Thank you for the opportunity to comment on APG-578, “Sudden and Reasonably Unforeseeable Events in the Context of Planned Electric Outages.” I serve as an elected local official in Prince William County, one of the jurisdictions most directly affected by the rapid expansion of large energy-intensive facilities and clustered backup generation in Northern Virginia.

I appreciate DEQ’s effort to clarify the meaning of “sudden and reasonably unforeseeable events” in relation to planned electric outages that are beyond the control of a facility operator. However, as drafted, I am concerned that the guidance may unintentionally normalize the use of Tier II diesel generators during planned, foreseeable grid work rather than driving a transition to cleaner technologies.

1. Do not loosen standards for Tier II generators during planned outages with notice.

In the guidance, DEQ rightly distinguishes between Tier 4 (and Tier 4-equivalent) generators and typical emergency or portable diesel units, which are generally Tier 2 and lack advanced pollution controls. The document also acknowledges DEQ’s statutory obligation to “maintain and improve air quality” and the need to “incentivize the regulated community to make the transition to the use of Tier 4 or Tier 4-equivalent generators or other cleaner technologies.”

I urge DEQ to make that principle operative in the guidance itself by:

• Making clear that, where a facility receives advance notice of a planned outage from a utility, Tier II generators should not be treated as the default or routine solution.

• Affirming that Tier II generators may operate only in truly unforeseen emergency conditions, consistent with their original regulatory intent, and not as a convenience option when there is reasonable notice and time to secure cleaner alternatives (portable nonroad units, Tier 4/Tier 4-equivalent, or other lower-emission technologies).

In other words, “planned” outages that are scheduled in advance should not generally be treated as “sudden and reasonably unforeseeable” for purposes of allowing Tier II generator operation, except in genuinely extraordinary circumstances that are narrowly defined and rigorously documented.

2. Pair the guidance with a proactive, statewide transition framework for cleaner backup power.

The guidance recognizes that Tier 4 and Tier 4-equivalent generators are “environmentally cleaner” than typical emergency or portable diesel units and says DEQ “strongly encourages” both new and existing sources to install or upgrade to these cleaner technologies whenever possible.

I encourage DEQ to go further and commit to a concrete incentive and transition framework, developed in partnership with:

• Industry and major generators (including data centers, hospitals, and other large campuses),

• The General Assembly,

• Local governments,

• Vendors and finance partners, and

• Public health and environmental stakeholders.

Such a framework could include, for example, targeted grants or financing tools, tax or fee incentives, and permitting advantages for facilities that accelerate replacement of Tier II units with Tier IV, Tier IV-equivalent, or even cleaner backup solutions. Over time, this would steadily shrink the number of Tier II units in the Commonwealth and ensure that backup generation is aligned with Virginia’s long-term air quality and climate goals.

From a local government perspective, loosening the functional restrictions on Tier II units under the guise of “refinement” sends the wrong signal. It risks locking in higher-emitting equipment in communities that are already hosting a disproportionate share of these facilities, instead of using this moment to clearly signal a transition pathway to cleaner technology.

3. Pause final adoption until the transition framework and community dialogue are in place.

Finally, I respectfully request that DEQ:

• Postpone finalizing and ratifying APG-578 until a basic outline of the Tier II-to-Tier IV (or cleaner) transition and incentive framework described above is developed and publicly vetted; and

• Hold at least one moderated, in-person listening session or hearing in the communities most affected by clustered generator use - such as parts of Northern Virginia - so that residents, local governments, and facility operators can speak directly to DEQ about health, reliability, and implementation concerns.

I do not support a blanket prohibition on backup generation or on economic development. Facilities that rely on the grid, including data centers and other large campuses, are now integral to our regional and national economies. But when thousands of diesel backup units are concentrated near homes, schools, and sensitive receptors, it is essential that state guidance move us toward cleaner, less polluting technologies—not toward greater reliance on Tier II diesel during foreseeable events.

With modest revisions and the addition of a real transition framework, this guidance can both provide regulatory clarity and tangibly improve air quality outcomes for Virginians. I appreciate DEQ’s consideration of these comments and stand ready, as a local elected official, to work collaboratively with the agency, the General Assembly, and industry on a responsible path forward.