Department of Environmental Quality
Air Pollution Control Board
Public Participation Guidelines
[9 VAC 5 ‑ 5]
Periodic Review of this Chapter
Includes a Small Business Impact Review
Date Filed: 10/31/2012
Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2.-4017 of the Code of Virginia, the Department of Environmental Quality on behalf of the State Air Pollution Control Board will conduct a periodic review of 9VAC5-5, Public Participation Guidelines. The review of this regulation will be guided by the principles in Executive Order No. 14 (2010), Development and Review of Regulations Proposed by State Agencies (see: http://www.governor.virginia.gov/PolicyOffice/ExecutiveOrders/viewEO.cfm?eo=14 ) and §2.2-4007.1 of the Administrative Process Act (see: http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+2.2-4007.1).
The purpose of the review is to determine whether the regulations should be terminated, amended or retained in their current form. The Department and the Board are seeking public comments on the review of any issue relating to the regulations including whether: (i) the regulations are effective in achieving their goals; (ii) the regulations are essential to protect the health, safety or welfare of citizens or for the economical performance of important governmental functions; (iii) there are available alternatives for achieving the purpose of the regulations; (iv) there are less burdensome and less intrusive alternatives for achieving the purpose of the regulations; and, (v) the regulations are clearly written and easily understandable by the affected persons. In addition, the Department and the Board are seeking public comments on ways to minimize the economic impact on small businesses in a manner consistent with the purpose of the regulations. The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the State Air Pollution Control Board. Section 2.2-4007.02 of the Administrative Process Act (Chapter 40 of Title 2.2 of the Code of Virginia) requires that any agency required to adopt regulations must adopt public participation guidelines and requires that these regulations be promulgated and specify certain requirements that are to be included as part of these regulations. These regulations are designed with the least possible costs and intrusiveness to the citizens and businesses of the Commonwealth and to provide the necessary procedures and rules by which the statute may be administered.
The comment period begins November 19, 2012 and ends on December 10, 2012. Comments may be submitted to Debra A. Harris, Planning and Policy Specialist, Office of Regulatory Affairs, Department of Environmental Quality, Post Office Box 1105, Richmond, Virginia 23218 (deliveries can be made to 629 East Main Street, Richmond, Virginia 23219), phone 804-698-4209, fax 804-698-4346, or email to Debra. Harris@deq.virginia.gov. Alternatively, comments may be submitted online to the Virginia Regulatory Town Hall at: http://townhall.virginia.gov/L/Forums.cfm. Please note, comments must include the commenter's name and address (physical or email) in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.
Publication Information and Public Comment Period
Published in the Virginia Register on 11/19/2012
begins on the publication date and ends on 12/10/2012
Comments Received: 0
Retain the regulation with no changes
Attorney General Certification
Prior to early 2014, AG periodic review certifications were done off-line