reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 160 - Regulation for General Conformity › Part III - Criteria and Procedures for Making Conformity Determinations › Section 9VAC5-160-130 - Reporting requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				  federal agency making a conformity determination under
				  9VAC5-160-120 through
				  9VAC5-160-180 and
				  9VAC5-160-182 through
				  9VAC5-160-184 shall provide to the
				  appropriate EPA regional office or offices, department and local air quality
				  agencies, any federally recognized Indian tribal government in the
				  nonattainment or maintenance area and, where applicable, affected federal land
				  managers, the lead planning organization, and the metropolitan planning
				  organization, a 30-day notice that describes the proposed action and the
				  federal agency's draft conformity determination on the action. If the action
				  has multi-regional or national impacts (e.g., the action will cause emission
				  increases in excess of the de minimis levels identified in
				  9VAC5-160-30 E in three or more EPA
				  regions), the federal agency, as an alternative to sending it to EPA regional
				  offices, may provide the notice to EPA's Office of Air Quality Planning and
				  Standards.
B. A federal agency
				  shall notify the appropriate EPA regional office or offices, department and
				  local air quality agencies, any federally recognized Indian tribal government
				  in the nonattainment or maintenance area and, where applicable, affected
				  federal land managers, the lead planning organization, and the metropolitan
				  planning organization within 30 days after making a final conformity
				  determination under
				  9VAC5-160-160.
C. The draft and final conformity
				  determination shall exclude any restricted information or confidential business
				  information. The disclosure of restricted information and confidential business
				  information shall be controlled by the applicable laws, regulations, security
				  manuals, or executive orders concerning the use, access, and release of such
				  materials. Subject to applicable procedures to protect restricted information
				  from public disclosure, any information or materials excluded from the draft or
				  final conformity determination or supporting materials may be made available in
				  a restricted information annex to the determination for review by federal and
				  department representatives who have received appropriate clearances to review
				  the information.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 160 - Regulation for General Conformity › Part III - Criteria and Procedures for Making Conformity Determinations › Section 9VAC5-160-140 - Public participation

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Upon request by any person regarding a specific federal action, a federal
				  agency shall make available, subject to the limitation in subsection E of this
				  section, for review its draft conformity determination under
				  9VAC5-160-160 with supporting
				  materials that describe the analytical methods and conclusions relied upon in
				  making the applicability analysis and draft conformity determination.
B. A federal agency shall make public its
				  draft conformity determination under
				  9VAC5-160-160 by placing a notice
				  by prominent advertisement in a daily newspaper of general circulation in the
				  area affected by the action and by providing 30 days for written public comment
				  prior to taking any formal action on the draft determination. This comment
				  period may be concurrent with any other public involvement such as occurs in
				  the NEPA process. If the action has multi-regional or national impacts (e.g.,
				  the action will cause emission increases in excess of the de minimis levels
				  identified in
				  9VAC5-160-30 E in three or more EPA
				  regions), the federal agency, as an alternative to publishing separate notices,
				  may publish a notice in the Federal Register.
C. A federal agency shall document its
				  response to all the comments received on its draft conformity determination
				  under 9VAC5-160-160 and make the comments
				  and responses available, subject to the limitation in subsection E of this
				  section, upon request by any person regarding a specific federal action, within
				  30 days of the final conformity determination.
D. A federal agency shall make public its
				  final conformity determination under
				  9VAC5-160-160 for a federal action
				  by placing a notice by prominent advertisement in a daily newspaper of general
				  circulation in the area affected by the action within 30 days of the final
				  conformity determination. If the action would have multi-regional or national
				  impacts, the federal agency, as an alternative, may publish the notice in the
				  Federal Register.
E. The draft and
				  final conformity determination shall exclude any restricted information or
				  confidential business information. The disclosure of restricted information and
				  confidential business information shall be controlled by the applicable laws,
				  regulations, or executive orders concerning the release of such
				  materials.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 160 - Regulation for General Conformity › Part III - Criteria and Procedures for Making Conformity Determinations › Section 9VAC5-160-150 - Reevaluation of conformity

