reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 190 - VARIANCE FOR MERCK STONEWALL PLANT › Section 9VAC5-190-50 - Other regulatory requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. This section applies in lieu of regulatory
				requirements for all pollutants except: lead, particulate matter regulated as
				PM2.5, or any criteria pollutant which is listed in the
				definition of "significant" in
				9VAC5-80-1710 C by an amendment
				adopted after November 15, 1997.
B.
				For the pollutants cited in subsection A of this section, compliance with this
				chapter and the PSD permit shall constitute compliance with the following
				provisions of the SAPCB regulations:
1.
				Pertaining to minor new source review permitting and registration:
9VAC5-20-160.
9VAC5 Chapter 50, Part II, Article 4 (9VAC5-50-240 et seq.).
9VAC5-80-10.
9VAC5-80-11.
2. Pertaining to standards of performance for
				stationary sources:
9VAC5 Chapter 50, Part II, Article 4 (9VAC5-50-240 et
				  seq.).
3. Pertaining to the
				Virginia Air Toxics Program requirements:
9VAC5 Chapter 40, Part II, Article 3 (9VAC5-40-160 et
				  seq.).
9VAC5 Chapter 50, Part II, Article 3 (9VAC5-50-160 et
				  seq.).
4. Pertaining to
				notification, records, and reporting requirements:
9VAC5-40-50.
9VAC5-50-50.
5. Pertaining to emission standards for
				general process operations, incinerators, and fuel burning equipment:
9VAC5-40-22.
9VAC5 Chapter 40, Part II, Article 4 (9VAC5-40-240 et seq.).
9VAC5 Chapter 40, Part II, Article 7 (9VAC5-40-730 et seq.).
9VAC5 Chapter 40, Part II, Article 8 (9VAC5-40-880 et seq.).
6. Pertaining to compliance and monitoring
				requirements:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 190 - VARIANCE FOR MERCK STONEWALL PLANT › Section 9VAC5-190-60 - Certain emissions standards, permitting, and other requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. This section
				applies in lieu of regulatory requirements for all pollutants except: lead,
				particulate matter regulated as PM2.5, or any criteria
				pollutant which is listed in the definition of "significant" in
				9VAC5-80-1710 C by an amendment
				adopted after November 15, 1997.
B.
				For the pollutants cited in subsection A of this section, compliance with this
				chapter and the PSD permit shall constitute compliance with the following
				provisions of the SAPCB regulations:
1.
				Pertaining to standards of performance for new stationary sources:
a. For the natural gas-fired boilers
				installed in accordance with Section 2.1 of the PSD permit, compliance with
				that permit shall constitute compliance with all requirements of 9VAC5 Chapter
				50, Part II, Article 5 (9VAC5-50-400 et
				seq.).
b. For any new and existing
				bulk volatile organic liquid storage vessels (including petroleum liquid
				storage vessels) that would otherwise only be subject to notification,
				recordkeeping and reporting requirements, compliance with the PSD permit shall
				constitute compliance with 9VAC5 Chapter 50, Part II, Article 5 (9VAC5-50-400 et seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 190 - VARIANCE FOR MERCK STONEWALL PLANT › Section 9VAC5-190-70 - Federal operating permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. Merck shall be subject to the provisions
				of 9VAC5 Chapter 80, Part II, Article 1 (9VAC5-80-50 et seq.) except as
				follows:
1. Compliance with monitoring
				requirements specified in Section 4 of the PSD permit shall constitute
				compliance with any monitoring requirements in
				9VAC5-80-110 E that would be
				applicable to provisions of the PSD permit.
2. Compliance with recordkeeping and
				reporting requirements specified in Section 4 of the PSD permit shall
				constitute compliance with any recordkeeping and reporting requirements in
				9VAC5-80-110 F 1 and
				9VAC5-80-110 F 2 a that would be
				applicable to the PSD permit.
3.
				The PSD permit and documentation submitted in obtaining the PSD permit are
				deemed sufficient for the permit application requirements pertaining to the
				applicable requirements in the PSD permit. For applicable requirements outside
				of the PSD permit, Merck shall submit information on standard forms provided by
				DEQ, or in accordance with instructions accompanying those forms, or as
				otherwise acceptable to DEQ.
4.
				Merck's initial federal operating permit application need not list equipment,
				emissions or applicable requirements as of the time of application, but rather
				as of the conditions representative of the PSD permit.
5. Merck's initial federal operating permit
				application compliance certification need not be based on applicable
				requirements as of the time of application, but rather as of the conditions
				representative of the PSD permit, expressed as a future commitment to meet
				those requirements if they are not in effect at the time of
				application.
6. If all of the
				provisions of the PSD permit have not become effective by January 10, 2000,
				Merck shall submit a revised application for a federal operating permit which
				shall list all equipment, emissions and applicable requirements as they exist
				at that time and shall make the applicable compliance certification in
				accordance with those current requirements.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 190 - VARIANCE FOR MERCK STONEWALL PLANT › Section 9VAC5-190-80 - PSD permit issuance and modifications

