Virginia Regulatory Town Hall
Department of Environmental Quality
Air Pollution Control Board
Existing Stationary Sources [9 VAC 5 ‑ 40]
Action is Exempt from Article 2 of the Administrative Process Act
Adopt a new regulation for municipal solid waste landfills that incorporates new EPA requirements (Rev. H16)
Action 4730
General Information
Action Summary Currently, air pollution from landfills is regulated in Virginia under Article 43, Emission Standards for Municipal Solid Waste Landfills (9VAC5-40-5800 et seq. of 9VAC5-40, Existing Stationary Sources). Article 43 was originally designed to control two separate pollutants: (i) ozone in the northern Virginia ozone nonattainment area as required by § 110 of the Clean Air Act and implemented by 40 CFR Part 51, and (ii) nonmethane organic compounds as required by § 111 of the federal Clean Air Act and implemented by Subpart Cc of 40 CFR Part 60, which is applicable statewide. On August 29, 2016 (81 FR 59276), the U.S. Environmental Protection Agency (EPA) promulgated new emissions guidelines for municipal solid waste landfills, Subpart Cf of 40 CFR Part 60. The amendments were made in order to reduce emissions of landfill gas, which contains both nonmethane organic compounds and methane. In order to adopt the requirements of Subpart Cf while maintaining the state-only requirements specific to the northern Virginia ozone nonattainment area, a new Article 43.1 is being promulgated. This will enable the adoption of the new statewide standards without affecting the more restrictive requirements of Article 43 applicable to the nonattainment area.
Chapters Affected
  VAC Chapter Name Action Type
Primary 9 VAC 5-40 Existing Stationary Sources Amend Existing Regulation
Other chapters
  9 VAC 5 - 20 General Provisions Amend Existing Regulation
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: 2.2-4006 A 4 c of the APA
RIS Project Yes  [004894]
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
7783 Final Stage complete. This regulation became effective on 02/22/2017.
Contact Information
Name / Title: Karen G. Sabasteanski 
Address: 629 East Main Street
P.O. Box 1105
Richmond, VA 23218
Email Address:
Phone: (804)698-4426    FAX: (804)698-4510    TDD: ()-