TITLE 1. ADMINISTRATION
DEPARTMENT OF GENERAL SERVICES
Final Regulation
REGISTRAR'S NOTICE: The following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant to Chapter 321 of the 2008 Acts of Assembly.
Titles of Regulations: 1VAC30-10. Public Participation Guidelines (repealing 1VAC30-10-10 through 1VAC30-10-70).
1VAC30-11. Public Participation Guidelines (adding 1VAC30-11-10 through 1VAC30-11-110).
Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Effective Date: January 1, 2009.
Agency Contact: Rhonda Bishton, Regulatory Coordinator, Department of General Services, 202 N. Ninth Street, Room 209, Richmond, VA 23219, telephone (804) 786-3311, FAX (804) 371-8305, or email rhonda.bishton@dgs.virginia.gov.
Summary:
The regulations comply with the legislative mandate (Chapter 321, 2008 Acts of Assembly) that agencies adopt model public participation guidelines issued by the Department of Planning and Budget by December 1, 2008. Public participation guidelines exist to promote public involvement in the development, amendment, or repeal of an agency's regulations.
This regulatory action repeals the current public participation guidelines and promulgates new public participation guidelines as required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public participation guidelines include (i) providing for the establishment and maintenance of notification lists of interested persons and specifying the information to be sent to such persons; (ii) providing for public comments on regulatory actions; (iii) establishing the time period during which public comments shall be accepted; (iv) providing that the plan to hold a public meeting shall be indicated in any notice of intended regulatory action; (v) providing for the appointment, when necessary, of regulatory advisory panels to provide professional specialization or technical assistance and negotiated rulemaking panels if a regulatory action is expected to be controversial; and (vi) providing for the periodic review of regulations.
CHAPTER 11
PUBLIC PARTICIPATION GUIDELINES
Part I
Purpose and Definitions
1VAC30-11-10. Purpose.
The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Department of General Services. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
1VAC30-11-20. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
"Agency" means the Department of General Services, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.
"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.
"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc advisory panel of interested parties established by an agency to consider issues that are controversial with the assistance of a facilitator or mediator, for the purpose of reaching a consensus in the development of a proposed regulatory action.
"Notification list" means a list used to notify persons pursuant to this chapter. Such a list may include an electronic list maintained through the Virginia Regulatory Town Hall or other list maintained by the agency.
"Open meeting" means any scheduled gathering of a unit of state government empowered by an agency's basic law to make regulations or decide cases, which is related to promulgating, amending or repealing a regulation.
"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.
"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.
"Regulation" means any statement of general application having the force of law, affecting the rights or conduct of any person, adopted by the agency in accordance with the authority conferred on it by applicable laws.
"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.
"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.
"Town Hall" means the Virginia Regulatory Town Hall, the website operated by the Virginia Department of Planning and Budget at www.townhall.virginia.gov, which has online public comment forums and displays information about regulatory meetings and regulatory actions under consideration in Virginia and sends this information to registered public users.
"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, which is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act.
Part II
Notification of Interested Persons
1VAC30-11-30. Notification list.
A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.
B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency. Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier.
C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.
D. When electronic mail is returned as undeliverable on multiple occasions at least 24 hours apart, that person may be deleted from the list. A single undeliverable message is insufficient cause to delete the person from the list.
E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.
F. The agency may periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list.
1VAC30-11-40. Information to be sent to persons on the notification list.
A. To persons electing to receive electronic notification or notification through a postal carrier as described in 1VAC30-11-30, the agency shall send the following information:
1. A notice of intended regulatory action (NOIRA).
2. A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
3. A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.
B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.
Part III
Public Participation Procedures
1VAC30-11-50. Public comment.
A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to submit data, views, and arguments, either orally or in writing, to the agency. Such opportunity to comment shall include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
2. The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.
B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:
1. For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
2. For a minimum of 60 calendar days following the publication of a proposed regulation.
3. For a minimum of 30 calendar days following the publication of a reproposed regulation.
4. For a minimum of 30 calendar days following the publication of a final adopted regulation.
5. For a minimum of 30 calendar days following the publication of a fast-track regulation.
6. For a minimum of 21 calendar days following the publication of a notice of periodic review.
7. Not later than 21 calendar days following the publication of a petition for rulemaking.
C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.
D. If the Governor finds that one or more changes with substantial impact have been made to a proposed regulation, he may require the agency to provide an additional 30 calendar days to solicit additional public comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.
E. The agency shall send a draft of the agency's summary description of public comment to all public commenters on the proposed regulation at least five days before final adoption of the regulation pursuant to § 2.2-4012 E of the Code of Virginia.
