Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1775 - Public participation

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
					 later than 30 days after receiving the initial determination notification
					 required under
					 9VAC5-80-1773
					 A, the applicant shall notify the public about the proposed source as required
					 in subsection B of this section. The applicant shall also provide an
					 informational briefing about the proposed source for the public as required in
					 subsection C of this section.
B.
					 The public notice required under subsection A of this section shall be placed
					 by the applicant in at least one newspaper of general circulation in the
					 affected air quality control region. The notice shall be approved by the
					 department and shall include (i) the name, location, and type of the source and
					 (ii) the time and place of the informational briefing.
C. The informational briefing shall be held
					 in the locality where the source is or will be located and at least 30 days,
					 but no later than 60 days, following the day of the publication of the public
					 notice in the newspaper. The applicant shall inform the public about the
					 operation and potential air quality impact of the source and answer any
					 questions concerning air quality about the proposed source from those in
					 attendance at the briefing. At a minimum, the applicant shall provide
					 information on and answer questions about (i) specific pollutants and the total
					 quantity of each which the applicant estimates will be emitted and (ii) the
					 control technology proposed to be used at the time of the informational
					 briefing. Representatives from the department will attend and provide
					 information and answer questions on the permit application review
					 process.
D. Upon a determination by
					 the department that an alternative plan will achieve the desired results in an
					 equally effective manner, an applicant for a permit may implement an
					 alternative plan for notifying the public as required in subsection B of this
					 section and for providing the informational briefing as required in subsection
					 C of this section.
E. The
					 department will provide opportunity for a public hearing for interested persons
					 to appear and submit written or oral comments on the air quality impact of the
					 source or modification, alternatives to the source or modification, the control
					 technology required, and other appropriate considerations.
F. The department will notify the public by
					 advertisement in a newspaper of general circulation in each region in which the
					 proposed source or modification would be constructed of the application, the
					 preliminary determination, the degree of increment consumption that is expected
					 from the source or modification, and the opportunity for comment at a public
					 hearing as well as written public comment. The notification will contain a
					 statement of the estimated local impact of the proposed source or modification,
					 which at a minimum will provide information regarding specific pollutants and
					 the total quantity of each that may be emitted, and will list the type and
					 quantity of any fuels to be used. The notification will be published at least
					 30 days prior to the day of the public hearing. Written comments will be
					 accepted by the board for at least 15 days after any hearing.
1. All materials the applicant submitted,
					 exclusive of confidential information under
					 9VAC5-170-60;
					 a copy of the preliminary determination; and a copy or summary of other
					 materials, if any, considered in making the preliminary determination will be
					 available for public inspection during the entire public comment period in at
					 least one location in the affected air quality control region.
2. A copy of the notice will be sent to the
					 applicant, the administrator, and to officials and agencies having cognizance
					 over the location where the proposed construction would occur as follows:
(i) local air pollution control agencies,
(ii) the chief elected official and
					 chief administrative officer of the city and county where the source or
					 modification would be located and of any other locality particularly affected,
(iii) the planning district
					 commission, and
(iv) any state,
					 federal land manager, or Indian governing body whose lands may be affected by
					 emissions from the source or modification.
3. Notices of public comment periods and
					 public hearings for major stationary sources and major modifications published
					 under this section shall meet the requirements of § 10.1-1307.01 of the
					 Virginia Air Pollution Control Law.