Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed revision to the Commonwealth of Virginia State Implementation Plan (SIP). The SIP is a plan developed by the Commonwealth in order to fulfill its responsibilities under the federal Clean Air Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Act. The Commonwealth intends to submit the regulation or a portion thereof to the EPA as a revision to the SIP in accordance with the requirements of § 110(a) of the federal Clean Air Act.
Regulations affected: The regulation of the board affected by this action is the Regulation for Emissions Trading, CAIR Nonattainment Area Requirements, Parts II, III and IV of 9VAC5 Chapter 140.
Purpose of notice: DEQ is seeking comment on the issue of whether the regulation amendments should be submitted as a revision to the SIP.
Public comment period: January 31, 2011 to March 3, 2011.
Public hearing: A public hearing may be conducted if a request is made in writing to the contact listed below. In order to be considered, the request must include the full name, address and telephone number of the person requesting the hearing and be received by DEQ by the last day of the comment period. Notice of the date, time, and location of any requested public hearing will be announced in a separate notice, and another 30-day comment period will be conducted.
Public comment stage: The regulation amendments are exempt from the state administrative procedures for adoption of regulations contained in Article 2 of the Administrative Process Act by the provisions of § 2.2-4006 A 4 a and § 2.2-4006 4 b of the Administrative Process Act because they are necessary to conform to Virginia statutory law and are necessary to conform to an order of the court. Since the amendments are exempt from administrative procedures for the adoption of regulations, DEQ is accepting comment only on the issue cited above under "purpose of notice" and not on the content of the regulation amendments.
Description of proposal: In essence, the proposed revision will consist of amendments to existing regulation provisions concerning emissions trading in order to implement the requirements of both court and legislative action. On February 25, 2010, a final decision of the Court of Appeals of Virginia vacated the nonattainment provisions in both the NOX Annual Trading Program (Part II of 9VAC5-140-1061) and the NOX Ozone Season Trading Program (Part III of 9VAC5-140-2061).
In addition, the 2010 Acts of the Assembly amended §10.1-1328 A 5 of the Code of Virginia in such a way that the nonattainment provisions of the SO2 Annual Trading Program are no longer consistent with the Code of Virginia, and therefore, must also be repealed. The major provisions of the proposal are to delete the following provisions:
1. 9VAC5-140-1061 and 9VAC5-140-1062 (9VAC5-140, Part II - NOX Annual Trading Program).
2. 9VAC5-140-2061 and 9VAC5-140-2062 (9VAC5-140, Part III - NOX Ozone Season Trading Program).
3. 9VAC5-140-3061 and 9VAC5-140-3062 (9VAC5-140, Part IV - SO2 Annual Trading Program).
Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102) and not any provision of state law. Except as noted below, the proposal will be submitted as a revision to the Commonwealth of Virginia SIP under § 110(a) of the federal Clean Air Act in accordance with 40 CFR 51.104. It is planned to submit all provisions of the proposal as a revision to the Commonwealth of Virginia SIP.
How to comment: DEQ accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address and telephone number of the person commenting and be received by DEQ by the last day of the comment period. Commenters submitting faxes 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.
To review regulation documents:
The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans web site (http://www.deq.state.va.us/air/permitting/planotes.html
). The documents may also be obtained by contacting the DEQ representative named below. The public may review the documents between 8:30 am and 4:30 pm of each business day until the close of the public comment period at the following DEQ locations: 1) Main Street Office, 8th Floor, 629 E Main St, Richmond VA, 804-698-4070, 2) Southwest Regional Office, 355 Deadmore St, Abingdon VA, 540-676-4800, 3) Blue Ridge Regional Office, Roanoke Location, 3019 Peters Creek Rd, Roanoke VA, 540-562-6700, 4) Blue Ridge Regional Office, Lynchburg Location, 7705 Timberlake Rd, Lynchburg VA, 804-582-5120, 5) Valley Regional Office, 4411 Early Rd, Harrisonburg VA, 540-574-7800, 6) Piedmont Regional Office, 4949-A Cox Rd, Glen Allen VA, 804-527-5020, 7) Northern Regional Office, 13901 Crown Court, Woodbridge VA, 703-583-3800, and 8) Tidewater Regional Office, 5636 Southern Blvd, Virginia Beach VA, 757-518-2000.