1VAC30-11-60. Petition for rulemaking.
A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.
B. A petition shall include but is not limited to the following information:
1. The petitioner's name and contact information;
2. The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
3. Reference to the legal authority of the agency to take the action requested.
C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.
D. The petition shall be posted on the Town Hall and published in the Virginia Register.
E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.
1VAC30-11-70. Appointment of regulatory advisory panel.
A. The agency may appoint a regulatory advisory panel (RAP) to provide professional specialization or technical assistance when the agency determines that such expertise is necessary to address a specific regulatory issue or action or when individuals indicate an interest in working with the agency on a specific regulatory issue or action.
B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.
C. A RAP may be dissolved by the agency if:
1. The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.
1VAC30-11-80. Appointment of negotiated rulemaking panel.
A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.
B. An NRP that has been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated with the development of the regulation;
2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
3. The agency determines that resolution of a controversy is unlikely.
1VAC30-11-90. Meetings.
Notice of any open meeting, including meetings of a RAP or NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with § 2.2-3707 D of the Code of Virginia allowing for contemporaneous notice to be provided to participants and the public.
1VAC30-11-100. Public hearings on regulations.
A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.
C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:
1. The agency's basic law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a public hearing; or
3. The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.
D. Notice of any public hearing shall be posted on the Town Hall and Commonwealth Calendar at least seven working days prior to the date of the hearing. The agency shall also notify those persons who requested a hearing under subdivision C 3 of this section.
1VAC30-11-110. Periodic review of regulations.
A. The agency shall conduct a periodic review of its regulations consistent with:
1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
2. The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.
B. A periodic review may be conducted separately or in conjunction with other regulatory actions.
C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.
VA.R. Doc. No. R09-1417; Filed October 28, 2008, 8:06 a.m.
TITLE 1. ADMINISTRATION
DEPARTMENT OF GENERAL SERVICES
Final Regulation
REGISTRAR'S NOTICE: The following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant to Chapter 321 of the 2008 Acts of Assembly.
Titles of Regulations: 1VAC30-10. Public Participation Guidelines (repealing 1VAC30-10-10 through 1VAC30-10-70).
1VAC30-11. Public Participation Guidelines (adding 1VAC30-11-10 through 1VAC30-11-110).
Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Effective Date: January 1, 2009.
Agency Contact: Rhonda Bishton, Regulatory Coordinator, Department of General Services, 202 N. Ninth Street, Room 209, Richmond, VA 23219, telephone (804) 786-3311, FAX (804) 371-8305, or email rhonda.bishton@dgs.virginia.gov.
Summary:
The regulations comply with the legislative mandate (Chapter 321, 2008 Acts of Assembly) that agencies adopt model public participation guidelines issued by the Department of Planning and Budget by December 1, 2008. Public participation guidelines exist to promote public involvement in the development, amendment, or repeal of an agency's regulations.
This regulatory action repeals the current public participation guidelines and promulgates new public participation guidelines as required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public participation guidelines include (i) providing for the establishment and maintenance of notification lists of interested persons and specifying the information to be sent to such persons; (ii) providing for public comments on regulatory actions; (iii) establishing the time period during which public comments shall be accepted; (iv) providing that the plan to hold a public meeting shall be indicated in any notice of intended regulatory action; (v) providing for the appointment, when necessary, of regulatory advisory panels to provide professional specialization or technical assistance and negotiated rulemaking panels if a regulatory action is expected to be controversial; and (vi) providing for the periodic review of regulations.
CHAPTER 11
PUBLIC PARTICIPATION GUIDELINES
Part I
Purpose and Definitions
1VAC30-11-10. Purpose.
The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Department of General Services. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
1VAC30-11-20. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
"Agency" means the Department of General Services, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.
"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.
"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc advisory panel of interested parties established by an agency to consider issues that are controversial with the assistance of a facilitator or mediator, for the purpose of reaching a consensus in the development of a proposed regulatory action.
"Notification list" means a list used to notify persons pursuant to this chapter. Such a list may include an electronic list maintained through the Virginia Regulatory Town Hall or other list maintained by the agency.
"Open meeting" means any scheduled gathering of a unit of state government empowered by an agency's basic law to make regulations or decide cases, which is related to promulgating, amending or repealing a regulation.
"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.
"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.
"Regulation" means any statement of general application having the force of law, affecting the rights or conduct of any person, adopted by the agency in accordance with the authority conferred on it by applicable laws.
"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.
"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.
"Town Hall" means the Virginia Regulatory Town Hall, the website operated by the Virginia Department of Planning and Budget at www.townhall.virginia.gov, which has online public comment forums and displays information about regulatory meetings and regulatory actions under consideration in Virginia and sends this information to registered public users.