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Once a conformity determination is completed by a federal agency, that
				  determination is not required to be reevaluated if the agency has maintained a
				  continuous program to implement the action, the determination has not lapsed as
				  specified in subsection B of this section, or any modification to the action
				  does not result in an increase in emissions above the levels specified in
				  9VAC5-160-30 B. If a conformity
				  determination is not required for the action at the time NEPA analysis is
				  completed, the date of the finding of no significant impact for an
				  environmental assessment, a record of decision for an environmental impact
				  statement, or a categorical exclusion determination may be used as a substitute
				  date for the conformity determination date.
B. The conformity status of a federal action
				  automatically lapses five years from the date a final conformity determination
				  is reported under
				  9VAC5-160-130, unless the federal
				  action has been completed or a continuous program to implement the federal
				  action has commenced.
C. Ongoing
				  federal activities at a given site showing continuous progress are not new
				  actions and do not require periodic redeterminations so long as such activities
				  are within the scope of the final conformity determination reported under
				  9VAC5-160-130.
D. If the federal agency originally
				  determined through the applicability analysis that a conformity determination
				  was not necessary because the emissions for the action were below the limits in
				  9VAC5-160-30 B and changes to the
				  action would result in the total emissions from the action being above the
				  limits in 9VAC5-160-30 B, then the federal
				  agency shall make a conformity determination.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 160 - Regulation for General Conformity › Part III - Criteria and Procedures for Making Conformity Determinations › Section 9VAC5-160-170 - Procedures for conformity determinations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The analyses required under this section
				  shall be based on the latest planning assumptions.
1. All planning assumptions (including, but
				  not limited to, per capita water and sewer use, vehicle miles traveled per
				  capita or per household, trip generation per household, vehicle occupancy,
				  household size, vehicle fleet mix, vehicle ownership, wood stoves per
				  household, and the geographic distribution of population growth) shall be
				  derived from the estimates of current and future population, employment,
				  travel, and congestion most recently approved by the metropolitan planning
				  organization or other agency authorized to make the estimates, where available.
				  The conformity determination shall also be based on the latest assumptions
				  about current and future background concentrations and other federal
				  actions.
2. Any revisions to these
				  estimates used as part of the conformity determination, including projected
				  shifts in geographic location or level of population, employment, travel, and
				  congestion shall be approved by the metropolitan planning organization or other
				  agency authorized to make the estimates for the urban area.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 160 - Regulation for General Conformity › Part III - Criteria and Procedures for Making Conformity Determinations › Section 9VAC5-160-180 - Mitigation of air quality impacts

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any measures that are intended to mitigate
				  air quality impacts shall be identified (including the identification and
				  quantification of all emission reductions claimed) and the process for
				  implementation (including any necessary funding of the measures and tracking of
				  the emission reductions) and enforcement of the measures shall be described,
				  including an implementation schedule containing explicit timelines for
				  implementation.
B. Prior to
				  determining that a federal action is in conformity, the federal agency making
				  the conformity determination shall obtain written commitments from the
				  appropriate persons or agencies to implement any mitigation measures which are
				  identified as conditions for making conformity decisions. The written
				  commitment shall describe the mitigation measures and the nature of the
				  commitment, in a manner consistent with subsection A of this section.
C. Persons or agencies voluntarily committing
				  to mitigation measures to facilitate positive conformity determinations shall
				  comply with the obligations of the commitments.
D. In instances where the federal agency is
				  licensing, permitting, or otherwise approving the action of another
				  governmental or private entity, approval by the federal agency shall be
				  conditioned on the other entity meeting the mitigation measures set forth in
				  the conformity determination as provided in subsection A of this
				  section.
E. When necessary because
				  of changed circumstances, mitigation measures may be modified so long as the
				  new mitigation measures continue to support the conformity determination. Any
				  proposed change in the mitigation measures is subject to the reporting
				  requirements of
				  9VAC5-160-130 and the public
				  participation requirements of
				  9VAC5-160-140.
F. Written comments to mitigation measures
				  shall be obtained prior to a positive conformity determination, and such
				  commitments shall be fulfilled.
G.
				  After EPA approves this regulation, any agreements, including mitigation
				  measures, necessary for a conformity determination shall be both state and
				  federally enforceable. Enforceability through the applicable implementation
				  plan shall apply to all persons who agree to mitigate direct and indirect
				  emissions associated with a federal action for a conformity
				  determination.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 160 - Regulation for General Conformity › Part III - Criteria and Procedures for Making Conformity Determinations › Section 9VAC5-160-181 - Conformity evaluation for federal installations with facility-wide emission budgets