Current through Register Vol. 40, No. 24, July 15, 2024
A. DEQ shall issue and modify the PSD permit
				in accordance with the procedures set forth in subsections B through D of this
				subsection. Public participation activities associated with issuance of the PSD
				permit which were conducted prior to November 15, 1997, shall be considered
				applicable toward meeting the requirements of this section. DEQ shall specify
				within the PSD permit the conditions under which the PSD permit may be
				modified.
B. DEQ shall provide for
				public participation prior to issuing the PSD permit. At a minimum, DEQ shall:
1. Make available for public inspection in at
				least one location in the area of the site the information submitted by the
				permittee, the DEQ's analysis of the effect on air quality including the
				preliminary determination, and a copy or summary of any other materials
				considered in making the preliminary determination;
2. Notify the public by advertisement in a
				newspaper of general circulation in the area of the site of the application, of
				the preliminary determination, and of the opportunity for comment at a public
				hearing as well as written public comment;
3. Provide a 30-day period for submittal of
				public comment;
4. Send a copy of
				the notice of public comment to the following: the EPA Administrator, through
				the appropriate regional office; any other state or local air pollution control
				agencies; the chief executives of the city and county where the site is
				located; any state, federal land manager, or other governing body whose lands
				may be affected by emissions from the site; and
5. Provide opportunity for a public hearing
				for interested persons to appear and submit written or oral comments on the air
				quality impact of the site, the control technology required, and other
				appropriate considerations.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 190 - VARIANCE FOR MERCK STONEWALL PLANT › Section 9VAC5-190-90 - Transfer of ownership

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				terms of this chapter and the PSD permit are transferable to a new owner upon
				sale of the site in accordance with provisions specified by the PSD
				permit.
B. In the case of a
				transfer of ownership of the site, the new owner shall comply with this chapter
				and the PSD permit. The new owner shall notify the DEQ of the change in
				ownership within 30 days of the transfer and shall comply with the requirements
				of 9VAC5-190-80 D.
C. In the case of a name change of the site,
				the owner shall comply with this chapter and the PSD permit. The owner shall
				notify the DEQ of the change in source name within 30 days of the name change
				and shall comply with the requirements of
				9VAC5-190-80 D.
Statutory Authority
§§ 10.1-1307 and 10.1-1308 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 190 - VARIANCE FOR MERCK STONEWALL PLANT › Section 9VAC5-190-100 - Applicability of future regulation amendments

Current through Register Vol. 40, No. 24, July 15, 2024
Subsequent amendments to the SAPCB regulations to which this
				  chapter applies shall not apply to the Stonewall Plant unless and until the
				  board amends this chapter to specifically address the applicability of the
				  regulatory amendments to the facility. In any action to amend this chapter, the
				  board shall, to the maximum extent possible, preserve the operating flexibility
				  and regulatory simplification achieved by the Merck XL project and justified by
				  the superior environmental performance it provides.
Statutory Authority
§§ 10.1-1307 and 10.1-1308 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 190 - VARIANCE FOR MERCK STONEWALL PLANT › Section 9VAC5-190-110 - Documents incorporated by reference

Current through Register Vol. 40, No. 24, July 15, 2024
A. The United States Environmental Protection
				Agency Regulations on Approval and Promulgation of Implementation Plans ( 40
				CFR Part 52 ) and Standards of Performance for New Stationary Sources ( 40 CFR
				Part 60 ), as indicated in subsection B of this section, are incorporated by
				reference into this chapter as amended by the word or phrase substitutions
				given in subsection C of this section.
B. The following documents (October 8, 1997,
				62 FR 52622) from the United States Environmental Protection Agency are
				incorporated herein by reference:
1.
										40 CFR
				52.2454: Prevention of significant
				deterioration of air quality for Merck & Co., Inc.'s Stonewall Plant in
				Elkton, Virginia.
2.
										40 CFR
				60.1: Applicability.
3.
										40 CFR
				60.49b: Reporting and recordkeeping
				requirements.
4.
										40 CFR
				60.112b: Standard for volatile organic
				compounds (VOC).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 210 - REGULATION FOR DISPUTE RESOLUTION › Part I - Definitions › Section 9VAC5-210-10 - Use of terms

