reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 9VAC15-11-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a regulatory
				  advisory panel (RAP) to provide professional specialization or technical
				  assistance when the agency determines that such expertise is necessary to
				  address a specific regulatory issue or action or when individuals indicate an
				  interest in working with the agency on a specific regulatory issue or
				  action.
B. Any person may request
				  the appointment of a RAP and request to participate in its activities. The
				  agency shall determine when a RAP shall be appointed and the composition of the
				  RAP.
C. A RAP may be dissolved by
				  the agency if:
1. The proposed text of the
				  regulation is posted on the Town Hall, published in the Virginia Register, or
				  such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 9VAC15-11-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a negotiated
				  rulemaking panel (NRP) if a regulatory action is expected to be
				  controversial.
B. An NRP that has
				  been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated
				  with the development of the regulation;
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act; or
3. The agency
				  determines that resolution of a controversy is unlikely.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 9VAC15-11-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth
					 Calendar at least seven working days prior to the date of the meeting. The
					 exception to this requirement is any meeting held in accordance with §
					 2.2-3707D of the Code of Virginia allowing for contemporaneous notice to be
					 provided to participants and the public.
Statutory Authority
§§ 2.2-4007.02, 58.1-3661, and 62.1-195.1 of
						the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 9VAC15-11-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action.
C. An agency is
				  required to hold a public hearing following the publication of the proposed
				  regulatory action when:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 9VAC15-11-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 20 - GUIDELINES FOR THE PREPARATION OF ENVIRONMENTAL IMPACT ASSESSMENTS FOR OIL OR GAS WELL DRILLING OPERATIONS IN TIDEWATER VIRGINIA › Part I - Applicability and General Requirements › Section 9VAC15-20-20 - Authority

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter implements § 45.2-1646 of the Code of
					 Virginia, which requires the Department of Environmental Quality to develop
					 criteria and procedures to assure the orderly preparation and evaluation of
					 environmental impact assessments for gas or oil well drilling operations in
					 Tidewater Virginia.
Statutory Authority: § 45.2-1646 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 20 - GUIDELINES FOR THE PREPARATION OF ENVIRONMENTAL IMPACT ASSESSMENTS FOR OIL OR GAS WELL DRILLING OPERATIONS IN TIDEWATER VIRGINIA › Part I - Applicability and General Requirements › Section 9VAC15-20-30 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to set out criteria and
					 procedures to be followed by gas or oil well drilling permit applicants when
					 preparing environmental impact assessments and by the Department of
					 Environmental Quality, other state agencies, local government officials, and
					 the public when reviewing environmental impact assessments. It is intended to
					 foster the development of useful information which is presented in a manner
					 that assists the Department of Environmental Quality, appropriate state
					 agencies, planning district commissions, potentially affected local
					 governments, and the public in understanding, analyzing and making decisions
					 about the potential environmental, fiscal or economic impacts associated with
					 drilling an oil or gas well in Tidewater Virginia and related production and
					 transportation activities.
Statutory Authority
§§ 10.1-1188 et seq. and 62.1-195.1 of the
						Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 20 - GUIDELINES FOR THE PREPARATION OF ENVIRONMENTAL IMPACT ASSESSMENTS FOR OIL OR GAS WELL DRILLING OPERATIONS IN TIDEWATER VIRGINIA › Part I - Applicability and General Requirements › Section 9VAC15-20-40 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
The environmental impact assessment requirements and
					 criteria apply to all oil or gas well drilling operations, whether an
					 exploratory well or a production well, proposed to occur in Tidewater Virginia.
					 Any person proposing to drill an exploratory well or production well in
					 Tidewater Virginia shall submit to the Department of Energy, as part of the
					 person's application for a permit to drill such a well, an environmental impact
					 assessment.
Statutory Authority: § 45.2-1646 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 20 - GUIDELINES FOR THE PREPARATION OF ENVIRONMENTAL IMPACT ASSESSMENTS FOR OIL OR GAS WELL DRILLING OPERATIONS IN TIDEWATER VIRGINIA › Part I - Applicability and General Requirements › Section 9VAC15-20-50 - General information requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The environmental impact assessment is to
				  contain information on and a discussion of the elements outlined in the
				  following sections of this regulation. Discussions should be no longer than
				  necessary to fully explain the issues and potential impacts in a given topical
				  area. Data and analyses should be commensurate with the degree of
				  impact.
B. An environmental impact
				  assessment shall contain a title page; an executive summary; a table of
				  contents; a list of figures; a list of tables; a list of maps and plats; the
				  main body of the report as outlined in this regulation; a list of preparers; a
				  topical index; an annex containing a list of local, state, or federal permits
				  that are applicable to the proposed operations; and other annexes as needed.
				  The executive summary shall summarize the assessment focusing on the major
				  conclusions; the potential environmental, fiscal and economic impacts; and
				  avoidance, minimization or mitigative measures proposed to address
				  environmental, fiscal and economic impacts.
Statutory Authority
§§ 10.1-1188 et seq. and 62.1-195.1 of the Code
						of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 20 - GUIDELINES FOR THE PREPARATION OF ENVIRONMENTAL IMPACT ASSESSMENTS FOR OIL OR GAS WELL DRILLING OPERATIONS IN TIDEWATER VIRGINIA › Part II - Information Requirements › Section 9VAC15-20-60 - Description of the gas or oil operation

