Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Air Pollution Control Board intends to consider amending 9VAC5-80, Permits for Stationary Sources, and 9VAC5-170, Regulation for General Administration. The purpose of the proposed action is to provide greater detail as to how the site suitability requirements of § 10.1-1307 E of the Code of Virginia will be carried out in the permitting process. Section 10.1-1307 E provides that the board in making regulations and in approving variances, control programs, or permits shall consider facts and circumstances relevant to the reasonableness of the activity involved and the regulations proposed to control it. Currently, these criteria are examined on a case-by-case basis, however, setting forth the parameters the board and the agency will use to implement these criteria in the context of air permitting will provide clarity for the regulated community and the public. The intent of this action is to consider amending the regulations to provide greater detail as to how the requirements of § 10.1-1307 E are to be met, with the goal of greater consistency, clarity, and effectiveness of the site suitability determination process.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 10.1-1308 of the Code of Virginia; Clean Air Act §§ 110, 112, 165, 173, 182 and Title V; 40 CFR Parts 51, 61, 63, 70, and 72.

Public Comment Deadline: July 9, 2021.

Agency Contact: Karen G. Sabasteanski, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4426, or email karen.sabasteanski@deq.virginia.gov.