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  department may, in cooperation with federal agencies or third parties
				  authorized by the agency that operate installations subject to federal
				  oversight, develop and adopt a facility-wide emission budget to be used for
				  demonstrating conformity under
				  9VAC5-160-160 A 1. The
				  facility-wide budget shall meet the following criteria:
1. Be for a set time period;
2. Cover the pollutants or precursors of the
				  pollutants for which the area is designated nonattainment or
				  maintenance;
3. Include specific
				  quantities allowed to be emitted on an annual or seasonal basis;
4. The emissions from the facility along with
				  all other emissions in the area will not exceed the emission budget for the
				  area;
5. Include specific measures
				  to ensure compliance with the budget, such as periodic reporting requirements
				  or compliance demonstration, when the federal agency is taking an action that
				  would otherwise require a conformity determination;
6. Be submitted to EPA as a revision to the
				  applicable implementation plan; and
7. The revision to the applicable
				  implementation plan shall be approved by EPA.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 160 - Regulation for General Conformity › Part III - Criteria and Procedures for Making Conformity Determinations › Section 9VAC5-160-182 - Emissions beyond the time period covered by the applicable implementation plan

Current through Register Vol. 40, No. 24, July 15, 2024
If a federal action would result in total direct and
					 indirect emissions above the applicable thresholds that would be emitted beyond
					 the time period covered by the applicable implementation plan, the federal
					 agency may (i) demonstrate conformity with the last emission budget in the
					 applicable implementation plan or (ii) request the Commonwealth of Virginia to
					 adopt an emissions budget for the action for inclusion in the applicable
					 implementation plan. The Commonwealth of Virginia will submit a revision of the
					 applicable implementation plan to EPA within 18 months either including the
					 emissions in the existing implementation plan or establishing an enforceable
					 commitment to include the emissions in future revisions to the applicable
					 implementation plan based on the latest planning assumptions at the time of the
					 revision to the applicable implementation plan. No such commitment by the
					 Commonwealth of Virginia shall restrict the Commonwealth of Virginia's ability
					 to require RACT, RACM, or any other control measures within the Commonwealth of
					 Virginia's authority to ensure timely attainment of the national ambient air
					 quality standards.
Statutory Authority
§ 10.1-1308 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 160 - Regulation for General Conformity › Part III - Criteria and Procedures for Making Conformity Determinations › Section 9VAC5-160-183 - Timing of offsets and mitigation measures

Current through Register Vol. 40, No. 24, July 15, 2024
A. The emissions reductions from an offset or
				  mitigation measure used to demonstrate conformity shall occur during the same
				  calendar year as the emission increases from the action except as provided in
				  subsection B of this section.
B.
				  The department may approve emissions reductions in other years provided:
1. The reductions are greater than the
				  emission increases by the following ratios:
Extreme nonattainment areas:
1.5:1
Severe nonattainment areas:
1.3:1
Serious nonattainment areas:
1.2:1
Moderate nonattainment areas:
1.15:1
All other areas:
1.1:1
2.
				  The time period for completing the emissions reductions shall not exceed twice
				  the period of the emissions.
3. The
				  offset or mitigation measure with emissions reductions in another year shall
				  not:
a. Cause or contribute to a new violation
				  of any air quality standard;
b.
				  Increase the frequency or severity of any existing violation of any air quality
				  standard; or
c. Delay the timely
				  attainment of any standard or any interim emissions reductions or other
				  milestones in any area.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 160 - Regulation for General Conformity › Part III - Criteria and Procedures for Making Conformity Determinations › Section 9VAC5-160-184 - Inter-precursor mitigation measures and offsets

Current through Register Vol. 40, No. 24, July 15, 2024
Federal agencies shall reduce the same type of pollutant as
					 being increased by the federal action except the department may approve offsets
					 or mitigation measures of different precursors of the same criteria pollutant,
					 if such trades are allowed by the Commonwealth of Virginia in 9VAC5-80 (Permits
					 for Stationary Sources) as approved in the applicable implementation plan, are
					 technically justified, and have a demonstrated environmental
					 benefit.
Statutory Authority
§ 10.1-1308 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 160 - Regulation for General Conformity › Part III - Criteria and Procedures for Making Conformity Determinations › Section 9VAC5-160-185 - Early emission reduction credit programs at federal facilities and installation subject to federal oversight

