Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 60 - HAZARDOUS AIR POLLUTANT SOURCES › Part II - Emission Standards › Article 5 - Emission Standards for Toxic Pollutants from New and Modified Sources (Rule6-5) › Section 9VAC5-60-370 - Public participation

Current through Register Vol. 40, No. 24, July 15, 2024
If the owner of an affected facility chooses the
						demonstration under subdivision 2 of
						9VAC5-60-360, the provisions of
						this section shall apply.
1. Prior to
					 the decision of the board on the acceptability of the demonstration, the
					 demonstration shall be subject to a public comment period of at least 30
					 days.
2. The board shall notify the
					 public of the opportunity for public comment on the information available for
					 public inspection under the provisions of subdivision 3 of this section. The
					 notification shall be made by advertisement in one newspaper of general
					 circulation in the affected air quality control region and, if available, one
					 newspaper that circulates in the area where the affected facility is located. A
					 copy of the notice shall be sent to the governing body of the locality where
					 the affected facility is located and to the governing bodies of the localities
					 where ambient air quality impacts from the affected facility exceed the
					 significant ambient air concentration guidelines in
					 9VAC5-60-330. The notice shall
					 include a brief description of the pollutants of concern and their possible
					 health impacts, the demonstration, a statement listing the requirements in
					 subdivisions 4 and 5 of this section, and the name and telephone number of a
					 department staff person from whom detailed information on the demonstration and
					 the pollutants may be obtained.
3.
					 Information relevant to the demonstration, including (i) information produced
					 by the owner showing that the emissions from the affected facility do not
					 endanger human health and (ii) the preliminary review, analysis and tentative
					 determination of the board, shall be available for public inspection during the
					 entire comment period in at least one location in the affected air quality
					 control region.
4. Following the
					 initial publication of notice of a public comment period, the board will
					 receive written requests for a public hearing to consider the source's
					 demonstration under subdivision 2 of
					 9VAC5-60-360. The request shall be
					 submitted within 30 days of the appearance of the notice in the newspaper.
					 Request for a public hearing shall contain the following information:
a. The name, mailing address and telephone
					 number of the requester;
b. The
					 names and addresses of all persons for whom the requester is acting as a
					 representative;
c. The reason why a
					 hearing is requested; and
d. A
					 brief, informal statement setting forth the factual nature and the extent of
					 the interest of the requester or of the persons for whom the requester is
					 acting as representative, including an explanation of how and to what extent
					 such interest would be directly and adversely affected by the demonstration in
					 question.