Virginia Regulatory Town Hall
Department of Environmental Quality
Air Pollution Control Board
Existing Stationary Sources [9 VAC 5 ‑ 40]
This action is part of the regulatory reform initiative.
Repeal of Hospital/Medical/Infectious Waste Incinerators (Rev. J11)
Action 3604
General Information
Action Summary Since the initial adoption of Article 44, Hospital/Medical/Infectious Waste Incinerators (HMIWI) (9VAC5-40-6000 et seq.), all three designated incinerator facilities have been dismantled. In 2009, EPA promulgated revised HMIWI emission guidelines that triggered the need for revised regulations and new state plan submittals. With no facilities in operation in the Commonwealth, a negative declaration was submitted to EPA and approved in 2010. Because there are no sources in the state to control, and because there are no longer HMIWI components in the federal rule for Virginia, there is no longer a need for the corresponding Virginia regulation. The definition of the term “metropolitan statistical area” in 9VAC5-10-20 and the listing of such areas in 9VAC5-20-202 should also be repealed as the term is only used in Article 44 and no other regulation of the board.
Chapters Affected
  VAC Chapter Name Action Type
Primary 9 VAC 5-40 Existing Stationary Sources Amend Existing Regulation
Other chapters
  9 VAC 5 - 10 General Definitions Amend Existing Regulation
  9 VAC 5 - 20 General Provisions Amend Existing Regulation
Executive Branch Review This action will go through the normal Executive Branch Review process.
RIS Project Yes  [003018]
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
6072 Fast-Track Stage complete. This regulation became effective on 09/27/2012.
Contact Information
Name / Title: Mary E. Major 
Address: 629 East Main Street
P.O. Box 1105
Richmond, VA 23218
Email Address:
Phone: (804)698-4423    FAX: (804)698-4510    TDD: ()-