Current through Register Vol. 40, No. 24, July 15, 2024
A. Federal facilities and installations
				  subject to federal oversight may, with the approval of the department, create
				  an early emissions reductions credit program. The federal agency may create the
				  emission reduction credits in accordance with the requirements in subsection B
				  of this section and use them in accordance with subsection C of this
				  section.
B. Creation of emission
				  reduction credits shall be accomplished as follows:
1. Emissions reductions shall be quantifiable
				  through the use of standard emission factors or measurement techniques. If
				  nonstandard factors or techniques to quantify the emissions reductions are
				  used, the federal agency shall receive approval from the department and from
				  the EPA regional office. The emission reduction credits do not have to be
				  quantified before the reduction strategy is implemented, but shall be
				  quantified before the credits are used in the general conformity
				  evaluation.
2. The emission
				  reduction methods shall be consistent with the applicable implementation plan
				  attainment and reasonable further progress demonstrations.
3. The emissions reductions shall not be
				  required by or credited to other applicable implementation plan
				  provisions.
4. Both the department
				  and federal air quality agencies shall be able to take legal action to ensure
				  continued implementation of the emission reduction strategy. In addition,
				  private citizens shall also be able to initiate action to ensure compliance
				  with the control requirement.
5.
				  The emissions reductions shall be permanent or the timeframe for the reductions
				  shall be specified.
6. The federal
				  agency shall document the emissions reductions and provide a copy of the
				  document to the department and the EPA regional office for review. The
				  documentation shall include a detailed description of the emission reduction
				  strategy and a discussion of how it meets the requirements of subdivisions 1
				  through 5 of this subsection.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 160 - Regulation for General Conformity › Part III - Criteria and Procedures for Making Conformity Determinations › Section 9VAC5-160-190 - Savings provision

Current through Register Vol. 40, No. 24, July 15, 2024
The requirements of 40 CFR Part 93 to demonstrate
					 conformity required under § 176(c) of the federal Clean Air Act apply to
					 all federal actions in designated nonattainment and maintenance areas where EPA
					 has not approved this regulation. When EPA approves this regulation in a
					 revision to the Commonwealth of Virginia applicable implementation plan, a
					 conformity evaluation is governed by the approved or approved portion of this
					 regulation. The regulations contained in 40 CFR Part 93 apply only for the
					 portions, if any, of the 40 CFR Part 93 requirements not contained in the
					 provisions of this regulation approved by EPA. In addition, any previously
					 applicable implementation plan requirements shall remain enforceable until EPA
					 approves the revision to the Commonwealth of Virginia's applicable
					 implementation plan to specifically include the revised requirements or remove
					 requirements.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 160 - Regulation for General Conformity › Part III - Criteria and Procedures for Making Conformity Determinations › Section - DOCUMENTS INCORPORATED BY REFERENCE (9VAC5-160)

Current through Register Vol. 40, No. 24, July 15, 2024
Compilation of Air Pollutant Emission Factors, Volume I:
					 Stationary Point and Area Sources, AP-42, Fifth Edition, January 1995, stock
					 number 055-000-00500-1; Supplement A, stock number 055-000-00551-6, February
					 1996; Supplement B, stock number 055-000-00565, November 1996; Supplement C,
					 stock number 055-000-00587-7, November 1997; Supplement D, August 1998;
					 Supplement E, September 1999; Supplement F, September 2000; U.S. Environmental
					 Protection Agency, Office of Air Quality Planning and Standards, Office of Air
					 and Radiation, Research Triangle Park, NC 27711 (
http://www.epa.gov/ttn/chief/ap42/
).
Interim
					 Air Quality Policy on Wildland and Prescribed Fires, April 23, 1998, U.S.
					 Environmental Protection Agency, Office of Air and Radiation, Research Triangle
					 Park, NC 27711
.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 170 - REGULATION FOR GENERAL ADMINISTRATION › Part I - Definitions › Section 9VAC5-170-10 - 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 department, the words or terms shall have
				  the meanings given them in
				  9VAC5-170-20.
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 by recognized
				  authorities.
Statutory Authority: § 10.1-1308 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 170 - REGULATION FOR GENERAL ADMINISTRATION › Part II - General Provisions › Section 9VAC5-170-30 - 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 in 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 department to take
				  appropriate action as necessary to control and abate air pollution in emergency
				  situations.
Statutory Authority: § 10.1-1308 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 170 - REGULATION FOR GENERAL ADMINISTRATION › Part II - General Provisions › Section 9VAC5-170-40 - Hearings and proceedings