Current through Register Vol. 40, No. 24, July 15, 2024
A. For
				  the purpose of this chapter and subsequent amendments to it, of regulations of
				  the board, or of orders issued by the board, the words or terms shall have the
				  meanings given them in
				  9VAC5-210-20.
B. Unless specifically defined in the
				  Virginia Air Pollution Control Law or in the regulations of the board, terms
				  used shall have the meanings commonly ascribed to them.
Statutory Authority
§ 10.1-1186.3 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 210 - REGULATION FOR DISPUTE RESOLUTION › Part II - General Provisions › Section 9VAC5-210-30 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provisions
				  of this chapter, unless specified otherwise, shall apply throughout the
				  Commonwealth of Virginia.
B. The
				  provisions of this chapter, unless specified otherwise, shall apply in the
				  administration of all regulations of the board to the extent not covered by a
				  specific regulation of the board. In cases where the provisions of this chapter
				  conflict with another regulation of the board, the provisions of the other
				  regulation shall apply.
C. No
				  provision of this chapter shall limit the power of the board to take
				  appropriate action as necessary to carry out its duties under the Virginia Air
				  Pollution Control Law.
D. By the
				  adoption of this chapter, the board confers upon the director the
				  administrative, enforcement, and decision-making authority articulated in this
				  chapter.
E. Nothing in this chapter
				  shall create or alter any right, action, or cause of action, or be interpreted
				  or applied in a manner inconsistent with the Administrative Process Act (§
				  2.2-4000 et seq. of the Code of Virginia), with applicable federal law, or with
				  any applicable requirement for the Commonwealth to obtain or maintain federal
				  delegation or approval of any regulatory program.
F. For a permit in dispute, dispute
				  resolution may not be initiated after the final permit is issued. For a
				  regulation in dispute, dispute resolution may not be initiated after the final
				  regulation is adopted.
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 210 - REGULATION FOR DISPUTE RESOLUTION › Part II - General Provisions › Section 9VAC5-210-40 - Purpose and scope

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  This chapter shall be construed to encourage the fair, expeditious, voluntary,
				  consensual resolution of disputes. It shall not be construed to preclude
				  collaborative community problem solving.
B. Dispute resolution shall be used to
				  resolve only those disputes that reveal significant issues of disagreement
				  among parties and may be used unless the board decides that it is not in the
				  public interest to do so.
C. The
				  decision to employ dispute resolution is in the board's sole discretion and is
				  not subject to judicial review.
D.
				  The outcome of any dispute resolution procedure shall not be binding upon the
				  board but may be considered by the board in issuing a permit or promulgating a
				  regulation.
E. Dispute resolution
				  may be used to resolve a dispute relating to the promulgation, amendment, or
				  repeal of a regulation that is subject to the public participation process
				  prescribed in Article 2 (§ 2.2-4006 et seq. of the Code of Virginia) of
				  the Administrative Process Act.
F.
				  Dispute resolution may be used to resolve a dispute involving any process
				  relating to the issuance of a permit. Dispute resolution may be used in this
				  case only with the consent and participation of the permit applicant and may be
				  terminated at any time at the request of the permit applicant.
G. The board shall consider not using dispute
				  resolution in the circumstances listed in § 10.1-1186.3 A of the Code of
				  Virginia.
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 210 - REGULATION FOR DISPUTE RESOLUTION › Part II - General Provisions › Section 9VAC5-210-50 - Costs

Current through Register Vol. 40, No. 24, July 15, 2024
A. Compensation of
				  the neutral and any other associated common costs, such as rental fees, shall
				  be the responsibility of the parties. Compensation of each party's counsel and
				  other individual costs shall be the responsibility of that party alone, unless
				  the parties agree otherwise.
B. An
				  agreement regarding compensation and other associated costs shall be reached
				  between the neutral and the parties before the dispute resolution procedure
				  commences and shall be memorialized in writing.
C. In the absence of an agreement to the
				  contrary, all costs shall be paid by the parties in equal shares.
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 210 - REGULATION FOR DISPUTE RESOLUTION › Part II - General Provisions › Section 9VAC5-210-60 - Date, time, and place

Current through Register Vol. 40, No. 24, July 15, 2024
The dispute resolution procedure shall be conducted in any
					 place within the Commonwealth of Virginia, on any date, and at any time
					 agreeable to the parties and the neutral.
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 210 - REGULATION FOR DISPUTE RESOLUTION › Part II - General Provisions › Section 9VAC5-210-70 - Attendance at the dispute resolution procedure

Current through Register Vol. 40, No. 24, July 15, 2024
A. All parties shall attend all sessions of
				  the dispute resolution procedure. Any party who fails to attend any session
				  shall be conclusively deemed to have dropped out of the dispute resolution
				  procedure. A party may satisfy the attendance requirement by sending a
				  representative familiar with the facts of the case. This representative shall
				  have the authority to negotiate and to recommend settlement to the party that
				  he represents.
B. Any party may
				  have the assistance of an attorney or other representative during any session
				  of the dispute resolution procedure.
C. Persons who are not parties or
				  representatives of parties may attend dispute resolution sessions only with the
				  permission of all parties and with the consent of the neutral .
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 210 - REGULATION FOR DISPUTE RESOLUTION › Part II - General Provisions › Section 9VAC5-210-90 - Public participation

