Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 170 - REGULATION FOR GENERAL ADMINISTRATION › Part I - Definitions › Section 9VAC5-170-20 - Terms defined

Current through Register Vol. 40, No. 24, July 15, 2024
"Administrative proceeding" means an informal fact finding
					 or formal hearing.
"Administrative Process Act" means Chapter 40 (§
					 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
"Air pollution" means the presence in the outdoor
					 atmosphere of one or more substances that are or may be harmful or injurious to
					 human health, welfare, or safety; to animal or plant life; or to property; or
					 that unreasonably interfere with the enjoyment by the people of life or
					 property.
"Board" means the State Air Pollution Control Board or its
					 designated representative. When used outside the context of the promulgation of
					 regulations, including regulations to establish general permits, pursuant to
					 this chapter, "board" means the Department of Environmental Quality.
"Case decision" means any determination that a named party
					 as a matter of past or present fact, or as a matter of threatened or
					 contemplated private action, either is or is not, or may or may not be (i) in
					 violation of any law or regulations, or (ii) in compliance with any existing
					 requirement for obtaining or retaining a permit or other right or benefit. Case
					 decisions include, but are not limited to, consent orders, consent agreements,
					 orders, special orders, emergency special orders, permits, waivers, and
					 licenses. Case decisions do not include notices of violations, variances,
					 regulations, or inspection reports.
"Confidential information" means secret formulae, secret
					 processes, secret methods, or other trade secrets that are proprietary
					 information certified by the signature of the responsible person for the owner
					 to meet the following criteria:
(i)
				  information for which the owner has been taking and will continue to take
				  measures to protect confidentiality,
(ii) information that has not been and is not
				  presently reasonably obtainable without the owner's consent by private citizens
				  or other firms through legitimate means other than discovery based on a showing
				  of special need in a judicial or quasi-judicial proceeding,
(iii) information that is not publicly
				  available from sources other than the owner, and
(iv) information the disclosure of which
				  would cause substantial harm to the owner.
"Consent agreement" means an agreement that the owner or
					 another person will perform specific actions for the purpose of diminishing or
					 abating the causes of air pollution or for the purpose of coming into
					 compliance with the regulations of the board, by mutual agreement of the owner
					 or another person and the department.
"Consent order" means a consent agreement issued as an
					 order. Consent orders may be issued without a formal hearing.
"Department" means an employee or other representative of
					 the Virginia Department of Environmental Quality as designated by the
					 director.
"Director" means the Director of the Virginia Department of
					 Environmental Quality or a designated representative.
"Disclosure form" means the financial statement required by
					 § 2.2-3114 of the State and Local Government Conflict of Interests Act
					 (Chapter 31 (§ 2.2-3100 et seq.) of Title 2.2 of the Code of
					 Virginia).
"Emergency" means a situation that immediately and
					 unreasonably affects, or has the potential to immediately and unreasonably
					 affect, public health, safety, or welfare; the health of animal or plant life;
					 or property, whether used for recreational, commercial, industrial,
					 agricultural, or other reasonable use.
"Emergency special order" means an order of the department
					 issued under the provisions of § 10.1-1309 B of the Code of Virginia,
					 after declaring a state of emergency and without a formal hearing, to owners
					 who are permitting or causing air pollution to cease the pollution. These
					 orders shall become invalid if a formal hearing is not held within 10 days
					 after the effective date.
"Enabling law" or "enabling laws" means provisions of the
					 Constitution and statutes of the Commonwealth of Virginia authorizing the board
					 to make regulations or the department to decide cases or containing procedural
					 requirements therefor, including, but not limited to, the (i) Virginia Air
					 Pollution Control Law and (ii) the Virginia Motor Vehicle Emissions Control
					 Law.
"Evidentiary hearing" means a formal proceeding that
					 provides opportunity for interested persons to submit factual proofs in formal
					 proceedings as provided in § 2.2-4009 of the Administrative Process Act in
					 connection with the making of regulations. Evidentiary hearings do not include
					 the informational inquiries of an informal nature provided in §
					 2.2-4007.01 B of the Administrative Process Act.