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Four types of proceedings are used in the administration of the following
				  programs.
1. A public hearing is held in each
				  of two situations, as explained below.
a. A
				  public hearing is required before considering regulations in accordance with
				  § 10.1-1308 of the Virginia Air Pollution Control Law. The procedure for a
				  public hearing shall conform to § 2.2-4007.01 B of the Administrative
				  Process Act, except as modified by §§ 10.1-1307 F and 10.1-1308 of
				  the Virginia Air Pollution Control Law, and to 9VAC5-5 (Public Participation
				  Guidelines).
b. A public hearing is
				  required before considering variances and amendments to and revocation of
				  variances in accordance with § 10.1-1307 C of the Virginia Air Pollution
				  Control Law. The procedure for a public hearing shall conform to §
				  10.1-1307 C of the Virginia Air Pollution Control Law and to the provisions of
				  9VAC5-170-140.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 170 - REGULATION FOR GENERAL ADMINISTRATION › Part II - General Provisions › Section 9VAC5-170-50 - Policy and procedural information and guidance

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  director may adopt detailed policies and procedures which:
1. Request data and information in addition
				  to and in amplification of the provisions of the regulations of the
				  board;
2. Specify the methods and
				  means that may be used to determine compliance with applicable provisions of
				  the regulations of the board;
3.
				  Set forth the format by which all data and information should be submitted;
				  and
4. Set forth how the regulatory
				  programs should be implemented.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 170 - REGULATION FOR GENERAL ADMINISTRATION › Part II - General Provisions › Section 9VAC5-170-60 - Availability of information

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Emission data in the possession of the department shall be available to the
				  public without exception.
B. Other
				  records, reports, or information in the possession of the department shall be
				  available to the public with the following exception. The department shall
				  consider records, reports, or information confidential in accordance with
				  §§ 10.1-1314 and 10.1-1314.1 of the Virginia Air Pollution Control
				  Law upon a showing satisfactory to the department by an owner that records,
				  reports, or information meet the criteria in subsection C of this section and
				  the owner provides a certification to that effect signed by a responsible
				  representative of the owner. Records, reports or information may be disclosed,
				  however, to other officers, employees or authorized representatives of the
				  Commonwealth of Virginia and the U.S. Environmental Protection Agency concerned
				  with carrying out the provisions of the Virginia Air Pollution Control Law and
				  the federal Clean Air Act.
C. In
				  order to be exempt from disclosure to the public under subsection B of this
				  section, the record, report or information must satisfy the following criteria:
1. Information for which the owner has been
				  taking and will continue to take measures to protect confidentiality;
2. 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;
3. Information which is not publicly
				  available from sources other than the owner; and
4. Information the disclosure of which would
				  cause substantial harm to the owner.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 170 - REGULATION FOR GENERAL ADMINISTRATION › Part III - Regulations and Orders › Section 9VAC5-170-80 - Establishment of regulations and orders

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Regulations of the board shall be adopted, amended or repealed in accordance
				  with the provisions of the enabling laws, Articles 1 (§ 2.2-4000 et seq.)
				  and 2 (§ 2.2-4006 et seq.) of the Administrative Process Act, and 9VAC5-5
				  (Public Participation Guidelines).
B. Regulations, amendments, and repeals shall
				  become effective as provided in § 2.2-4015 of the Administrative Process
				  Act.
C. If necessary in an
				  emergency situation, the board may adopt, amend or stay a regulation as an
				  exclusion under § 2.2-4011 of the Administrative Process Act, but the
				  regulation shall remain effective no longer than one year unless readopted
				  following the requirements of subsection A of this section. The provisions of
				  this subsection are not applicable to emergency special orders of the
				  department; these orders are subject to the provisions of subsection E of this
				  section.
D. The Administrative
				  Process Act and Virginia Register Act provide that state regulations may
				  incorporate documents by reference. Throughout the regulations of the board,
				  documents of the types specified below have been incorporated by reference.
1. United States Code.
2. Code of Virginia.
3. Code of Federal Regulations.
4. Federal Register.
5. Technical and scientific reference
				  documents.
Additional information on specific documents which have
					 been incorporated by reference and on the availability of these documents may
					 be found in the specific regulations of the board which incorporate the
					 documents.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 170 - REGULATION FOR GENERAL ADMINISTRATION › Part V - Enforcement › Section 9VAC5-170-120 - Enforcement of regulations, permits, and orders

