Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 40 - EXISTING STATIONARY SOURCES › Part II - Emission Standards › Article 43 - Emission Standards for Municipal Solid Waste Landfills (Rule 4-43) › Section 9VAC5-40-5810 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. For the purpose
					 of applying this article in the context of the Regulations for the Control and
					 Abatement of Air Pollution and related uses, the words or terms shall have the
					 meanings given them in subsection C of this section.
B. As used in this article, all terms not
					 defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10),
					 unless otherwise required by context.
C. Terms defined.
"Active collection system" means a gas collection system
						that uses gas mover equipment.
"Active landfill" means a landfill in which solid waste
						is being placed or a landfill that is planned to accept waste in the
						future.
"CERCLA" means the federal Comprehensive Environmental
						Response, Compensation and Liability Act ( 42 USC § 9601 et seq.).
"Closed landfill" means a landfill in which solid waste
						is no longer being placed, and in which no additional solid wastes will be
						placed without first filing a notification of modification, as prescribed under
						40 CFR
						60.7(a)(4), with the board.
						Once a notification of modification has been filed, and additional solid waste
						is placed in the landfill, the landfill is no longer closed.
"Closure" means that point in time when a landfill
						becomes a closed landfill.
"Commenced" means that an owner has undertaken a
						continuous program of construction or modification or that an owner has entered
						into a contractual obligation to undertake and complete, within a reasonable
						time, a continuous program of construction or modification.
"Commercial waste" means all types of solid waste
						generated by stores, offices, restaurants, warehouses, and other
						nonmanufacturing activities, excluding construction, household, and industrial
						wastes.
"Construction" means fabrication, erection, or
						installation of an affected facility.
"Controlled landfill" means any landfill at which
						collection and control systems are required under this article as a result of
						the nonmethane organic compounds emission rate. The landfill is considered
						controlled at the time a collection and control system design plan is submitted
						in compliance with
						9VAC5-40-5820 C 2 a.
"Design capacity" means the maximum amount of solid waste
						a landfill can accept, as indicated in terms of volume or mass in the most
						recent permit issued by the department under Part V (9VAC20-81-400 et seq.) of the Solid
						Waste Management Regulations, plus any in-place waste not accounted for in the
						most recent permit, or as calculated using good engineering practices
						acceptable to the board. If the owner chooses to convert the design capacity
						from volume to mass or from mass to volume to demonstrate that its design
						capacity is less than (i) 1.0 million megagrams or 1.0 million cubic meters in
						the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii)
						2.5 million megagrams or 2.5 million cubic meters in the remaining areas of the
						Commonwealth, the calculation must include a site-specific density, which must
						be recalculated annually.
"Disposal facility" means all contiguous land and
						structures, other appurtenances, and improvements on the land used for the
						disposal of solid waste.
"Emission rate cutoff" means the threshold annual
						emission rate to which a landfill compares its estimated emission rate to
						determine if control under the regulation is required.
"Enclosed combustor" means an enclosed firebox which
						maintains a relatively constant limited peak temperature generally using a
						limited supply of combustion air. An enclosed flare is considered an enclosed
						combustor.
"Federal operating permit" means a permit issued under
						Article 1 (9VAC5-80-50 et seq.) of Part II of
						9VAC5 Chapter 80.
"Flare" means an open combustor without enclosure or
						shroud.
"Gas mover equipment" means the equipment (i.e., fan,
						blower, compressor) used to transport landfill gas through the header
						system.
"Household waste" mean any solid waste, including
						garbage, trash and refuse, derived from households (including, but not limited
						to, single and multiple residences, hotels and motels, bunkhouses, ranger
						stations, crew quarters, campgrounds, picnic grounds and day-use recreational
						areas). For the purposes of determining capacity as required by
						9VAC5-40-5820 and NMOC emission
						rates as required by
						9VAC5-40-5860, household waste
						includes sanitary waste (septage) in septic tanks.
"Industrial solid waste" means any solid waste generated
						by manufacturing or industrial processes that is not a hazardous waste
						regulated under Subtitle C ( 42 USC § 6921 et seq.) of RCRA (as reflected
						in 40 CFR Parts 264 and 265 ) and implemented by the department in 9VAC20
						Chapter 60 (9VAC20-60, Virginia Hazardous Waste Management Regulations). Such
						waste may include, but is not limited to, waste resulting from the following
						manufacturing processes: electric power generation; fertilizer and agricultural
						chemicals; food and related products and byproducts; inorganic chemicals; iron
						and steel manufacturing; leather and leather products; nonferrous metals
						manufacturing and foundries; organic chemicals; plastics and resins
						manufacturing; pulp and paper industry; rubber and miscellaneous plastic
						products; stone, glass, clay, and concrete products; textile manufacturing;
						transportation equipment; and water treatment. This term does not include
						mining waste or oil and gas waste.