"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, which is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act.
Part II
Notification of Interested Persons
1VAC30-11-30. Notification list.
A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.
B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency. Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier.
C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.
D. When electronic mail is returned as undeliverable on multiple occasions at least 24 hours apart, that person may be deleted from the list. A single undeliverable message is insufficient cause to delete the person from the list.
E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.
F. The agency may periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list.
1VAC30-11-40. Information to be sent to persons on the notification list.
A. To persons electing to receive electronic notification or notification through a postal carrier as described in 1VAC30-11-30, the agency shall send the following information:
1. A notice of intended regulatory action (NOIRA).
2. A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
3. A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.
B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.
Part III
Public Participation Procedures
1VAC30-11-50. Public comment.
A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to submit data, views, and arguments, either orally or in writing, to the agency. Such opportunity to comment shall include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
2. The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.
B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:
1. For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
2. For a minimum of 60 calendar days following the publication of a proposed regulation.
3. For a minimum of 30 calendar days following the publication of a reproposed regulation.
4. For a minimum of 30 calendar days following the publication of a final adopted regulation.
5. For a minimum of 30 calendar days following the publication of a fast-track regulation.
6. For a minimum of 21 calendar days following the publication of a notice of periodic review.
7. Not later than 21 calendar days following the publication of a petition for rulemaking.
C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.
D. If the Governor finds that one or more changes with substantial impact have been made to a proposed regulation, he may require the agency to provide an additional 30 calendar days to solicit additional public comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.
E. The agency shall send a draft of the agency's summary description of public comment to all public commenters on the proposed regulation at least five days before final adoption of the regulation pursuant to § 2.2-4012 E of the Code of Virginia.
1VAC30-11-60. Petition for rulemaking.
A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.
B. A petition shall include but is not limited to the following information:
1. The petitioner's name and contact information;
2. The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
3. Reference to the legal authority of the agency to take the action requested.
C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.
D. The petition shall be posted on the Town Hall and published in the Virginia Register.
E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.
1VAC30-11-70. Appointment of regulatory advisory panel.
A. The agency may appoint a regulatory advisory panel (RAP) to provide professional specialization or technical assistance when the agency determines that such expertise is necessary to address a specific regulatory issue or action or when individuals indicate an interest in working with the agency on a specific regulatory issue or action.
B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.
C. A RAP may be dissolved by the agency if:
1. The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.
1VAC30-11-80. Appointment of negotiated rulemaking panel.
A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.
B. An NRP that has been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated with the development of the regulation;
2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
3. The agency determines that resolution of a controversy is unlikely.
1VAC30-11-90. Meetings.
Notice of any open meeting, including meetings of a RAP or NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with § 2.2-3707 D of the Code of Virginia allowing for contemporaneous notice to be provided to participants and the public.
1VAC30-11-100. Public hearings on regulations.
A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.
C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:
1. The agency's basic law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a public hearing; or
3. The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.
D. Notice of any public hearing shall be posted on the Town Hall and Commonwealth Calendar at least seven working days prior to the date of the hearing. The agency shall also notify those persons who requested a hearing under subdivision C 3 of this section.
1VAC30-11-110. Periodic review of regulations.
A. The agency shall conduct a periodic review of its regulations consistent with:
1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
2. The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.
B. A periodic review may be conducted separately or in conjunction with other regulatory actions.
C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.
VA.R. Doc. No. R09-1417; Filed October 28, 2008, 8:06 a.m.
TITLE 3. ALCOHOLIC BEVERAGES
ALCOHOLIC BEVERAGE CONTROL BOARD
Final Regulation
REGISTRAR'S NOTICE: The following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant to Chapter 321 of the 2008 Acts of Assembly.
Titles of Regulations: 3VAC5-10. Procedural Rules for the Conduct of Hearings Before the Board and Its Hearing Officers and the Adoption or Amendment of Regulations (repealing 3VAC5-10-480).
3VAC5-11. Public Participation Guidelines (adding 3VAC5-11-10 through 3VAC5-11-110).
Statutory Authority: §§ 2.2-4007.02, 4.1-103 and 4.1-111 of the Code of Virginia.
Effective Date: December 24, 2008.
Agency Contact: W. Curtis Coleburn III, Chief Operating Officer, Department of Alcoholic Beverage Control, 2901 Hermitage Rd., Richmond, VA 23220, telephone (804) 213-4409, FAX (804) 213-4411, TTY (804) 213-4687, or email curtis.coleburn@abc.virginia.gov.