Current through Register Vol. 40, No. 24, July 15, 2024
A. As
				  provided in § 10.1-1186(10) of the Code of Virginia, the director has
				  independent authority to compel compliance with the Virginia Air Pollution
				  Control Law, regulations of the board, permits, certifications, and case
				  decisions. However, whenever the director has reason to believe that a
				  violation of any provision of the regulations of the board or a permit or order
				  has occurred, he may serve notice on the suspected violator, citing the
				  applicable provision of the regulations of the board, permit, or order and the
				  facts on which the suspected violation is based. The director may obtain
				  compliance through one of the enforcement proceedings provided in subdivisions
				  1 and 2 of this subsection.
1. The director
				  may obtain compliance through administrative means. These means may be a
				  variance, order, special order, control program, consent agreement, or another
				  mechanism that requires compliance by a specific date. The means and the
				  associated date shall be determined on a case-by-case basis and shall not allow
				  an unreasonable delay in compliance.
2. The director may obtain compliance through
				  legal means pursuant to § 10.1-1307.3, § 10.1-1316, or §
				  10.1-1320 of the Virginia Air Pollution Control Law.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 170 - REGULATION FOR GENERAL ADMINISTRATION › Part V - Enforcement › Section 9VAC5-170-130 - Right of entry

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Whenever it is necessary for the purposes of the regulations of the board, the
				  department or an agent authorized by the department may at reasonable times
				  enter an establishment or upon property, public or private, for the purpose of
				  obtaining information or conducting surveys or investigation as authorized by
				  § 10.1-1315 or 46.2-1187.1 of the Code of Virginia.
B. Upon the procurement of an inspection
				  warrant signed by a judge of the circuit court whose territorial jurisdiction
				  encompasses the property or premises to be inspected or entered, the department
				  or an agent authorized by the department may enter any property or premises and
				  conduct any inspection, testing, or collection of samples for testing required
				  or authorized by state law or regulation in connection with the manufacturing,
				  emitting, or presence of a toxic substance, as authorized by § 19.2-393 et
				  seq. of the Code of Virginia.
Statutory Authority: § 10.1-1308 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 170 - REGULATION FOR GENERAL ADMINISTRATION › Part VI - Variances, Ordinances, and Approvals › Section 9VAC5-170-150 - Local ordinances

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Local ordinances shall be established and approved as follows:
1. The governing body of any locality
				  proposing to adopt an ordinance, or an amendment to an existing ordinance,
				  relating to air pollution shall first obtain the approval of the department as
				  to the provisions of the ordinance or amendment. Except for an ordinance or
				  amendment pertaining solely to open burning, the department shall not approve
				  an ordinance or amendment which regulates an emission source that is required
				  to register with the department or to obtain a permit pursuant to Virginia Air
				  Pollution Control Law and the regulations of the board. The department in
				  approving local ordinances will consider, but will not be limited to, the
				  following criteria:
a. The local ordinance
				  shall provide for intergovernmental cooperation and exchange of
				  information.
b. Adequate local
				  resources will be committed to enforcing the proposed local
				  ordinance.
c. The provisions of the
				  local ordinance shall be as strict as state regulations, except as provided for
				  leaf burning in § 10.1-1308 of the Virginia Air Pollution Control
				  Law.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 170 - REGULATION FOR GENERAL ADMINISTRATION › Part VI - Variances, Ordinances, and Approvals › Section 9VAC5-170-160 - Conditions on approvals

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  department may impose conditions upon permits and other approvals which may be
				  necessary to carry out the policy of the Virginia Air Pollution Control Law,
				  and which are consistent with the regulations of the board. Except as otherwise
				  specified, nothing in this chapter shall be understood to limit the power of
				  the department in this regard. If the owner or other person fails to adhere to
				  the conditions, the department may automatically cancel the permit or
				  approvals. This section shall apply, but not be limited, to approval of
				  variances, approval of control programs, and granting of permits.
B. An owner may consider a condition imposed
				  by the department as a denial of the requested approval or permit, which shall
				  entitle the applicant to appeal the decision of the department pursuant to
				  9VAC5-170-200.
Statutory Authority: § 10.1-1308 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 170 - REGULATION FOR GENERAL ADMINISTRATION › Part VI - Variances, Ordinances, and Approvals › Section 9VAC5-170-170 - Considerations for approval actions

