12/6/2013 1:44 pm Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
Virginia Register Publication Information
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Transmittal Sheet: Response to Petition for Rulemaking
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Initial Agency Notice
Agency Decision
Promulgating Board: | Air Pollution Control Board |
Regulatory Coordinator: | Cindy Berndt (804)698-4378 cindy.berndt@deq.virginia.gov |
Agency Contact: | Karen G. Sabasteanski (804)698-4426 karen.sabasteanski@deq.virginia.gov |
Contact Address: | Department of Environmental Quality 629 East Main Street P.O. Box 1105 Richmond, VA 23218 |
Chapter Affected: | |
9 vac 5 - 80: | Permits for Stationary Sources |
Statutory Authority: |
State: Section 10.1-1308 of the Code of Virginia Federal: Clean Air Act (Sections 110, 112, 165, 173, 182 and Title V) 40 Code of Federal Regulations, Parts 51, 61, 63, 63, 70 and 72 |
Date Petition Received | 12/06/2013 |
Petitioner | Virginia Manufacturers Association |
The petitioner is requesting the board to amend Article 8, Permits for Major Stationary
Sources and Major Modifications Locating in Prevention of Significant Deterioration
Areas (9VAC5-80-1605 et seq.) and Article 9, Permits for Major Stationary Sources
and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region
(9VAC5-80-2000 et seq.) of Part II of 9VAC5-80 (Permits for Stationary Sources) as
follows:
1. Amend the definition of "baseline actual emissions" in 9VAC5-80-1615 C and 9VAC5-80-2010
C and make any other regulatory changes necessary to make the Virginia regulation
conform with the federal definition. This would allow VMA members and other facility
owners in Virginia to use a 10-year lookback period, thus making the Virginia regulations
no more stringent than federally required.
2. Amend subdivision b 4 of the definition of "baseline actual emissions" in 9VAC5-80-1615
C and 9VAC5-80-2010 C, amend 9VAC5-80-1865 E and 9VAC5-80-2144 E, and make any other
regulatory changes necessary to make the Virginia regulation conform with the federal
definition. This would allow VMA members and other facility owners in Virginia to
use different lookback periods for different regulated NSR pollutants, thus making
the Virginia regulations no more stringent than federally required.
3. Amend 9VAC5-80-1615 C, 9VAC5-80-1685 C 1 f, 9VAC5-80-2010 C and 9VAC5-80-2144
C 1 f, and make any other regulatory changes necessary to make the Virginia regulation
conform with the federal definition. This would allow VMA members and other facility
owners in Virginia to obtain PALs for 10 years, rather than only 5 years, thus making
the Virginia regulations no more stringent than federally required.
4. Amend the definition of "emissions unit" and add a definition of "replacement
unit" in 9VAC5-80-1615 C and 9VAC5-80-2010 C, and make any other regulatory changes
necessary to make the Virginia regulation conform with the federal definition. This
would allow VMA members and other facility owners in Virginia to use the baseline
actual emissions of the unit being replaced and the projected actual emissions of
the replacement unit, thus making the Virginia regulations no more stringent than
federally required.
Agency Plan
Notice of the petition will appear in the Virginia Register of Regulations on December
30, 2013. The public comment period will begin on December 30, 2013 and end on January
29, 2014, during which written comments will be accepted. At the first available
board meeting following the end of the comment period, the department will present
the petition and a summary of comments to the board for it to make a decision on whether
to grant the petition request or deny the petition request. The board must make a
final decision within 90 days after the end of the comment period. Should there be
no board meeting scheduled during this 90 day period, the board's decision must be
made at the first available board meeting and forwarded to the Registrar for publication
in the Virginia Register within 14 days of the board meeting.
Publication Date | 12/30/2013 (comment period will also begin on this date) |
Comment End Date | 01/29/2014 |