Current through Register Vol. 40, No. 24, July 15, 2024
A. The applicant shall describe the gas or
				  oil operation to be performed. The description of the operation should include
				  information on the location, size (length, height, width and area), and number
				  of such facilities and related land requirements (including easements or
				  rights-of-way). The information should also include a timetable for
				  establishing, completing and removing drilling operations and constructing,
				  operating and removing production facilities.
B. The discussion of the operation shall be
				  accompanied by:
1. A general location map
				  depicting the operations area and surrounding areas at a map scale which is as
				  detailed or more detailed than a map at a scale of 1:24,000; and
2. Detailed site plats of the proposed
				  operations area at a scale no greater than 1:600 depicting the location of:
a. Proposed land-disturbing
				  activities;
b. Facilities and
				  equipment, pipeline corridors, and natural resource features discussed in
				  9VAC15-20-70 that can be
				  graphically presented and that will be or could be affected by the proposed
				  operation; and
c. Any existing
				  manmade features within the proposed operations area, including but not limited
				  to buildings, water wells, roads, drainage ditches, ponds, etc.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 20 - GUIDELINES FOR THE PREPARATION OF ENVIRONMENTAL IMPACT ASSESSMENTS FOR OIL OR GAS WELL DRILLING OPERATIONS IN TIDEWATER VIRGINIA › Part II - Information Requirements › Section 9VAC15-20-80 - Procedures for estimating the probability of a discharge

Current through Register Vol. 40, No. 24, July 15, 2024
The assessment shall provide an analysis of the
					 probabilities of accidental discharges of oil, condensate, natural gas, and
					 waste from gas, oil or geophysical operations or liquids being released into
					 the environment during drilling, production, and transportation due to well
					 blowout, equipment failure, transportation accidents and other reasons. Such an
					 analysis shall include calculations based upon generally accepted engineering
					 failure analysis procedures. An applicant shall calculate a spill probability
					 analysis for three sizes of discharge events -- minor, moderate, or major. The
					 applicant shall define the categories of minor, moderate or major discharge and
					 describe the sources of information used to formulate the analyses and the
					 assumptions used to construct the analyses. Discharge probability analyses for
					 minor discharges should include calculations for a discharge that would not be
					 expected to escape the operations area.
Statutory Authority
§§ 10.1-1188 et seq. and 62.1-195.1 of the
						Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 20 - GUIDELINES FOR THE PREPARATION OF ENVIRONMENTAL IMPACT ASSESSMENTS FOR OIL OR GAS WELL DRILLING OPERATIONS IN TIDEWATER VIRGINIA › Part II - Information Requirements › Section 9VAC15-20-90 - Procedures for determining the consequences of a discharge

Current through Register Vol. 40, No. 24, July 15, 2024
The environmental impact assessment shall include a
					 description of potential environmental and natural resource effects associated
					 with discharges including the consequences of a discharge on finfish, shellfish
					 and other marine or freshwater organisms; birds and other wildlife; air and
					 water quality; land and water resources; and including the specific
					 environmental and natural resource features listed in
					 9VAC15-20-70. The analysis should
					 be specific to the proposed operation, the proposed location of the operation,
					 and the natural resources in the vicinity of the proposed operation. The spill
					 analysis shall be completed for oil, condensate, waste from gas, oil or
					 geophysical operations or fluids, and natural gas discharges resulting from
					 minor, moderate or major discharges as defined and described pursuant to the
					 requirements of
					 9VAC15-20-80.
Statutory Authority
§§ 10.1-1188 et seq. and 62.1-195.1 of the
						Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 20 - GUIDELINES FOR THE PREPARATION OF ENVIRONMENTAL IMPACT ASSESSMENTS FOR OIL OR GAS WELL DRILLING OPERATIONS IN TIDEWATER VIRGINIA › Part II - Information Requirements › Section 9VAC15-20-100 - Spill release and contingency planning