Current through Register Vol. 40, No. 24, July 15, 2024
Pursuant to the provisions of § 10.1-1307 E of the
					 Virginia Air Pollution Control Law, the board in making regulations and the
					 department in approving variances, control programs, or permits, shall consider
					 facts and circumstances relevant to the reasonableness of the activity involved
					 and the regulations proposed to control it, including:
1. The character and degree of injury to, or
				  interference with safety, health, or the reasonable use of property which is
				  caused or threatened to be caused;
2. The social and economic value of the
				  activity involved;
3. The
				  suitability of the activity to the area in which it is located, except that
				  consideration of this factor shall be satisfied if the local governing body of
				  a locality in which a facility or activity is proposed has resolved that the
				  location and operation of the proposed facility or activity is suitable to the
				  area in which it is located; and
4.
				  The scientific and economic practicality of reducing or eliminating the
				  discharge resulting from the activity.
Statutory Authority: § 10.1-1308 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 170 - REGULATION FOR GENERAL ADMINISTRATION › Part VII - Delegation of Authority (Repealed) › Section 9VAC5-170-180

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 10.1-1308 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 170 - REGULATION FOR GENERAL ADMINISTRATION › Part VIII - Appeal of Department Actions › Section 9VAC5-170-190 - General provisions

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Except as provided in subsections B and C of this section, this part applies to
				  the appeal of case decisions and other actions or inactions of the
				  department.
B. The provisions of
				  this part do not apply to the appeal of the promulgation of regulations or
				  variances. Appeals of the promulgation of regulations and variances shall be
				  pursued under Article 4 (§ 2.2-4026 et seq.) of the Administrative Process
				  Act.
C. The provisions of this part
				  do not apply to permit actions subject to Part I (9VAC5-80-5 et seq.)
				  of 9VAC5-80 with respect to any party except the named party.
Statutory Authority: § 10.1-1308 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 170 - REGULATION FOR GENERAL ADMINISTRATION › Part VIII - Appeal of Department Actions › Section 9VAC5-170-200 - Appeal procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. An
				  owner or other party significantly affected by an action of the department
				  taken without a formal hearing, or by inaction of the department, may request a
				  formal hearing in accordance with § 2.2-4020 of the Administrative Process
				  Act, provided a petition requesting a formal hearing is filed with the
				  department. In cases involving actions of the department, the petition shall be
				  filed within 30 days after notice of the action is mailed, by postal or
				  electronic delivery, or delivered to the owner or party requesting notification
				  of the action.
B. Prior to a formal
				  hearing, an informal fact finding shall be held pursuant to § 2.2-4019 of
				  the Administrative Process Act unless waived by the named party and the
				  department.
C. A decision of the
				  department resulting from a formal hearing shall constitute the final decision
				  of the department.
D. Judicial
				  review of a final decision of the department shall be afforded in accordance
				  with § 10.1-1318 of the Virginia Air Pollution Control Law and §
				  2.2-4026 of the Administrative Process Act.
E. Nothing in this section shall prevent
				  disposition of a case by consent.
F. A petition for a formal hearing or a
				  notice or petition for an appeal by itself shall not constitute a stay of
				  decision or action. A stay of decision shall be sought through appropriate
				  legal channels.
G. The director has
				  final authority to adjudicate contested decisions of subordinates delegated
				  powers by the director prior to appeal of decisions to the circuit
				  court.
Statutory Authority: § 10.1-1308 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 170 - REGULATION FOR GENERAL ADMINISTRATION › Part IX - Conflict of Interest › Section 9VAC5-170-210 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Pursuant to § 128(a)(2) of the federal Clean Air Act, the director, in the
				  director's capacity of approving permits or enforcement orders, shall
				  adequately disclose any potential conflicts of interest. Such disclosure shall
				  be made annually through the applicable disclosure forms set forth in §
				  2.2-3117 or 2.2-3118 of the State and Local Conflict of Interests Act (Chapter
				  31 (§ 2.2-3100 et seq.) of Title 2.2 of the Code of Virginia) as required
				  in § 2.2-3114 of the State and Local Conflict of Interests Act. All terms
				  used in the disclosure forms shall have the meaning as set forth in the State
				  and Local Conflict of Interests Act.
B. Conduct concerning personal interest in
				  transactions shall be governed by § 2.2-3112 of the State and Local
				  Conflict of Interests Act. All terms used regarding personal interest in
				  transactions shall have the meaning as set forth in the State and Local
				  Conflict of Interests Act.
Statutory Authority: § 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 9VAC5-190-10 - 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 Merck Stonewall Plant.
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 9VAC5-190-20 - 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 shall have the meanings given them in subsection C of this
				section.
B. As used in this
				chapter, all terms not defined herein shall have the meanings given them in
				9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless
				otherwise required by context.
C.
				Terms defined.
"Code" means the Code of Virginia.
"DEQ" means the Department of Environmental Quality, an
				  agency of the Commonwealth described in § 10.1-1183 of the Code of
				  Virginia.
"Emissions caps" means the sitewide limitations on the rate
				  of emissions of criteria pollutants established and identified as emissions
				  caps in 9VAC5-190-30.
"EPA" means the United States Environmental Protection
				  Agency.
"Merck" means Merck & Co., Inc., a New Jersey
				  corporation authorized to conduct business in Virginia and the owner/operator
				  of a plant (the Stonewall Plant) located at Route 340 South in Elkton,
				  Virginia.
"Order" means the order granting this variance.
"PM10" means particulate matter with
				  an aerodynamic diameter less than or equal to a nominal 10 micrometers as
				  measured by the applicable reference method or an equivalent method.
"PSD permit" means the Prevention of Significant
				  Deterioration permit issued to Merck and Co., Inc., Stonewall Plant, pursuant
				  to the order.
"Regional director" means the Director of the Valley
				  Regional Office of the Department of Environmental Quality located in
				  Harrisonburg, Virginia.
"SAPCB regulations" means 9VAC5 Chapters 10 through
				  80.
"Site," "facility" and "Stonewall Plant" mean the contiguous
				  property at Route 340 South, Elkton, Virginia, under common control by Merck
				  & Co., Inc., and its successors in ownership.
"VAC" or "9 VAC" means Title 9 of the Virginia
				  Administrative Code. This title comprises the environmental regulations for the
				  Commonwealth of Virginia, including the regulations of the State Air Pollution
				  Control Board.
"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 190 - VARIANCE FOR MERCK STONEWALL PLANT › Section 9VAC5-190-30 - Sitewide emissions caps

