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 revisions to EPA as a revision to the SIP in accordance with the requirements of § 110(a) of the federal Clean Air Act.
Regulations affected: The regulations affected by this action are as follows: Emission Standards For Asphalt Paving Operations (Article 39), Emission Standards for Portable Fuel Container Spillage (Article 42), Emission Standards for Architectural and Industrial Maintenance Coatings (Article 49), and Emission Standards for Consumer Products (Article 50) of 9VAC5-40 (Existing Stationary Sources).
Purpose of notice: DEQ is seeking comment on the issue of whether the regulation amendments (repeals of the above-listed articles) should be submitted as a revision to the SIP; i.e., whether reference to the repealed articles should be removed from the SIP.
Public comment period: February 25 to March 27, 2013.
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: Because the regulation amendments have been adopted by the board in accordance with the Administrative Process Act and have subsequently become effective, 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of proposal: This revision consists of removing Articles 39, 42, 49 and 50 of 9VAC5-40 from the SIP because they were repealed in their entirety. These articles were repealed because they have been replaced by corresponding articles in 9VAC5-45 (Consumer and Commercial Products), which contains updated provisions for controlling emissions from asphalt paving operations, portable fuel containers, architectural and industrial maintenance coatings, and consumer products. The provisions of 9VAC5-45 were not affected by the repeal of these regulations. There is therefore no longer a need for reference to the repealed regulations in Virginia's SIP.
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. 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. All materials received are part of the public record.
To review regulation documents: The proposal and a supporting document are available on the DEQ Air Public Notices for Plans web site (http://www.deq.state.va.us/Programs/Air/PublicNotices/airplansandprograms.aspx). 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.
|Name / Title:||Karen G. Sabasteanski|
629 East Main Street
P.O. Box 1105
|Telephone:||(804)698-4426 FAX: (804)698-4510 TDD: (804)698-4021|