Current through Register Vol. 40, No. 24, July 15, 2024
The environmental impact assessment shall describe
					 procedures that will be developed and implemented to prepare for, equipment
					 that will be installed to detect and respond to, and facilities and equipment
					 that will be installed or available to contain minor, moderate and major
					 discharges of oil, condensate, natural gas, waste from gas, oil, or geophysical
					 operations or fluids as defined pursuant to the requirements of
					 9VAC15-20-80 as well as fires or
					 other hazards to the environment. A discharge contingency plan prepared in
					 conformance with the requirements of the State Water Control Board's regulation
					 entitled "Facility and Aboveground Storage Tank (AST) Regulation" (9VAC25-91)
					 will fulfill the information requirement of this section.
Statutory Authority: § 62.1-195.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 20 - GUIDELINES FOR THE PREPARATION OF ENVIRONMENTAL IMPACT ASSESSMENTS FOR OIL OR GAS WELL DRILLING OPERATIONS IN TIDEWATER VIRGINIA › Part II - Information Requirements › Section 9VAC15-20-110 - Hydrogen sulfide release contingency planning

Current through Register Vol. 40, No. 24, July 15, 2024
A. A discussion of the potential for
				  encountering hydrogen sulfide shall be included in the assessment. The
				  assessment shall discuss steps that will be taken, if any, to respond if
				  indicators of such gas are encountered, if there exists a potential for a
				  release of hydrogen sulfide gas, or in the event of a hydrogen sulfide
				  release.
B. A hydrogen sulfide
				  release contingency plan should address the following:
1. Methods and devices that will be used to
				  detect hydrogen sulfide gas to prevent the gas from becoming an environmental
				  concern and include a description of detection equipment to be used and
				  equipment testing and calibration procedures.
2. Operating procedures to be employed if the
				  operations area atmospheric concentration of hydrogen sulfide gas reaches
				  limits established by the Department of Labor and Industry in "VR 425-02-36 Air
				  Contaminants (1910.1000)" and include a discussion of:
a. Appropriate emergency notification
				  procedures for local residents, emergency service and medical
				  personnel;
b. Notification
				  procedures for responsible regulatory agencies; and
c. Appropriate visual and audible warning
				  systems for atmospheric hydrogen sulfide gas within the operations
				  area.
3. The potential
				  for continuous low-level hydrogen sulfide emissions (one hour average) to
				  result in concentrations in areas of public access above levels deemed harmful
				  to human health in accordance with the State Air Pollution Control Board's
				  "Emission Standards for Toxic Pollutants from Existing Sources" (9VAC5-60-200 through
				  9VAC5-60-270 ) and "Emission
				  Standards for Toxic Pollutants from New and Modified Sources" (9VAC5-60-300 through
				  9VAC5-60-370 ).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 20 - GUIDELINES FOR THE PREPARATION OF ENVIRONMENTAL IMPACT ASSESSMENTS FOR OIL OR GAS WELL DRILLING OPERATIONS IN TIDEWATER VIRGINIA › Part III - Information Requirements for Evaluating Secondary Environmental Impacts › Section 9VAC15-20-140 - Examination of secondary environmental impacts due to induced economic development

Current through Register Vol. 40, No. 24, July 15, 2024
Based on the analysis of potential economic impacts
					 identified in
					 9VAC15-20-120, and fiscal impacts
					 identified in
					 9VAC15-20-130, examine and discuss
					 the potential secondary environmental affects of induced economic development
					 due to the proposed operation. Such analysis should include impacts associated
					 with any new infrastructure development provided to support the gas or oil
					 operation including but not limited to the construction of new roads, pipeline
					 systems, sewers, schools, water supplies, public services, waste handling
					 facilities, housing units, etc., on natural, scenic, open space, recreational,
					 and historic resources.
Statutory Authority
§§ 10.1-1188 et seq. and 62.1-195.1 of the Code
						of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 20 - GUIDELINES FOR THE PREPARATION OF ENVIRONMENTAL IMPACT ASSESSMENTS FOR OIL OR GAS WELL DRILLING OPERATIONS IN TIDEWATER VIRGINIA › Part IV - Department of Environmental Quality and General Public Review and Comment Procedures › Section 9VAC15-20-150 - Department of Environmental Quality notification by the Department of Energy