"Interior well" means any well or similar collection
						component located inside the perimeter of the landfill waste. A perimeter well
						located outside the landfilled waste is not an interior well.
"Landfill" means an area of land or an excavation in
						which wastes are placed for permanent disposal, and that is not a land
						application unit, surface impoundment, injection well, or waste pile as those
						terms are defined under 9VAC20-81.
"Landfill gas" means any gas derived from the
						decomposition of organic waste deposited in an MSW landfill or from the
						evolution of volatile organic species in the waste. Emissions from MSW
						landfills is equivalent to landfill gas emissions.
"Lateral expansion" means a horizontal expansion of the
						waste boundaries of an existing MSW landfill. A lateral expansion is not a
						modification unless it results in an increase in the design capacity of the
						landfill.
"Modification" means an increase in the permitted volume
						design capacity of the landfill by either horizontal or vertical expansion
						based on its permitted design capacity as of May 30, 1991. Modification does
						not occur until the owner commences construction on the horizontal or vertical
						expansion.
"Municipal solid waste landfill" or "MSW landfill" means
						an entire disposal facility in a contiguous geographical space where household
						waste is placed in or on land. An MSW landfill may also receive other types of
						solid wastes regulated under Subtitle D ( 42 USC § 6941 et seq.) of RCRA
						(as reflected in 40 CFR
						257.2 ) and implemented by the department in
						9VAC20-81 (Solid Waste Management Regulations) such as commercial solid waste,
						nonhazardous sludge, conditionally exempt small quantity generator waste, and
						nonhazardous industrial solid waste. Portions of an MSW landfill may be
						separated by access roads. An MSW landfill may be publicly or privately owned.
						An MSW landfill may be a new MSW landfill, an existing MSW landfill, or a
						lateral expansion.
"Municipal solid waste landfill emissions" or "MSW
						landfill emissions" means gas generated by the decomposition of organic waste
						deposited in an MSW landfill or derived from the evolution of organic compounds
						in the waste.
"NMOC" means nonmethane organic compounds, as measured
						according to the provisions of
						9VAC5-40-5860 B through E.
"Nondegradable waste" means any waste that does not
						decompose through chemical breakdown or microbiological activity. Examples
						include, but are not limited to, concrete, municipal waste combustor ash, and
						metals.
"Passive collection system" means a gas collection system
						that solely uses positive pressure within the landfill to move the gas rather
						than using gas mover equipment.
"RCRA" means the federal Resource Conservation and
						Recovery Act ( 42 USC § 6901 et seq.).
"Refuse" means trash, rubbish, garbage, and other forms
						of solid or liquid waste, including, but not limited to, wastes resulting from
						residential, agricultural, commercial, industrial, institutional, trade,
						construction, land clearing, forest management, and emergency
						operations.
"Sludge" means any solid, semi-solid, or liquid waste
						generated from a municipal, commercial, or industrial wastewater treatment
						plant, water supply treatment plant, or air pollution control facility
						exclusive of the treated effluent from a wastewater treatment plant.
"Solid waste" means any garbage, sludge from a wastewater
						treatment plant, water supply treatment plant, or air pollution control
						facility and other discarded material, including solid, liquid, semi-solid, or
						contained gaseous material resulting from industrial, commercial, mining, and
						agricultural operations, and from community activities, but does not include
						solid or dissolved material in domestic sewage, or solid or dissolved materials
						in irrigation return flows or industrial discharges that are point sources
						subject to permits under 33 USC § 1342, or source, special nuclear, or
						byproduct material as defined by the Atomic Energy Act of 1954 ( 42 USC §
						2011 et seq.). For more detail, see
						9VAC20-81-95 of the Solid Waste
						Management Regulations.
"Sufficient density" means any number, spacing, and
						combination of collection system components, including vertical wells,
						horizontal collectors, and surface collectors, necessary to maintain emission
						and migration control as determined by measures of performance set forth in
						this part.
"Sufficient extraction rate" means a rate sufficient to
						maintain a negative pressure at all wellheads in the collection system without
						causing air infiltration, including any wellheads connected to the system as a
						result of expansion or excess surface emissions, for the life of the
						blower.
Statutory Authority
§ 10.1-1308 of the Code of Virginia; §§
						  110, 111, 123, 129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and
						  60.