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  In general, when a dispute has been referred to dispute resolution, the public
				  shall be so notified by a notice placed in the Virginia Register of
				  Regulations. The public also may be notified by any other means deemed
				  appropriate by the board. The notice shall state the nature of the dispute and
				  the name, telephone number, postal address, and e-mail address of the
				  department staff person to whom a member of the public should apply in order to
				  become a party. The notice shall allow for a response time of at least 10
				  business days following publication.
B. Anyone who is interested in becoming a
				  party in the pending dispute resolution and who meets the eligibility criteria
				  specified in the definition of "party" in
				  9VAC5-210-20 shall, within the time
				  allotted in the notice, apply to the department staff person listed in the
				  notice. The application shall include the name, telephone number, postal
				  address, and, if applicable, the email address of the interested person. The
				  application shall also include a brief statement setting forth the factual
				  nature and the extent of the interest of the requester in the
				  dispute.
C. The director shall
				  respond to the application of the interested person in writing, explaining the
				  obligations of a party to dispute resolution concerning attendance and costs.
				  The director shall also request that the interested person submit a dated and
				  signed statement as follows: "I understand that by becoming a party to dispute
				  resolution, I am obligated to abide by Virginia law and regulations concerning
				  dispute resolution and that I incur partial financial responsibility for the
				  dispute resolution procedure."
D.
				  After receiving the signed and dated statement from the interested person as
				  required by subsection C of this section, the director may consider this person
				  a party and proceed accordingly.
Statutory Authority: §
												10.1-1402 of the Code of
						Virginia
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 210 - REGULATION FOR DISPUTE RESOLUTION › Part II - General Provisions › Section 9VAC5-210-100 - Standards for and authority of neutral

Current through Register Vol. 40, No. 24, July 15, 2024
A. A neutral participating in a dispute
				  resolution procedure pursuant to this chapter shall comply with all provisions
				  of this section. A neutral shall indicate compliance by filing with the
				  director a signed, written statement as follows: "I agree to comply with
				  Virginia's statutes and regulations governing dispute resolution, including
				  § 10.1-1186.3 of the Code of Virginia and
				  9VAC5-210-10 et seq."
B. A neutral acting as a mediator shall
				  adhere to the Judicial Council of Virginia's Standards of Ethics and
				  Professional Responsibility for Certified Mediators, effective July 1, 2011,
				  and the standards and duty provisions of § 8.01-581.24 of the Code of
				  Virginia. A neutral conducting a nonmediation dispute resolution proceeding
				  shall adhere to the requirements of § 8.01-576.9 of the Code of
				  Virginia.
C. If a complaint is made
				  to the director that a neutral has failed to comply with all the provisions of
				  the applicable regulations, laws, and Judicial Council Standards during a
				  dispute resolution proceeding, the director shall notify the neutral of the
				  complaint and shall give the neutral 10 business days to respond in writing. If
				  the director deems the response unsatisfactory, or if no response is made by
				  the deadline, the director shall remove the neutral from the ongoing dispute
				  resolution process. The parties to the terminated dispute resolution procedure
				  shall decide whether to continue in the same dispute resolution procedure with
				  a new neutral , to begin a new dispute resolution procedure, or to forego
				  further dispute resolution.
D. The
				  recommendation of a neutral is not a case decision as defined in §
				  2.2-4001 of the Administrative Process Act and therefore may not be
				  appealed.
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 210 - REGULATION FOR DISPUTE RESOLUTION › Part II - General Provisions › Section 9VAC5-210-110 - Resumes of neutrals and descriptions of dispute resolution programs

Current through Register Vol. 40, No. 24, July 15, 2024
The department may maintain a file containing the resumes
					 of neutrals and descriptions of dispute resolution programs. The file shall
					 contain a disclaimer stating, "Inclusion of a resume or dispute resolution
					 program description in this file does not constitute an endorsement of a
					 neutral or a dispute resolution program, nor should negative implications be
					 drawn from the fact that a neutral's resume or a dispute resolution program
					 description is not included in this file. Parties are not obligated to choose a
					 neutral or dispute resolution program from those whose resumes and descriptions
					 are maintained in this file."
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 210 - REGULATION FOR DISPUTE RESOLUTION › Part II - General Provisions › Section 9VAC5-210-120 - Enforcement of written settlement agreement

