NOTICES OF INTENDED REGULATORY ACTION
Vol. 37 Iss. 19 - May 10, 2021

TITLE 9. ENVIRONMENT
Permits for Stationary Sources
Notice of Intended Regulatory Action

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.

VA.R. Doc. No. R21-6537; Filed April 08, 2021
TITLE 9. ENVIRONMENT
Regulation for General Administration
Notice of Intended Regulatory Action

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.

VA.R. Doc. No. R21-6537; Filed April 08, 2021
TITLE 16. LABOR AND EMPLOYMENT
Heat Illness Prevention Standard
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Safety and Health Codes Board intends to consider promulgating 16VAC25-210, Heat Illness Prevention Standard. The purpose of the proposed action is to reduce or eliminate employee injuries, illnesses, and fatalities by considering adoption of a comprehensive regulation to address employee exposure to heat illness hazards during indoor and outdoor work activities in all industries under the jurisdiction of the Virginia State Plan for occupational safety and health. Goals of the regulation include (i) identifying methods to reduce or eliminate heat illness hazards and (ii) educating employees and employers about heat-related illness external risk factors, heat-related illness internal risk factors, medical conditions that can contribute to heat illness, symptoms of heat-related illness, and precautions to take to reduce or eliminate heat illness hazards.

A review of existing federal and state regulations, national consensus standards, and guidelines designed to protect employees from heat illness hazards will be conducted. The proposed regulation will address indoor and outdoor heat illness hazards experienced by similarly situated employees in all industries covered by the Virginia Occupational Safety and Health jurisdiction.

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

Statutory Authority: § 40.1-22 of the Code of Virginia; Occupational Safety and Health Act of 1970 (P.L. 91-596)

Public Comment Deadline: June 9, 2021.

Agency Contact: Jay Withrow, Director, Legal Support, Department of Labor and Industry, Main Street Centre, 600 East Main Street, Suite 207, Richmond, VA 23219, telephone (804) 786-9873, FAX (804) 786-8418, or email jay.withrow@doli.virginia.gov.

VA.R. Doc. No. R21-6753; Filed April 12, 2021