§ 111(d) (Designated Pollutant) Plans

Virginia's § 111(d)/129 plans (also known as designated pollutant plans) are very similar to the State Implementation Plan. Like the SIP, a § 111(d)/129 plan is a plan for controlling certain types of pollution, and consists of regulations, legal authority, and other administrative components. Unlike the SIP, it is prepared in fulfillment of requirements of § 111(d) and § 129 of the Clean Air Act (the section regarding designated pollutants), not § 110 (the section that requires states to develop SIPs for the control of criteria pollutants).

An earlier version of a § 111(d) plan was prepared for total reduced sulfur (see Article 13 of 9 VAC 5 Chapter 40), and sulfuric acid mist (see Article 21 of 9 VAC 5 Chapter 40).

The plans consist of a state regulation that implements the federal regulation, a source inventory, and administrative materials demonstrating the state's ability to implement the program.  A summary of discretionary authority to implement the regulations (such as approval of alternate or equivalent methods) between EPA and the department is available here.

If you would like a complete version of an entire plan, or any portion of a plan in addition to the materials provided below, please contact Karen Sabasteanski.

Current § 111(d)/129 regulations and plans:

General provisions

This submittal consists of a demonstration of the department's legal ability to implement the plans, including (i) the Air Pollution Control Law of Virginia, and (ii) general provisions of the Regulations of the State Air Pollution Control Board that have general applicability to source category § 111(d)/129 plans.

Municipal solid waste landfills

• EPA's rule and implementation information.
• Virginia's regulation: Article 43 of 9 VAC 5 Chapter 40. A draft state plan has been submitted to EPA. Pending final EPA approval, Virginia is still under a federal plan for these sources.

Large municipal waste combustors

• EPA's rule and implementation information.
• Virginia's regulation: Article 46 of 9 VAC 5 Chapter 40.
• EPA's final plan approval, published on October 29, 2004. Hospital/medical/infectious waste incinerators
• EPA's rule and implementation information.
• Virginia's regulation: Article 44 of 9 VAC 5 Chapter 40.
• EPA's final plan approval, published on September 10, 2004.

Commercial/industrial solid waste incinerators

• EPA's rule and implementation information.
• Virginia's regulation: Article 45 of 9 VAC 5 Chapter 40.
• EPA's final plan approval, published on May 25, 2004.

Small municipal waste combustors

• EPA's rule and implementation information.
• Virginia's regulation: Article 46 of 9 VAC 5 Chapter 40.
• EPA's final plan approval published on July 12,2005

Questions? Contact Karen Sabasteanski.