Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 9 - Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region › Section 9VAC5-80-2070 - 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
					 9VAC5-80-2060
					 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 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. Prior to the
					 decision of the department, all permit applications will be subject to a public
					 comment period of at least 30 days. In addition, at the end of the public
					 comment period, a public hearing shall be held with notice in accordance with
					 subsection F of this section.
F.
					 The department will notify the public by advertisement in at least one
					 newspaper of general circulation in the affected air quality control region of
					 the opportunity for public comment and the public hearing on the information
					 available for public inspection under the provisions of subdivision 1 of this
					 subsection. The notification shall be published at least 30 days prior to the
					 day of the public hearing. Written comments will be accepted by the department
					 for at least 15 days after any hearing.
1.
					 Information on the permit application; exclusive of confidential information
					 under
					 9VAC5-170-60,
					 as well as the preliminary review and analysis and preliminary determination of
					 the department shall 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 shall be sent to all local air pollution control agencies having
					 jurisdiction in the affected air quality control region, all states sharing the
					 affected air quality control region, and to the regional EPA administrator U.S.
					 Environmental Protection Agency.
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.