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Virginia Regulatory Town Hall
Department of Environmental Quality
Air Pollution Control Board

General Notice
General Notice - State Implementation Plan Revision - Commercial/Industrial/Solid Waste Incinerators (Revision F16)
Date Posted: 10/20/2016
Expiration Date: 12/15/2016
Submitted to Registrar for publication: YES
No comment forum defined for this notice.

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's § 111(d)/129 plan for commercial/industrial solid waste incinerators (CISWIs). A § 111(d)/129 plan is developed by the Commonwealth in order to fulfill its responsibilities under the federal Clean Air Act to implement and enforce emissions guidelines for solid waste incineration units. The Commonwealth intends to submit the plan to the U.S. Environmental Protection Agency (EPA) in accordance with the requirements of the federal Clean Air Act.

Regulations affected: The regulations of the board affected by this action are as follows: Documents Incorporated by Reference, 9VAC5-20-21 of 9VAC5-20 (General Provisions); and Emission Standards for Commercial/Industrial/Solid Waste Incinerators, Article 45 (9VAC5-40-6250 et seq.) of 9VAC5-40 (Existing Stationary Sources), Revision F16.

Purpose of notice: DEQ is seeking comment on the overall plan, and on the issue of whether any regulations or inventory information included in the plan should be submitted to EPA as part of the plan.

Public comment period: November 14, 2016 to December 15, 2016.

Public hearing: A public hearing will be held in eighth floor conference room, Department of Environmental Quality, 629 East Main Street, Richmond, Virginia, at 10:00 a.m. on December 14, 2016, to accept comments concerning the proposed plan. Using the procedures explained below, DEQ will also accept written comments through December 15, 2016.

Public comment stage: The public comment period and hearing are being conducted to satisfy the public participation requirements of federal regulations of 40 CFR 60.23(c) and (d). The regulations included in this plan have been adopted by the State Air Pollution Control Board in accordance with the Code of Virginia and with public participation as required by the Code of Virginia, the federal Clean Air Act, and the Code of Federal Regulations. Because the regulations have been adopted, DEQ is accepting comment only on the issues cited above and not on the content of the regulations.

Description of proposal: EPA amended the designated pollutant emission guidelines for CISWIs on June 23, 2016 (81 FR 40956). In order to implement the guidelines, it was necessary for Virginia to amend the state regulation (Rule 4-45) containing the federal provisions, and to update the most current version of 40 CFR Part 60 listed in 9VAC5-20-21, documents incorporated by reference. In addition to affected regulations, the proposed plan revision contains an updated inventory of affected facilities.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations and not any provision of state law. The proposal will be submitted as a § 111(d)/129 plan revision under §§ 111(d) and 129 of the federal Clean Air Act in accordance with 40 CFR 60.23(c) and (d). It is planned to submit all provisions of the proposal as a Commonwealth of Virginia § 111(d)/129 plan with the exception of state-only enforceable provisions, which are specifically identified in the plan.

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. Both oral and written comments are accepted at the public hearing. DEQ prefers that comments be provided in writing, along with any supporting documents or exhibits. All materials received are part of the public record.

To review plan documents: The proposal is available on the DEQ Air Public Notices for Plans web site:

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 DEQ Main Street Office, 8th Floor, 629 E Main St, Richmond VA, 804-698-4070.

Contact Information
Name / Title: Karen G. Sabasteanski 
Address: 629 East Main Street
P.O. Box 1105
Richmond, 23218
Email Address:
Telephone: (804)698-4426    FAX: (804)698-4510    TDD: ()-