Agencies | Governor
Virginia Regulatory Town Hall
Agency
Department of Environmental Quality
Board
Air Pollution Control Board
chapter
Regulation for General Administration [9 VAC 5 ‑ 170]
This action is exempt from the executive branch review process.
Action:
General Administration - Conflict of Interest (Rev. F14)
 
General Information
Action Summary Section 110(a)(2)(E)(ii) of the federal Clean Air Act requires that each applicable state implementation plan (SIP) provide requirements that the state comply with the requirements respecting state boards under § 128 of the Act. Subdivision (a)(1) of § 128 requires that each SIP contain requirements that any board or body that approves permits or enforcement orders under the Act shall have at least a majority of members who represent the public interest and do not derive any significant portion of their income from persons subject to permits or enforcement orders under the Act. In Virginia, this is addressed in Code of Virginia § 10.1-1302, which states that no person appointed to the board shall be employed by persons subject to permits or enforcement orders of the board or receive a significant portion of his income, whether directly or indirectly, from persons subject to permits or enforcement orders of the board. Subdivision (a)(2) of § 128 requires that any potential conflicts of interest by members of such board or body or the head of an executive agency with similar powers be adequately disclosed. With respect to subdivision (a)(2), the director of the Virginia Department of Environmental Quality issues air permits (§ 10.1-1322 and 9VAC5-170-180), and the State Air Pollution Control Board may issue a permit under § 10.1-1322.01. The authority to issue enforcement orders resides with the board (§ 10.1-1307 D) and the department director (§ 10.1-1307.3 and 9VAC5-170-180). Because there are no provisions in Virginia code or the board's regulations that directly address § 128(a)(2), the Virginia SIP must be amended to incorporate the requirements of § 128(a)(2); the mechanism for accomplishing this is through the Regulation for General Administration, which covers general administrative actions.
Chapters Affected Only affects this chapter.
Exempt from APA Yes, this action is exempt from the Administrative Process Act. The normal executive branch review process is not required.
Exempt Citation: 2.2-4406 A 4 c
RIS Project Yes  [004088]
Note This action is not intended to satisfy the requirement that an entire regulation be reviewed every 4 years.
 
Stages
Stages associated with this regulatory action.
Stage ID Stage Type Status
7060 Final Stage complete. This regulation became effective on 11/19/2014.
 
Contact Information
Name / Title: Karen G. Sabasteanski 
Address: 1111 East Main Street, Suite 1400
P.O. Box 1105
Richmond, VA 23218
Email Address: karen.sabasteanski@deq.virginia.gov
Phone: (804)698-4426    FAX: (804)698-4510    TDD: ()-

This person is the primary contact for this chapter.