Current through Register Vol. 40, No. 24, July 15, 2024
Upon receiving a permit application to drill an oil or gas
					 well in Tidewater Virginia, the Director of the Department of Energy shall
					 notify the Director of the Department of Environmental Quality that a
					 coordinated review of an environmental impact assessment must be initiated. The
					 applicant shall provide the Department of Energy with 17 copies of the
					 environmental impact assessment and the Department of Energy will deliver the
					 copies to the Director of the Department of Environmental Quality. The 90-day
					 review process will begin upon receipt of the appropriate number of copies of
					 the environmental impact assessment by the Director of the Department of
					 Environmental Quality.
Statutory Authority: § 45.2-1646 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 20 - GUIDELINES FOR THE PREPARATION OF ENVIRONMENTAL IMPACT ASSESSMENTS FOR OIL OR GAS WELL DRILLING OPERATIONS IN TIDEWATER VIRGINIA › Part IV - Department of Environmental Quality and General Public Review and Comment Procedures › Section 9VAC15-20-160 - Initiation of assessment review by state and local agencies and by the general public

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  Department of Environmental Quality shall prepare and submit a general notice
				  for publication in the Virginia Register within three days of the receipt of an
				  environmental impact assessment. The availability of an assessment shall be
				  given public notice, paid for by the applicant, by publication in a newspaper
				  having a general circulation in the locality where drilling is proposed. The
				  Department of Environmental Quality shall also develop a mailing list
				  containing the names of persons who indicate they want to be notified about the
				  availability of oil or gas environmental impact assessment documents and will
				  forward a copy of the general notice submitted for publication in the Virginia
				  Register to those persons on the mailing list.
B. The general notice will contain the
				  following information:
1. The proposed
				  location of the operation including the name of the locality and other general
				  descriptive information regarding the location of the proposed
				  operation;
2. A general description
				  of the proposed operation;
3. The
				  deadline for the general public to submit written comments, which shall not be
				  less than 30 calendar days after publication of the notice;
4. A designated location where the
				  environmental impact assessment can be reviewed;
5. A contact person from whom additional
				  information can be obtained on the environmental impact assessment;
				  and
6. An address for mailing
				  comments on an assessment to the Department of Environmental Quality.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 20 - GUIDELINES FOR THE PREPARATION OF ENVIRONMENTAL IMPACT ASSESSMENTS FOR OIL OR GAS WELL DRILLING OPERATIONS IN TIDEWATER VIRGINIA › Part IV - Department of Environmental Quality and General Public Review and Comment Procedures › Section 9VAC15-20-170 - Review of comments

Current through Register Vol. 40, No. 24, July 15, 2024
The Director of the Department of Environmental Quality
					 shall review all written state agency, local government, planning district
					 commission, and public comments and any written or oral comments received
					 during any public hearing. Based on the review by the Director of the
					 Department of Environmental Quality of written comments, oral and written
					 comments received at public hearings, and the environmental impact assessment,
					 the Director of the Department of Environmental Quality will prepare and submit
					 a written report of its findings and recommendations to the Director of the
					 Department of Energy. The findings and recommendations of the Director of the
					 Department of Environmental Quality on an assessment will be available for
					 public inspection at the offices of the Department of Environmental
					 Quality.
Statutory Authority: § 45.2-1646 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 20 - GUIDELINES FOR THE PREPARATION OF ENVIRONMENTAL IMPACT ASSESSMENTS FOR OIL OR GAS WELL DRILLING OPERATIONS IN TIDEWATER VIRGINIA › Part IV - Department of Environmental Quality and General Public Review and Comment Procedures › Section 9VAC15-20-DIBR - DOCUMENTS INCORPORATED BY REFERENCE (9VAC15-20)

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Outdoors Plan, Department of Conservation and
					 Recreation, 1989.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 30 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR LOCAL TAX EXEMPTION PURPOSES › Section 9VAC15-30-10 - Definition incorporated by reference

