The State Air Pollution Control Board is considering the adoption of regulations to reduce emissions of mercury in the Commonwealth.  A regulation is a general rule governing people's rights or conduct that is upheld by a state agency.  The regulations of the board affected by this regulatory action are as follows: Part V (Virginia Mercury Control Program) of 9 VAC 5-140 and Part VII (Virginia Mercury Compliance Program for Nonattainment Areas) of 9 VAC 5-140.

            The board is seeking comments through the Department of Environmental Quality (DEQ) on (i) the proposals, (ii) the costs and benefits of the proposals, and (iii) impacts of the proposals on small businesses as defined in § 2.2-4007.1 of the Code of Virginia.  The public comment period begins February 19, 2007 and ends on March 21, 2007.

            The regulatory proposals were developed in response to the requirements that address mercury emissions from electric generating units as set forth in the 2006 Acts of Assembly (Chapters 867 and 920).  The 2006 legislation contains specific mandates and requirements as to the substance of regulations the Board must adopt for the purpose of controlling emissions of mercury (Hg).  The new proposals will consist of adding two new parts for the control of Hg emissions from coal fired electric steam generating units (EGUs) to 9 VAC 5 Chapter 140 as follows:

• A state-specific rule (Part V to 9 VAC 5-140) authorized under § 10.1-1328 D of the State Code that (i) addresses Hg reductions to meet Virginia's environmental needs and (ii) is not to be submitted to EPA.
• A state nonattainment area rule (Part VII to 9 VAC 5-140) authorized under § 10.1-1328 F of the State Code that (i) addresses Hg compliance obligations in nonattainment areas and (ii) will not be submitted to EPA.

            The purpose of the proposal is to establish provisions that will serve as a means of preventing emissions that may be detrimental to the public health and/or welfare and Virginia's environment.  The proposal is being made to create an enforceable mechanism to assure that, collectively, all affected EGUs will not emit mercury in such quantities as to cause, or contribute to, any adverse environmental impact for the years 2010 and thereafter.

            With regard to the state-specific rule, there is no locality which will bear any identified disproportionate material air quality impact due to the proposal which would not be experienced by other localities.  With regard to the state nonattainment area rule, the localities which will bear an identified disproportionate material air quality impact due to the proposal which would not be experienced by other localities are the localities identified in 9 VAC 5-20-204 as nonattainment for any pollutant.

            The DEQ accepts written comments by e-mail, facsimile transmission and postal mail.  In order to be considered, written comments must include the full name, address and telephone number of the person commenting and be received by DEQ by 5:00 p.m. on the last day of the comment period.  Due to problems with the quality of facsimile transmissions, commenters are encouraged to provide the signed original by postal mail within one week.  All testimony, exhibits and documents received are part of the public record.

            After comments have been considered, the board will make the final decision. Citizens that submit statements during the comment period may address the board members during the board meeting at which a final decision is made on the proposal.

            The proposed state rules (Parts V and VII to 9 VAC 5-140) and the 2006 legislation are available on the DEQ Air Public Notices for Regulations web site (http://www.deq.virginia.gov/air/permitting/regnotes.htm).  The documents may also be obtained by contacting the DEQ representative named below.  The public may review the documents between 8:30 a.m. and 4:30 p.m. of each business day until the close of the public comment period at the DEQ Main Street Office, 8th Floor, 629 E. Main Street, Richmond, Virginia, (804) 698-4070.