Virginia Regulatory Town Hall
Department of Environmental Quality
Air Pollution Control Board
Permits for Stationary Sources [9 VAC 5 ‑ 80]
Develop parameters for implementing the site suitability criteria/factors of state law for permits and variances (Rev. G20)
Action 5624
[Withdrawn 12/2/2022]
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.
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
9094 NOIRA Stage withdrawn on 12/02/2022 after the comment period had ended.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:
Phone: (804)659-1973    FAX: ()-    TDD: ()-

This person is the primary contact for this chapter.