Action:
Develop parameters for implementing the site suitability criteria/factors of state law for permits and variances (Rev. G20)
[Withdrawn 12/2/2022]
Reason for Withdrawal
This regulatory action was started because of certain issues with § 10.1-1307 E of the Code of Virginia, which were subsequently addressed by the General Assembly in Chapter 356 of the 2022 Acts of Assembly. This regulatory action is no longer needed.
General Information
| Action Summary |
Code of Virginia § 10.1-1307 E of the State Air Pollution Control Law provides that the board in making regulations and 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. Currently, this criterion is examined on a case-by-case basis, however, it would provide clarity for the regulated community and the public to set forth the parameters the board and the agency will use to implement this criterion in the context of air permitting. The intent of this action is to consider amending the regulations of the board to provide greater detail as to how the requirements of § 10.1-1307 E are to be met, with the goal of greater consistency, clarity, and effectiveness of the site suitability determination process. |
| Chapters Affected |
| |
VAC |
Chapter Name |
Action Type |
| Primary |
9 VAC 5-80 |
Permits for Stationary Sources |
Amend Existing Regulation
|
| Other chapters |
| |
9 VAC 5 - 170 |
Regulation for General Administration |
|
|
| Executive Branch Review |
This action will go through the normal Executive Branch Review process.
|
| RIS Project |
Yes [006537] |
|
Is Federal action a driving factor in this regulatory change? If so, please provide a specific reference to the law, regulation
or court case.
No
|
| New Periodic Review |
This action will not be used to conduct a new periodic review.
|
Stages
Stages associated with this regulatory action.
| Stage ID |
Stage Type |
Status |
|
9094
|
NOIRA
|
Stage withdrawn on 12/02/2022 after the comment period had ended. |
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)659-1973
FAX: (804)698-4510
TDD: ()-
|
This person is the primary contact for this chapter.
Agencies | Governor
