Virginia Regulatory Town Hall
Department of Environmental Quality
Air Pollution Control Board
Permits for Stationary Sources [9 VAC 5 ‑ 80]
Action is Exempt from Article 2 of the Administrative Process Act
Permit Actions Before the Board (Rev. G08)
Action 2884
General Information
Action Summary Chapter 276, 2008 Acts of Assembly, created § 10.1-1322.01, Permits; procedures for public hearings and permits before the board. It allows for additional opportunity for public comment and board review of permitting actions. The new procedures set forth in §10.1-1322.01 have been placed into Part I of Chapter 80. The new legislation addresses two issues: (i) where there is only a public comment period prior to the permit decision, and (ii) where there is a federal or state mandate to hold a hearing prior to the permitting decision. Both of these issues are addressed in a single narrative in §10.1-1322.01. In order to ensure clear and consistent implementation, this provision has been split into separate sections: 9VAC5-80-25 and 9VAC5-80-35. In the air permit program, a public hearing is required by either federal or state regulation for all major and certain minor new source review permits. On the other hand, operating permits have no mandate for a hearing; however, there is the opportunity to request one during the public comment period. In each of the articles in Chapter 80 that cover the various permit programs, provisions are included from the law that tell the public what to do to request a hearing or board consideration, with a cross-reference to the appropriate provisions of Part I. The articles affected are those discussed in the summary of existing regulations above. Chapter 170 has been revised to remove provisions related to board involvement in permitting decisions, which are now covered in Chapter 80 as appropriate to meet the requirements of the new legislation.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: Section 2.2-4006 A 4 a of the Code of Virginia
RIS Project Yes  [001364]
Associated Mandates
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
4891 Final Stage complete. This regulation became effective on 12/31/2008.
Contact Information
Name / Title: Cindy M. Berndt 
Address: 629 East Main Street
P.O. Box 1105
Richmond, VA 23218
Email Address:
Phone: (804)698-4378    FAX: (804)698-4346    TDD: ()-