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				On or after the date that Merck provides written notification to the DEQ that
				it accepts and will operate under the provisions of this chapter and Sections
				1, 3 and 4 of the PSD permit, 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 following sitewide emissions caps:
The total criteria pollutant emissions cap (total emissions
				  cap) shall be 1,503 tons per year (tpy). The criteria pollutants included in
				  the cap are as follows: ozone (using volatile organic compounds (VOCs) as
				  surrogate), sulfur dioxide (SO2), particulate matter
				  (PM10), carbon monoxide (CO), and oxides of nitrogen
				  (NOX). The emissions caps for individual criteria
				  pollutants shall be as follows:
1. For
				SO2, the emissions cap shall be 719 tpy.
2. For PM10, the
				emissions cap shall be 42 tpy.
3.
				For NOX, the emissions cap shall be 291 tpy.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 190 - VARIANCE FOR MERCK STONEWALL PLANT › Section 9VAC5-190-40 - Major new source review permitting and registration requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. This section
				applies in lieu of regulatory requirements for the following pollutants: ozone
				(using volatile organic compounds as surrogate), sulfur dioxide, particulate
				matter, particulate matter (PM10), carbon monoxide, and
				oxides of nitrogen. This section is not intended to provide an alternate method
				of compliance for any future regulatory requirements designed to address
				particulate matter with aerodynamic diameter less than or equal to a nominal
				2.5 microns (PM2.5).
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:
9VAC5-20-160.
Article 4 (9VAC5-50-240 et seq.)
				  of Part II of 9VAC5 Chapter 50.
Article 8 (9VAC5-80-1700 et seq.)
				  of Part II of 9VAC5 Chapter 80.
Article 9 (9VAC5-80-2000 et seq.)
				  of Part II of 9VAC5 Chapter 80.
Statutory Authority
§§ 10.1-1307 and 10.1-1308 of the Code of
					 Virginia.