"Federal Clean Air Act" means
					 42 USC
					 7401 et seq., 91 Stat 685.
"Formal hearing" means a formal proceeding that provides
					 for the right of private parties to submit factual proofs as provided in §
					 2.2-4020 of the Administrative Process Act in connection with case decisions.
					 Formal hearings do not include the factual inquiries of an informal nature
					 provided in § 2.2-4019 of the Administrative Process Act.
"Informal fact finding" means an informal conference or
					 consultation proceeding used to ascertain the fact basis for case decisions as
					 provided in § 2.2-4019 of the Administrative Process Act.
"Locality" means a city, town, county, or other public body
					 created by or pursuant to state law.
"Order" means a decision or directive of the department,
					 including special orders, emergency special orders, and other orders of all
					 types, rendered for the purpose of diminishing or abating the causes of air
					 pollution or enforcement of the regulations of the board. Unless specified
					 otherwise in the Virginia Air Pollution Control Law or in the regulations of
					 the board, orders shall be issued only after the appropriate administrative
					 proceeding.
"Owner" means a person, including bodies politic and
					 corporate, associations, partnerships, personal representatives, trustees, and
					 committees, as well as individuals, who owns, leases, operates, controls, or
					 supervises a source.
"Party" means, for the purposes of Part VIII (9VAC5-170-190
					 et seq.) of this chapter, a person named in the record who actively
					 participates in the administrative proceeding or offers comments through the
					 public participation process. The term "party" also means the
					 department.
"Person" means an individual, a corporation, a partnership,
					 an association, a governmental body, a municipal corporation, or another legal
					 entity.
"Pollutant" means a substance the presence of which in the
					 outdoor atmosphere is or may be harmful or injurious to human health, welfare,
					 or safety; to animal or plant life; or to property; or which unreasonably
					 interferes with the enjoyment by the people of life or property.
"Potential conflict of interest" means a personal interest
					 as defined in § 2.2-3101 of the State and Local Government Conflict of
					 Interests Act (Chapter 31 (§ 2.2-3100 et seq.) of Title 2.2 of the Code of
					 Virginia).
"Public hearing" means, unless indicated otherwise, an
					 informal proceeding, similar to that provided for in § 2.2-4007.01 B of
					 the Administrative Process Act, held to afford people an opportunity to submit
					 views and data relative to a matter on which a decision of the board or the
					 department is pending.
"Public meeting" means an informal proceeding conducted by
					 the department in conjunction with the notice of intended regulatory action to
					 afford people an opportunity to submit comments relative to intended regulatory
					 actions.
"Public participation process" means any element of a board
					 or department decision making process that involves the use of a public
					 meeting, public hearing, or evidentiary hearing.
"Regulations of the board" means regulations adopted by the
					 State Air Pollution Control Board under a provision of the Code of
					 Virginia.
"Source" means one or combination of the following:
					 buildings, structures, facilities, installations, articles, machines,
					 equipment, landcraft, watercraft, aircraft, or other contrivances that
					 contribute, or may contribute, either directly or indirectly to air pollution.
					 An activity by a person that contributes, or may contribute, either directly or
					 indirectly to air pollution, including, but not limited to, open burning,
					 generation of fugitive dust or emissions, and cleaning with abrasives or
					 chemicals.
"Special order" means an order of the department
					 issued:
1. Under the provisions of
				  § 10.1-1309 of the Code of Virginia:
a.
				  To owners who are permitting or causing air pollution to cease and desist from
				  the pollution;
b. To owners who
				  have failed to construct facilities in accordance with or have failed to comply
				  with plans for the control of air pollution submitted by them to, and approved
				  by the department, to construct facilities in accordance with or otherwise
				  comply with the approved plan;
c.
				  To owners who have violated or failed to comply with the terms and provisions
				  of an order or directive issued by the department to comply with the terms and
				  provisions;
d. To owners who have
				  contravened duly adopted and promulgated air quality standards and policies to
				  cease and desist from the contravention and to comply with the air quality
				  standards and policies; and
e. To
				  require an owner to comply with the provisions of the Virginia Air Pollution
				  Control Law and a decision of the department; or