Current through Register Vol. 40, No. 24, July 15, 2024
The definitions set out in Part I (9VAC20-81-10 et seq.) of the Solid
				  Waste Management Regulations are incorporated by reference.
Statutory Authority
§ 58.1-3661 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 30 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR LOCAL TAX EXEMPTION PURPOSES › Section 9VAC15-30-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following terms have, for the purpose of this chapter,
				  the following meanings:
"Act" means the Virginia Waste Management Act (§
				  10.1-1400 et seq. of the Code of Virginia).
"Applicant" means any and all persons seeking certification
				  of recycling machinery and equipment for local tax exemption purposes.
"Certification" means a signed statement by the director of
				  the Department of Environmental Quality that the identified machinery and
				  equipment qualify as integral to the recycling process.
"Department" means the Department of Environmental
				  Quality.
"Director" means the director of the Department of
				  Environmental Quality or his designee.
"Finished product" means material that has been completely
				  processed and is ready for sale except for packaging.
"Fixed location" means a site at which the processing or
				  manufacturing is accomplished on a continuing basis.
"Integral to the recycling process" means that the machinery
				  and equipment or system of machinery and equipment is used primarily to process
				  recyclable material to meet a manufacturer's material input specifications or
				  to incorporate recyclable material into a manufacturing process.
"Machinery and equipment" means a mechanical unit or system
				  that processes material.
"Person" means an individual, corporation, partnership,
				  association, or any other legal entity.
"Primarily" means greater than 50% of time, of usage, or of
				  other appropriate measure.
"Process" or "processing" means preparation, treatment, or
				  conversion of a product or material by an action, change or function or a
				  series of actions, changes or functions that bring about a desired end
				  result.
"Recyclable" means capable of being diverted or reclaimed
				  from the waste stream and prepared for further beneficial use through the
				  recycling process.
"Recycled" means having reached the end of one useful life
				  or one intended purpose, and then being converted and utilized as a raw
				  material in the production of another product that may or may not be similar to
				  the original product. The resultant manufactured product is said to have
				  recycled content.
"Recycling" means the process of separating a given product
				  or material from the waste stream and processing it so that it is used again as
				  material input for a product that may or may not be similar to the original
				  product.
Statutory Authority
§§ 58.1-338, 58.1-439.7, 58.1-439.8, and
					 58.1-3661 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 30 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR LOCAL TAX EXEMPTION PURPOSES › Section 9VAC15-30-30 - Reserved

Current through Register Vol. 40, No. 24, July 15, 2024
Derived from Virginia Register Volume 17, Issue 21, eff.
				  August 1, 2001.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 30 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR LOCAL TAX EXEMPTION PURPOSES › Section 9VAC15-30-40 - Purpose of regulation

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this regulation is to establish the procedure
				  for certification of recycling machinery and equipment as integral to the
				  recycling process and for use primarily for the purpose of abating or
				  preventing pollution of the atmosphere or waters of the Commonwealth, and used
				  in manufacturing facilities or plant units that manufacture, process, compound,
				  or produce for sale recyclable items of tangible personal property at fixed
				  locations in the Commonwealth. Such certification would allow the purchaser of
				  such machinery and equipment to apply for an exemption from real or personal
				  property taxes as authorized by the local taxing authority.
Statutory Authority
§§ 58.1-338, 58.1-439.7, 58.1-439.8, and
					 58.1-3661 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 30 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR LOCAL TAX EXEMPTION PURPOSES › Section 9VAC15-30-50 - Administration of regulation

Current through Register Vol. 40, No. 24, July 15, 2024
The director is authorized to administer this regulation in
				  accordance with Chapter 11.1 (§ 10.1-1182 et seq.) of Title 10.1 of the
				  Code of Virginia.
Statutory Authority
§§ 58.1-338, 58.1-439.7, 58.1-439.8, and
					 58.1-3661 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 30 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR LOCAL TAX EXEMPTION PURPOSES › Section 9VAC15-30-60 - Applicability of regulation

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter will be applicable to any applicant to the
				  department for machinery and equipment certification, provided that this
				  applicant has incurred or will incur a local tax liability to which the tax
				  exemption can be applied pursuant to § 58.1-3661 of the Code of Virginia.
				  As provided in § 10.1-1183 of the Code of Virginia, whenever a reference
				  is made to the Department of Waste Management it shall mean the Department of
				  Environmental Quality.
Statutory Authority
§§ 58.1-338, 58.1-439.7, 58.1-439.8, and
					 58.1-3661 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 30 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR LOCAL TAX EXEMPTION PURPOSES › Section 9VAC15-30-70 - Machinery and equipment