Current through Register Vol. 40, No. 24, July 15, 2024
The board may incorporate the terms of the written
					 settlement agreement into decisions pertinent to the case.
Statutory Authority
§ 10.1-1186.3 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 210 - REGULATION FOR DISPUTE RESOLUTION › Part II - General Provisions › Section 9VAC5-210-130 - Referral of disputes to dispute resolution

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board, consistent with the provisions
				  of 9VAC5-210-40 G, may refer a dispute
				  to dispute resolution.
B. A party
				  other than the board may request dispute resolution by applying to the
				  director.
1. The application shall contain the
				  following:
a. A request for dispute
				  resolution, specifying mediation or another dispute resolution
				  procedure;
b. The names, postal
				  addresses, telephone numbers, email addresses, or other appropriate
				  communication addresses or numbers of all known parties to the dispute and of
				  their attorneys, if known; and
c. A
				  statement of issues and a summary of the basis for the dispute.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 210 - REGULATION FOR DISPUTE RESOLUTION › Part III - Mediation Procedures › Section 9VAC5-210-140 - Appointment of mediator

Current through Register Vol. 40, No. 24, July 15, 2024
A. If
				  the director has decided that mediation is appropriate, any party may nominate
				  a mediator.
B. If all parties agree
				  with the nomination, the director shall appoint that person the mediator for
				  the case and shall notify the parties accordingly.
C. If all parties do not agree with the
				  nomination, the following procedure shall apply:
1. By a date specified by the director, each
				  party shall name up to three mediators who would be acceptable to that party.
				  These mediators may or may not have resumes on file with the
				  department.
2. The director shall
				  compile a list of the names submitted and send it to the parties.
3. Upon receipt of the list, each party may
				  strike two names and return the list to the director within 14 business days
				  following the date on which the list was mailed.
4. On the next business day after the 14-day
				  period expires or as soon as practicable thereafter, the director shall appoint
				  a mediator from the remaining list of names and shall notify the parties
				  accordingly.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 210 - REGULATION FOR DISPUTE RESOLUTION › Part III - Mediation Procedures › Section 9VAC5-210-150 - Orientation session

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Once the mediator has been appointed, the board shall issue a referral to the
				  mediator and the parties. This referral shall include a list of the information
				  that the board, in its preliminary judgment, expects to use in making its final
				  decision regarding the case. This list shall contain the caveat that the board
				  may require other information as yet unspecified at some point in the future.
				  All parties shall attend one orientation session with the mediator unless
				  excused pursuant to subsection B of this section.
B. The board shall excuse a party from
				  participation in the orientation session if, within 14 business days after
				  issuance of the order of referral, a statement signed by the party is filed
				  with the board. This statement shall declare that the mediation process has
				  been explained to the party and that the party does not wish to participate in
				  the orientation session.
C. The
				  orientation session shall be conducted at any place within the Commonwealth of
				  Virginia, at any time, and on any date convenient to the mediator and the
				  parties.
D. At least seven business
				  days before the orientation session, each party shall provide the mediator with
				  a statement outlining his perspective on the facts and issues of the case. At
				  the discretion of the mediator, these statements may be mutually exchanged by
				  the parties.
E. During the
				  orientation session, the parties, assisted by the mediator, shall determine the
				  manner in which the issues in dispute shall be framed and addressed. In the
				  absence of agreement by the parties, the mediator shall make this
				  determination.
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 210 - REGULATION FOR DISPUTE RESOLUTION › Part III - Mediation Procedures › Section 9VAC5-210-160 - Continuation, termination, and resolution of mediation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Following the orientation session,
				  mediation shall proceed in any manner agreed on by the parties and the mediator
				  in conformance with the provisions of
				  9VAC5-210-50 through
				  9VAC5-210-80.
B. Mediation may be terminated through
				  written notice by the permit applicant or the director at any time before
				  settlement is reached.
C. Mediation
				  shall continue if a party other than the permit applicant or the director
				  chooses to opt out of mediation following the orientation session. A party who
				  chooses to opt out of mediation at any time following the orientation session
				  or who, through nonattendance, is conclusively deemed to have dropped out of
				  the dispute resolution procedure shall not be bound by any written settlement
				  agreement resulting from the mediation but shall be bound by the cost
				  provisions of
				  9VAC5-210-50 and the
				  confidentiality provisions of
				  9VAC5-210-80.
D. If the mediation is terminated before
				  settlement is reached, the parties shall resume the same status as before
				  mediation and may proceed with the formal adjudication as if mediation had not
				  taken place. The board shall not refer the case to mediation a second
				  time.
E. If the mediation results
				  in settlement, a written settlement agreement shall be signed and dated by each
				  party or by that party's authorized representative.
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 210 - REGULATION FOR DISPUTE RESOLUTION › Part III - Mediation Procedures › Section - DOCUMENTS INCORPORATED BY REFERENCE (9VAC5-210)

