 

applicable, testing of designated facilities. 

Monitoring, recordkeeping, reporting and 

testing requirements are contained in 9VAC5-

40-8310 and 8320.

The EPA Administrator retains authority for 

several tasks, as stipulated in 40 CFR 60.5050 

and in the plan, Section J – Discretionary 

Authority.

' 60.25(c) Each plan shall provide that 

information obtained by the State under 

paragraph (b) of this section shall be 

correlated with applicable emission standards 

(see ' 60.25(a)) and made available to the 

general public.

VADEQ has the authority to make emissions 

data available to the public.

See comments for § 60.25(b) and (c).
13

' 60.25(d) The provisions referred to in 

paragraphs (b) and (c) of this section shall be 

specifically identified. Copies of such 

provisions shall be submitted with the plan 

unless: 

 

 (1) They have been approved as 

portions of a preceding plan submitted under 

this subpart or as portions of an 

implementation plan submitted under Section 

110 of the Act, and

 (2) The State demonstrates:

(i) That the provisions are 

applicable to the designated 

pollutant(s) for which the plan is 

submitted, and 

(ii) That the requirements of 

' 60.26 are met. 

 

 

Provisions to require emissions data on a 

periodic basis are found in 9VAC5-20-160.

Provisions concerning the availability of 

information are found in 9VAC5-170-60. 

These provisions were provided to EPA in a 

separate submittal dated August 11, 2003 and 

which is cross-referenced as appropriate in the 

corresponding portions of the state SSI 

regulation.

' 60.25(e) The State shall submit reports on 

progress in plan enforcement to the 

Administrator on an annual (calendar year) 

basis, commencing with the first full report 

period after approval of a plan or after 

promulgation of a plan by the Administrator. 

Information required under this paragraph 

must be included in the annual report required 

by ' 51.321 of this chapter.

The VADEQ commits to submitting annual

progress reports to EPA. Each progress report 

will include: enforcement actions, 

achievement of increments of progress, 

identification of sources that have ceased 

operation, emission inventory information for 

sources that were not in operation at the time 

of plan development, updated emission 

inventory and compliance information, and 

copies of technical reports on all emission 

testing, including concurrent process data.

' 60.25(f) Each progress report shall include: 

(1) Enforcement actions initiated 

against designated facilities during the 

reporting period, under any emission standard 

or compliance schedule of the plan.

(2) Identification of the achievement 

of any increment of progress required by the 

See above.
14

applicable plan during the reporting period. 

(3) Identification of designated 

facilities that have ceased operation during the 

report period.

(4) Submission of emission inventory 

data as described in paragraph (a) of this 

section for designated facilities that were not 

in operation at the time of plan development 

but began operation during the reporting 

period.

(5) Submission of additional data as 

necessary to update the information submitted 

under paragraph (a) of this section or in 

previous progress reports.

(6) Submission of copies of technical 

reports on all performance testing on 

designated facilities conducted under 

paragraph (b)(2) of this section, complete with 

concurrently recorded process data. 

40 CFR 60.26 -- Legal authority

' 60.26(a) Each plan shall show that the 

State has legal authority to carry out the plan, 

including authority to: 

 (1) Adopt emission standards and 

compliance schedules applicable to designated 

facilities.

 (2) Enforce applicable laws, 

regulations, standards, and compliance 

schedules, and seek injunction relief.

 (3) Obtain information necessary to 

determine whether designated facilities are in 

compliance with applicable laws, regulations, 

standards, and compliance schedules, 

including authority to require recordkeeping 

and to make inspections and conduct tests of 

designated facilities.

A demonstration of Virginia’s legal authority 

to carry out the plan is outlined in Plan 

Provisions – Section I.
15

 (4) Require owners or operators of 

designated facilities to install, maintain, and 

use emission monitoring devices and to make 

periodic reports to the State on the nature and 

amounts of emissions from such facilities; 

also authority for the State to make such data 

available to the public as reported and as 

correlated with applicable emission standards.

' 60.26(b) The provisions of law or 

regulations which the State determines 

provide the authorities required by this section 

shall be specifically identified. Copies of 

such laws or regulations shall be submitted 

with the plan unless: 

(1) They have been approved as 

portions of a preceding plan submitted under 

this subpart or as portions of an 

implementation plan submitted under section 

110 of the Act, and

(2) The State demonstrates that the 

laws or regulations are applicable to the 

designated pollutant(s) for which the plan is 

submitted.

See above.

' 60.26(c) The plan shall show that the 

legal authorities specified in this section are 

available to the State at the time of submission

of the plan. Legal authority adequate to meet 

the requirements of paragraphs (a)(3) and (4) 

of this section may be delegated to the State 

under section 114 of the Act.

See above.

' 60.26(d) A State governmental agency 

other than the State air pollution control 

agency may be assigned responsibility for 

carrying out a portion of a plan if the plan 

demonstrates to the Administrator's 

satisfaction that the State governmental 

agency has the legal authority necessary to 

carry out that portion of the plan.

Not applicable.
16

' 60.26(e) The State may authorize a local 

agency to carry out a plan or portion thereof, 

within the local agency's jurisdiction if the plan 

demonstrates to the Administrator's 

satisfaction that the local agency has the legal 

authority necessary to implement the plan or 

portion thereof, and that the authorization does 

not relieve the State of responsibility under the 

Act for carrying out the plan or portion thereof.

Not applicable.

III. Requirements affected SSI owners/operators must meet

Q. What general requirements must an owner/operator meet under the approved plan?

A. An owner/operator must meet the applicability, emission limits, operating, testing, 

monitoring, recordkeeping, reporting, compliance schedules, and other applicable requirements 

contained in the plan. 

Q. Is there a requirement for obtaining a Title V permit?

A. Yes, CAA Section 129 and Virginia’s plan for existing SSI units requires an affected facility 
17

to operate under a Title V permit. Federal operating permit requirements for existing SSI units 

are listed in 9VAC5-40-8350 and VADEQ’s title V regulations.

IV. Conclusion

EPA’s review of VADEQ’s plan for existing SSI units finds the submittal consistent with 40 

CFR part 60, subpart B, 40 CFR part 60, subpart MMMM, and 40 CFR part 62. EPA is 

therefore proposing to approve the plan and amend 40 CFR part 62, subpart VV to reflect this 

approval. The EPA Administrator continues to retain authority for several tasks, as stipulated in 

40 CFR §60.5050 and in Plan Provisions, Section J - Discretionary Authority, of the plan 

submittal.