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Qualifying recycling machinery and equipment include any piece or system of
				machinery or equipment used at a fixed location in the Commonwealth primarily
				to process recyclable materials into a product suitable for sale. Such
				processing may include, but is not limited to, flattening, shredding, melting,
				pulping, compaction, granulation, liquefaction or classification.
B. Qualifying recycling machinery and
				equipment also include any piece or system of machinery or equipment in a
				manufacturing facility primarily used to incorporate recycled material into a
				manufacturing process.
C. The
				following shall not qualify as recycling machinery and equipment:
1. Machinery and equipment used in the
				preparation of all or any part of the municipal solid waste (MSW) stream for
				the purpose of combustion, unless otherwise determined by the director to be a
				process with a significant recycling value.
2. Machinery and equipment used to
				incorporate a finished product with recycled content that is no longer
				considered to be a solid waste unless otherwise determined by the
				director.
3. Machinery and
				equipment used exclusively to handle finished products unless otherwise
				determined by the director.
4.
				Nonprocessing or nonmanufacturing machinery and equipment.
5. Buildings or other structures.
6. Repairs and maintenance items.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 30 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR LOCAL TAX EXEMPTION PURPOSES › Section 9VAC15-30-80 - Location

Current through Register Vol. 40, No. 24, July 15, 2024
To qualify for certification, recycling machinery or
				  equipment must be operated at a fixed location in Virginia.
Statutory Authority
§§ 58.1-338, 58.1-439.7, 58.1-439.8, and
					 58.1-3661 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 30 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR LOCAL TAX EXEMPTION PURPOSES › Section 9VAC15-30-90 - Pollution abatement

Current through Register Vol. 40, No. 24, July 15, 2024
Recycling includes the diversion of material from the waste
				  stream, thereby reducing the amount of material that ultimately has to be
				  deposited in a solid waste management disposal facility or discharged into the
				  environment. Therefore, recycling can reduce the potential for pollution, and a
				  facility (and the related machinery and equipment) that processes recyclables
				  to a manufacturer's specifications or utilizes recycled materials in production
				  shall qualify as a pollution abatement system for the purposes of
				  certification.
Statutory Authority
§§ 58.1-338, 58.1-439.7, 58.1-439.8, and
					 58.1-3661 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 30 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR LOCAL TAX EXEMPTION PURPOSES › Section 9VAC15-30-100 - Equipment documentation

Current through Register Vol. 40, No. 24, July 15, 2024
In order to be considered for a certificate, the purchaser of
				  the recycling machinery and equipment must apply to the department, providing
				  at a minimum:
1. The purchaser's name
				and address;
2. The name and
				location of the facility in which the machinery and equipment will be
				used;
3. A complete description of
				the machinery and equipment and a complete description of its intended use in
				the facility;
4. A statement by the
				purchaser of the machinery and equipment that would qualify the purchase for
				tax consideration; and
5.
				Documentation of ownership (copies of receipts, vouchers, or paid invoices)
				appropriate for filing with the local taxing authority.
Statutory Authority
§§ 58.1-338, 58.1-439.7, 58.1-439.8, and
					 58.1-3661 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 30 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR LOCAL TAX EXEMPTION PURPOSES › Section 9VAC15-30-110 - Department certification

Current through Register Vol. 40, No. 24, July 15, 2024
The department will review the information provided to
				  determine if the machinery or equipment meets the criteria specified in the
				  Code of Virginia. This application review will follow the process established
				  by 9VAC15-30-170 B.
Statutory Authority
§§ 58.1-338, 58.1-439.7, 58.1-439.8, and
					 58.1-3661 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 30 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR LOCAL TAX EXEMPTION PURPOSES › Section 9VAC15-30-120 - Locality certification

Current through Register Vol. 40, No. 24, July 15, 2024
After receiving a copy of the machinery or equipment
				  certification from the department, the applicant will be responsible for
				  validating the installation and operation of the machinery and equipment to the
				  satisfaction of the local taxing authority.
Statutory Authority
§§ 58.1-338, 58.1-439.7, 58.1-439.8, and
					 58.1-3661 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 30 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR LOCAL TAX EXEMPTION PURPOSES › Section 9VAC15-30-130 - Certification period

Current through Register Vol. 40, No. 24, July 15, 2024
Machinery and equipment certified through this process shall
				  retain certification status until its operation no longer complies with the
				  standards established in
				  9VAC15-30-70.
Statutory Authority
§§ 58.1-338, 58.1-439.7, 58.1-439.8, and
					 58.1-3661 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 30 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR LOCAL TAX EXEMPTION PURPOSES › Section 9VAC15-30-140 - Appeal procedure

