Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 170 - REGULATION FOR GENERAL ADMINISTRATION › Part VI - Variances, Ordinances, and Approvals › Section 9VAC5-170-140 - Variances

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Pursuant to § 10.1-1307 C of the Virginia Air Pollution Control Law, the
				  department may grant local variances to a provision of the regulations of the
				  board after an investigation and public hearing; except that no local variances
				  shall be granted from regulations adopted by the board pursuant to §
				  10.1-1308 of the Code of Virginia related to the requirements of §
				  10.1-1308 E of the Code of Virginia or Article 4 (§ 10.1-1329 et seq.) of
				  Chapter 13 of Title 10.1 of the Code of Virginia. If a local variance is
				  appropriate, the department shall issue an order to this effect. The order
				  shall be subject to amendment or revocation at any time.
B. The department shall adopt variances and
				  amend or revoke variances if warranted only after conducting a public hearing
				  pursuant to public advertisement in at least one major newspaper of general
				  circulation in the affected area of the subject, date, time, and place of the
				  public hearing at least 30 days prior to the scheduled hearing.
C. The public participation procedures of
				  § 10.1-1307.01 of the Virginia Air Pollution Control Law shall be followed
				  in the consideration of variances.
D. Notwithstanding the requirements of
				  subsection B of this section, if the department finds that there is a locality
				  particularly affected by a variance involving (i) a new fossil fuel-fired
				  generating facility with a capacity of 500 megawatts or more, (ii) a major
				  modification to an existing source that is a fossil fuel-fired generating
				  facility with a capacity of 500 megawatts or more, (iii) a new fossil
				  fuel-fired compressor station facility used to transport natural gas, or (iv) a
				  major modification to an existing source that is a fossil fuel-fired compressor
				  station facility used to transport natural gas:
1. The applicant shall perform the following:
a. Publish a notice in at least one local
				  paper of general circulation in any locality particularly affected at least 60
				  days prior to the close of any public comment period. Such notice shall (i)
				  contain a statement of the estimated local impact of the proposed action; (ii)
				  provide information regarding specific pollutants and the total quantity of
				  each that may be emitted; (iii) list the type, quantity, and source of any fuel
				  to be used; (iv) advise the public as to the date and location of a public
				  hearing; and (v) advise the public where to obtain information regarding the
				  proposed action. The department shall post such notice on the department
				  website and on a department social media account; and
b. Mail the notice to (i) the chief elected
				  official of, chief administrative officer of, and planning district commission
				  for each locality particularly affected; (ii) every public library and public
				  school located within five miles of such facility; and (iii) the owner of each
				  parcel of real property that is depicted as adjacent to the facility on the
				  current real estate tax assessment maps of the locality.