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 promulgating the following regulations: 9VAC5-520, General Permit for Qualified Energy Generator. The purpose of the proposed action is to develop a general permit with terms and conditions as may be necessary to form the legally enforceable basis for the implementation of all regulatory and statutory requirements applicable to emissions units that meet the requirements of a qualified energy generator as defined in § 10.1-1308.1 of the Code of Virginia. Such sources generate no more than five megawatts of electricity, or produce the equivalent amount of energy in the form of fuel, steam, or other energy product. Energy is generated or produced from biomass and is sold to an unrelated person or used in a manufacturing process.

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

Statutory Authority: § 10.1-1308.1 of the Code of Virginia; § 110(a) of the Clean Air Act; 40 CFR Part 51.

Public Comments: Public comments may be submitted until 5 p.m. on April 29, 2009.

Agency Contact: Mary E. Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4510, or email memajor@deq.virginia.gov.