Current through Register Vol. 40, No. 24, July 15, 2024
All appeals taken from actions of the director relative to
				  the provisions of this chapter shall be governed by the Administrative Process
				  Act (§
									2.2-4000 et seq.) of the Code of
				  Virginia.
Statutory Authority: §
											58.1-3661 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 30 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR LOCAL TAX EXEMPTION PURPOSES › Section 9VAC15-30-160 - Petition for variance

Current through Register Vol. 40, No. 24, July 15, 2024
Any applicant affected by this chapter may petition the
				  director to grant a variance or an exemption from any requirement of this
				  chapter, subject to the provisions of
				  9VAC15-30-170.
Statutory Authority
§§ 58.1-338, 58.1-439.7, 58.1-439.8, and
					 58.1-3661 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 30 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR LOCAL TAX EXEMPTION PURPOSES › Section 9VAC15-30-170 - Administrative procedures for variances

Current through Register Vol. 40, No. 24, July 15, 2024
A. General petitioning requirements. The
				petition shall be submitted to the director by certified mail and shall
				include:
1. The petitioner's name and
				address;
2. A statement of
				petitioner's interest in the proposed action;
3. A description of desired action and a
				citation of the regulation from which a variance is requested;
4. A description of need and justification
				for the proposed action;
5. The
				duration of the variance, if applicable;
6. The potential impact of the variance on
				public health or the environment;
7. Other information believed by the
				applicant to be pertinent; and
8.
				The following statement signed by the petitioner or authorized representative:
"I certify that I have personally examined and am familiar
				  with the information submitted in this petition and all attached documents, and
				  that, based on my inquiry of those individuals immediately responsible for
				  obtaining the information, I believe that the submitted information is true,
				  accurate, and complete. I am aware that there are significant penalties for
				  submitting false information, including the possibility of fine and
				  imprisonment."
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 30 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR LOCAL TAX EXEMPTION PURPOSES › Form - FORMS (9VAC15-30)

Current through Register Vol. 40, No. 24, July 15, 2024
Form
				  DEQ 50-11, Recycling Machinery and Equipment Certification for Local Tax
				  Exemption (rev. 11/2017)
Form
				  DEQ 50-11S, Recycling Machinery and Equipment Certification for State Income
				  Tax Credit (rev. 11/2017)
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 40 - SMALL RENEWABLE ENERGY PROJECTS (WIND) PERMIT BY RULE › Part I - Definitions and Applicability › Section 9VAC15-40-20 - Authority and applicability

Current through Register Vol. 40, No. 24, July 15, 2024
This regulation is issued under authority of Article 5
					 (§
										10.1-1197.5 et seq.) of Chapter
					 11.1 of Title 10.1 of the Code of Virginia. The regulation contains
					 requirements for wind-powered electric generation projects consisting of wind
					 turbines and associated facilities with a single interconnection to the
					 electrical grid that are designed for, or capable of, operation at a rated
					 capacity equal to or less than 150 megawatts. The department has determined
					 that a permit by rule is required for small wind energy projects with a rated
					 capacity greater than five megawatts and this regulation contains the permit by
					 rule provisions for these projects in Part II (9VAC15-40-30 et seq.) of this
					 chapter. The department has also determined that a permit by rule is not
					 required for small wind energy projects with a rated capacity of five megawatts
					 or less and this regulation contains notification and other provisions for
					 these projects in Part III (9VAC15-40-130 ) of
					 this chapter. Projects that meet the criteria in Part III of this chapter are
					 deemed to be covered by the permit by rule.
Statutory Authority: §
												10.1-1197.6 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 40 - SMALL RENEWABLE ENERGY PROJECTS (WIND) PERMIT BY RULE › Part II - Permit by Rule Provisions › Section 9VAC15-40-40 - Analysis of the beneficial and adverse impacts on natural resources

Current through Register Vol. 40, No. 24, July 15, 2024
A. Analyses of
				  wildlife. To fulfill the requirements of § 10.1-1197.6B 7 of the Code of
				  Virginia, the applicant shall conduct pre-construction wildlife analyses. The
				  analyses of wildlife shall include the following:
1. Desktop surveys and maps. The applicant
				  shall obtain a wildlife report and map generated from DGIF's Virginia Fish and
				  Wildlife Information Service web-based application (9VAC15-40-120 C 3) or from a data
				  and mapping system including the most recent data available from DGIF's
				  subscriber-based Wildlife Environmental Review Map Service of the following:
(i) known wildlife species and habitat
				  features on the site or within two miles of the boundary of the site;
(ii) known bat hibernacula on the
				  site or within five miles of the boundary of the site;
(iii) known maternity and bachelor bat
				  colonies on the site or within 12 miles of the boundary of the site; and
(iv) known or potential sea turtle
				  nesting beaches located within one mile of the disturbance zone.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 40 - SMALL RENEWABLE ENERGY PROJECTS (WIND) PERMIT BY RULE › Part II - Permit by Rule Provisions › Section 9VAC15-40-50 - Determination of likely significant adverse impacts

