Vol. 33 Iss. 10 - January 09, 2017

Chapter 80
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Air Pollution Control Board intends to consider amending 9VAC5-80, Permits for Stationary Sources (Rev. K16). Title V of the 1990 Clean Air Act requires that states develop permit fee programs to pay for all of the direct and indirect costs of the state's Title V Permit Program. Virginia's Title V Permit Program is projected to become underfunded in fiscal year (FY) 2018 because air emission fee revenue is decreasing and because the fee schedule does not reflect actual costs of the program. The intent of this regulatory action is to comply with state and federal requirements to fully fund Virginia's Title V Permit Program. The goal of this proposed action is to increase Title V fees enough to fully fund the Title V program, to restructure the existing Title V fee schedule to better reflect actual costs of the program, and to make other amendments determined to be necessary including clarification of the regulatory text.

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; §§ 110, 112, 165, 173, 182, and Title V of the federal Clean Air Act; 40 CFR Parts 51, 61, 63, 63, 70, and 72.

Public Comment Deadline: February 8, 2017.

Agency Contact: Gary E. Graham, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4103, or email

VA.R. Doc. No. R17-4981; Filed December 16, 2016, 6:42 p.m.