Current through Register Vol. 40, No. 24, July 15, 2024
Standards
					 of Ethics and Professional Responsibility for Certified Mediators, Office of
					 the Executive Secretary of the Supreme Court of Virginia, adopted by the
					 Judicial Council of Virginia, effective July 1, 2011
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 220 - VARIANCE FOR ROCKET MOTOR TEST OPERATIONS AT AEROJET ROCKETDYNE, INC. ORANGE COUNTY FACILITY › Section 9VAC5-220-10 - Applicability and designation of affected facility

Current through Register Vol. 40, No. 24, July 15, 2024
The affected facility to which the provisions of this chapter
				  apply is the Aerojet Rocketdyne, Inc. Orange County facility.
Statutory Authority: §§
											10.1-1307
					 and
					 10.1-1308 of the Code
					 of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 220 - VARIANCE FOR ROCKET MOTOR TEST OPERATIONS AT AEROJET ROCKETDYNE, INC. ORANGE COUNTY FACILITY › Section 9VAC5-220-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. For the purpose
				of this chapter or any associated orders issued by the board, the words or
				terms in subsection C of this section shall have the meanings given them in
				subsection C of this section.
B. As
				used in this chapter, all terms not defined in this section shall have the
				meanings given them 9VAC5-10 and 9VAC5-170-140, unless otherwise required by
				context.
C. Terms defined.
"Aerojet Rocketdyne, Inc." means the owner and operator of a
				  rocket motor test facility located at 7499 Pine Stake Road, Culpeper, Virginia,
				  known as the Orange County facility.
"EPA" means the U.S. Environmental Protection Agency.
"Facility" means the contiguous property at 7499 Pine Stake
				  Road, Culpeper, Virginia, owned and operated by Aerojet Rocketdyne, Inc. or its
				  successors in ownership and known as the Orange County facility.
"Order" means the order granting this variance.
"Rocket motor test operations" means static testing of solid
				  propellant rocket motors on a fixed test stand. Such tests are conducted for
				  the research, development, and production of rocket motors.
"Variance" means this chapter.
Statutory Authority: §§
											10.1-1307
					 and
					 10.1-1308 of the Code
					 of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 220 - VARIANCE FOR ROCKET MOTOR TEST OPERATIONS AT AEROJET ROCKETDYNE, INC. ORANGE COUNTY FACILITY › Section 9VAC5-220-30 - Applicability of standard for visible emissions and standard for particulate matter

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				standard for visible emissions in
				9VAC5-50-80 shall not apply to the
				rocket motor test operations at the facility.
B. No owner or other person shall cause or
				permit to be discharged into the atmosphere from the test rocket motor
				operations at the facility any particulate matter emissions in excess of 714
				pounds per hour.
C. Subsections A
				and B of this section do not apply to operations at the facility other than
				rocket motor test operations.
Statutory Authority
§ 10.1-1307C of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 220 - VARIANCE FOR ROCKET MOTOR TEST OPERATIONS AT AEROJET ROCKETDYNE, INC. ORANGE COUNTY FACILITY › Section 9VAC5-220-40 - Compliance determination, monitoring, recordkeeping, and reporting

Current through Register Vol. 40, No. 24, July 15, 2024
A. The owner shall
				monitor and record the time, date, and duration of each rocket motor test
				operation. The owner shall also monitor and record the quantities (specified in
				pounds) of solid propellant expended during each rocket motor test operation
				and shall calculate hourly totals of the quantities of propellant used in these
				operations.
B. The owner shall use
				a method acceptable to the board for calculating particulate matter emissions
				from the rocket motor test operations. Using this method and the hourly totals
				of the quantities of solid propellant expended, the owner shall calculate and
				record the hourly quantities (specified in pounds) of particulate matter
				emissions.
C. Using the information
				required in subsections A and B of this section, the owner shall calculate and
				record the hourly particulate matter emissions resulting from the rocket motor
				test operations to demonstrate compliance with the emission rate specified in
				9VAC5-220-30 B.
D. The provisions of
				9VAC5-50-40 and
				9VAC5-50-50 apply.
Statutory Authority
§ 10.1-1307C of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 220 - VARIANCE FOR ROCKET MOTOR TEST OPERATIONS AT AEROJET ROCKETDYNE, INC. ORANGE COUNTY FACILITY › Section 9VAC5-220-50 - Transfer of ownership