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department shall find that significant
				  adverse impacts to wildlife are likely whenever the wildlife analyses
				  prescribed in
				  9VAC15-40-40 A document that either
				  of the following conditions exists:
1. Bats
				  have been detected, or a hibernaculum exists, within the disturbance
				  zone.
2. State-listed T&E
				  wildlife are found to occur within the disturbance zone; or the disturbance
				  zone is located on or within one mile of a known or potential sea turtle
				  nesting beach.
3. Within the
				  Coastal Avian Protection Zones, the applicant's field studies indicate that
				  significant adverse impacts to avian resources are likely, or the applicant
				  stipulates that existing scientific analysis, as reflected on the CAPZ map,
				  supports a conclusion that significant adverse impacts to avian resources are
				  likely.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 40 - SMALL RENEWABLE ENERGY PROJECTS (WIND) PERMIT BY RULE › Part II - Permit by Rule Provisions › Section 9VAC15-40-70 - Site plan and context map requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The applicant shall submit a site plan
				  that includes maps showing the physical features, topography, and land cover of
				  the area within the site, both before and after construction of the proposed
				  project. The site plan shall be submitted at a scale sufficient to show, and
				  shall include, the following:
(i) the
				  boundaries of the site;
(ii) the
				  location, height, and dimensions of all existing and proposed wind turbines,
				  other structures, fencing, and other infrastructure;
(iii) the location, grades, and dimensions of
				  all temporary and permanent on-site and access roads from the nearest county or
				  state maintained road; and
(iv)
				  water bodies, waterways, wetlands, and drainage channels. For any part of a
				  site that is located in nearshore waters, the site plan shall also include
				  bathymetry; the location and depth of underground cables, transmission lines,
				  and pipelines; navigational channels; and beaches, marshes, and other emergent
				  terrestrial features.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 40 - SMALL RENEWABLE ENERGY PROJECTS (WIND) PERMIT BY RULE › Part II - Permit by Rule Provisions › Section 9VAC15-40-80 - Small wind energy project design standards

Current through Register Vol. 40, No. 24, July 15, 2024
The design and installation of the small wind energy
					 project shall incorporate any requirements of the mitigation plan that pertain
					 to design and installation, if a mitigation plan is required pursuant to
					 9VAC15-40-50.
Statutory Authority
§ 10.1-1197.6 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 40 - SMALL RENEWABLE ENERGY PROJECTS (WIND) PERMIT BY RULE › Part II - Permit by Rule Provisions › Section 9VAC15-40-90 - Public participation

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Before the initiation of any construction at the small wind energy project, the
				  applicant shall comply with this section. The owner or operator shall first
				  publish a notice once a week for two consecutive weeks in a major local
				  newspaper of general circulation informing the public that he intends to
				  construct and operate a project eligible for a permit by rule. No later than
				  the date of newspaper publication of the initial notice, the owner or operator
				  shall submit to the department a copy of the notice along with electronic
				  copies of all documents that the applicant plans to submit in support of the
				  application. The notice shall include:
1. A
				  brief description of the proposed project and its location, including the
				  approximate dimensions of the site, approximate number of turbines, and
				  approximate maximum blade-tip height;
2. A statement that the purpose of the public
				  participation is to acquaint the public with the technical aspects of the
				  proposed project and how the standards and the requirements of this chapter
				  will be met, to identify issues of concern, to facilitate communication, and to
				  establish a dialogue between the owner or operator and persons who may be
				  affected by the project;
3.
				  Announcement of a 30-day comment period in accordance with subsection C of this
				  section, and the name, telephone number, address, and email address of the
				  applicant who can be contacted by the interested persons to answer questions or
				  to whom comments shall be sent;
4.
				  Announcement of the date, time, and place for a public meeting held in
				  accordance with subsection D of this section; and
5. Location where copies of the documentation
				  to be submitted to the department in support of the permit by rule application
				  will be available for inspection.