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				terms of this chapter are transferable to a new owner upon sale of the
				facility.
B. In the case of a
				transfer of ownership of the facility, the new owner shall comply with this
				chapter. The new owner shall notify the department of the change in ownership
				within 30 days of the transfer.
C.
				In the case of a name change of the facility, the owner shall comply with this
				chapter. The owner shall notify the department of the change in source name
				within 30 days of the name change.
Statutory Authority
§ 10.1-1307C of the Code of Virginia
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 220 - VARIANCE FOR ROCKET MOTOR TEST OPERATIONS AT AEROJET ROCKETDYNE, INC. ORANGE COUNTY FACILITY › Section 9VAC5-220-60 - Applicability of future regulation amendments

Current through Register Vol. 40, No. 24, July 15, 2024
Subsequent amendments to
				  9VAC5-50-80 shall not apply to
				  rocket motor test operations at the facility unless the board amends this
				  chapter to specifically address the applicability of the regulatory amendments
				  to those operations at the facility.
Statutory Authority
§ 10.1-1307C of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 221 - VARIANCE FOR ROCKET MOTOR TEST OPERATIONS AT ATLANTIC RESEARCH CORPORATION GAINESVILLE FACILITY [REPEALED] › Section 9VAC5-221-40

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority
§ 10.1-1307C of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 221 - VARIANCE FOR ROCKET MOTOR TEST OPERATIONS AT ATLANTIC RESEARCH CORPORATION GAINESVILLE FACILITY [REPEALED] › Section 9VAC5-221-50

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority
§ 10.1-1307C of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 221 - VARIANCE FOR ROCKET MOTOR TEST OPERATIONS AT ATLANTIC RESEARCH CORPORATION GAINESVILLE FACILITY [REPEALED] › Section 9VAC5-221-60

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority
§ 10.1-1307C of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 230 - VARIANCE FOR INTERNATIONAL PAPER FRANKLIN PAPER MILL › Section 9VAC5-230-10 - Applicability and designation of affected facility

Current through Register Vol. 40, No. 24, July 15, 2024
The affected facility to which the provisions of this
				  chapter apply is the International Paper Franklin Paper Mill.
Statutory Authority
§ 10.1-1307 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 230 - VARIANCE FOR INTERNATIONAL PAPER FRANKLIN PAPER MILL › Section 9VAC5-230-30 - Authority to operate under this chapter and FESOP

Current through Register Vol. 40, No. 24, July 15, 2024
A. International Paper may operate under the
				provisions of this chapter and the FESOP:
1.
				Provided that International Paper has not administratively appealed the FESOP
				or filed a notice of appeal for judicial review during the period within which
				such appeals must be filed; and
2.
				International Paper has (i) provided written notification to the department
				that it accepts and will operate under the provisions of this chapter and the
				FESOP and (ii) received written confirmation of receipt by the
				department.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 230 - VARIANCE FOR INTERNATIONAL PAPER FRANKLIN PAPER MILL › Section 9VAC5-230-40 - Sitewide emissions caps

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Except as provided in subsection B of this section, on or after the date that
				International Paper is granted authority to operate under the provisions of
				this chapter and the FESOP, no owner or other person shall cause or permit to
				be discharged into the atmosphere from the affected facility any emissions in
				excess of the sitewide emissions caps set forth in subdivisions 1 through 10 of
				this subsection.
1. For particulate matter
				(PM), the emissions cap shall be 1166 tpy.
2. For particulate matter
				(PM10), the emissions cap shall be 804 tpy.
3. For sulfur dioxide
				(SO2), the emissions cap shall be 7890 tpy.
4. For oxides of nitrogen
				(NOX), the emissions cap shall be 3000 tpy.
5. For carbon monoxide (CO), the emissions
				cap shall be 2568 tpy.
6. For
				volatile organic compounds (VOCs), the emissions cap shall be 1209
				tpy.
7. For total reduced sulfur
				(TRS), the emissions cap shall be 278 tpy.
8. For lead, the emissions cap shall be 0.135
				tpy.
9. For sulfuric acid mist
				(H2SO4), the emissions cap shall
				be 100 tpy.
10. For fluorides, the
				emissions cap shall be 20.4 tpy.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 230 - VARIANCE FOR INTERNATIONAL PAPER FRANKLIN PAPER MILL › Section 9VAC5-230-50 - New Source Review Program and registration requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. This section
				applies in lieu of certain regulatory requirements for the pollutants for which
				an emissions cap is established. This section is not intended to provide an
				alternate method of compliance for any future regulatory requirements,
				including those that are designed to address particulate matter with
				aerodynamic diameter less than or equal to a nominal 2.5 microns
				(PM2.5) or ozone or both.
B. For the pollutants for which an emissions
				cap is established, compliance with this chapter and the FESOP shall constitute
				compliance with the following provisions of the SAPCB regulations:
1. 9VAC5 Chapter 50, Part II, Article 4
				(9VAC5-50-240 et seq.).
2. 9VAC5 Chapter 80, Part II, Article 6
				(9VAC5-80-1100 et seq.).
3. 9VAC5 Chapter 80, Part II, Article 8
				(9VAC5-80-1700 et seq.).
4. 9VAC5 Chapter 80, Part II, Article 9
				(9VAC5-80-2000 et seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 230 - VARIANCE FOR INTERNATIONAL PAPER FRANKLIN PAPER MILL › Section 9VAC5-230-60 - Other regulatory requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Compliance with other regulations shall be
				as follows:
1. International Paper shall
				comply with the requirements of 40 CFR Part 63 except where alternative
				requirements have been established as provided in
				40 CFR
				63.99(a) (46) (iii) (69 FR
				19943, April 15, 2004), in which case International Paper shall comply with the
				permit terms and conditions setting forth the alternative
				requirements.
2. International
				Paper shall comply with all other regulations of the board except as provided
				in this chapter.
3. Compliance with
				this chapter and the terms and conditions of the FESOP shall not relieve
				International Paper of its obligation to comply with applicable local, state or
				federal laws and regulations not addressed in this chapter.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 230 - VARIANCE FOR INTERNATIONAL PAPER FRANKLIN PAPER MILL › Section 9VAC5-230-70 - Federal operating permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. International Paper shall be subject to
				the provisions of 9VAC5 Chapter 80, Part II, Article 1 (9VAC5-80-50 et seq.) except that
				the FESOP and documentation submitted in obtaining the FESOP are deemed
				sufficient for the permit application requirements pertaining to the applicable
				requirements in the FESOP. For applicable requirements outside of the FESOP,
				International Paper shall submit information on standard forms provided by the
				department, or in accordance with instructions accompanying those forms, or as
				otherwise acceptable to the department.
B. International Paper shall be subject to
				the provisions of 9VAC5 Chapter 80, Part II, Article 2 (9VAC5-80-310 et seq.) and shall
				provide the department with emissions inventory update information sufficient
				to allow the department to assess permit program fees.
Statutory Authority
§ 10.1-1307 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 230 - VARIANCE FOR INTERNATIONAL PAPER FRANKLIN PAPER MILL › Section 9VAC5-230-80 - FESOP issuance and amendments

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department may issue a FESOP under the
				provisions of Article 5 (9VAC5-80-800 et seq.) of Part II of
				9VAC5 Chapter 80 to implement the provisions of this chapter. The FESOP shall
				include terms and conditions concerning monitoring, recordkeeping and reporting
				as may be necessary to ensure compliance with the emissions caps and may
				include such other terms and conditions as the department may determine are
				necessary to implement the provisions of this chapter.
B. The department shall issue the initial
				FESOP in accordance with the procedures set forth in the order. The department
				shall amend the FESOP in accordance with the procedures set forth in
				subsections C through E of this section. The department shall specify within
				the FESOP the conditions under which the FESOP may be amended.
C. The department shall provide for public
				participation prior to issuing the FESOP. At a minimum, the department shall:
1. Make available for public inspection in at
				least one location in the area of the site the information submitted by
				International Paper, the department's analysis of the effect on air quality
				including the preliminary determination, and a copy or summary of any other
				materials considered in making the preliminary determination;
2. Notify the public, by advertisement in a
				newspaper of general circulation in the area of the site of the application, of
				the location of the information available for public inspection as specified in
				subdivision 1 of this subsection, and of the opportunity for comment at a
				public hearing as well as written public comment;
3. Provide a 30-day period for submittal of
				public comment;
4. Send a copy of
				the notice of public comment to the following: the EPA Administrator, through
				the appropriate regional office; any affected other state or local air
				pollution control agency; the chief executives of the city and county where the
				site is located; any state, federal land manager, or other governing body whose
				lands may be affected by emissions from the site; and
5. Provide opportunity for a public hearing
				for interested persons to appear and submit written or oral comments on the air
				quality impact of the site, the control technology required, and other
				appropriate considerations.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 230 - VARIANCE FOR INTERNATIONAL PAPER FRANKLIN PAPER MILL › Section 9VAC5-230-90 - Transfer of ownership

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				terms of this chapter and the FESOP are transferable to a new owner upon a
				change of ownership of the site in accordance with provisions specified by the
				FESOP.
B. In the case of a transfer
				of ownership of the site, the new owner shall comply with this chapter and the
				FESOP. The new owner shall notify the department of the change in ownership
				within 30 days of the transfer and shall request an administrative amendment to
				the FESOP as provided in
				9VAC5-230-80 F.
C. In the case of a name change of the site,
				the owner shall comply with this chapter and the FESOP. The owner shall notify
				the department of the change in source name within 30 days of the name change
				and shall request an administrative amendment to the FESOP as provided in
				9VAC5-230-80 F.
Statutory Authority
§ 10.1-1307 of the Code of Virginia.