Summary:
The regulations comply with the legislative mandate (Chapter 321, 2008 Acts of Assembly) that agencies adopt model public participation guidelines issued by the Department of Planning and Budget by December 1, 2008. Public participation guidelines exist to promote public involvement in the development, amendment, or repeal of an agency's regulations.
This regulatory action repeals the current public participation guidelines and promulgates new public participation guidelines as required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public participation guidelines include (i) providing for the establishment and maintenance of notification lists of interested persons and specifying the information to be sent to such persons; (ii) providing for public comments on regulatory actions; (iii) establishing the time period during which public comments shall be accepted; (iv) providing that the plan to hold a public meeting shall be indicated in any notice of intended regulatory action; (v) providing for the appointment, when necessary, of regulatory advisory panels to provide professional specialization or technical assistance and negotiated rulemaking panels if a regulatory action is expected to be controversial; and (vi) providing for the periodic review of regulations.
Part V
Public Participation Guidelines for Adoption or Amendment of Regulations
3VAC5-10-480. Public participation guidelines in regulation development; applicability; initiation of rulemaking; rulemaking procedures. (Repealed.)
A. Applicability. These guidelines shall apply to all regulations subject to the Administrative Process Act that are administered by the Department of Alcoholic Beverage Control, except as provided in subsection G of this section.
B. Initiation of rulemaking (Step 1). The board shall publish notice of the commencement or initiation of any rulemaking process. Rulemaking procedures may be initiated at any time by the board. At the commencement of any rulemaking process, the board may invite proposals for regulations or regulation changes from any interested person or may limit the process to selected proposals. All initial proposals to be considered shall be in the form of a written petition for the adoption, amendment or repeal of any regulation. Petitions shall be filed with the board within any time limitation as may be specified by the board. A petition may be submitted at any time, by any person, but it shall be at the board's discretion to initiate rulemaking procedures as a result of such petition or petitions. All petitions shall be considered and responded to within 180 days. Each petition shall contain the following information, if available:
1. Name of petitioner;
2. Petitioner's mailing address and telephone number;
3. General description of proposal, with recommendations for adoption, amendment or repeal of specific regulation(s);
4. Why is change needed? What problem is it meant to address?;
5. What is the anticipated effect of not making the change?;
6. Estimated costs or savings, or both, to regulated entities, the public, or others incurred by this change as compared to current regulations;
7. Who is affected by recommended change? How affected?;
8. Draft language; and
9. Supporting documents.
C. Notices—in general.
1. Mailing list. The secretary to the board shall prepare a general mailing list of those persons and organizations who have demonstrated an interest in specific regulations in the past through the filing of petitions, written comments or attendance at public hearings. The mailing list will be updated at least every two years, and a current copy will be on file in the office of the secretary to the board. Periodically, but not less than every two years, the board shall publish in the Virginia Register, in a newspaper published and of general circulation in the City of Richmond, and in such other newspapers in the Commonwealth as the board may determine, a request that any individual or organization interested in participating in the development of specific rules and regulations so notify the board. Any persons or organizations identified in this process will be placed on the general mailing list. Persons interested in the board's regulations may also register to receive notices through the Virginia Regulatory Town Hall.
2. Notice to listed persons. Each person on the general mailing list shall be sent, by U.S. mail or electronic mail using the agency mailing list feature of the Virginia Regulatory Town Hall, a copy of all notices pertaining to rulemaking for the board as are published in the Virginia Register. In lieu of such copy, the board may notify those on the mailing list of the publication of the notice and, if lengthy, offer to forward a copy upon payment of reasonable costs for copying and mailing.
D. Initial requirement for public comment; participation in regulation development; ad hoc panels; public meetings (Step 2).
1. Notice of Intended Regulatory Action. The board shall solicit comments, data, views and argument from the public as to each regulation proposal and shall encourage participation of interested persons in the development of regulations and draft language. As to each petition or proposal, the board shall publish a Notice of Intended Regulatory Action. The notice shall specify the date, time and place of any public meeting to consider the proposals, either with or without an ad hoc advisory panel, or with or without consultation with groups and individuals who have expressed an interest in participating in the development of specific rules and regulations and shall contain the following information:
a. Subject of the proposed action;
b. Identification of the entities that will be affected;
c. Discussion of the purpose of the proposed action and the issues involved;
d. Listing of applicable laws or regulations;
e. Name of individual, group or entity proposing regulation;
f. Request for comments, data, views or argument from interested parties, either orally or in writing, to the board or its specially designated subordinate;
g. Notification of date, time and place of any scheduled public meeting on the proposal; and
h. Name, address and telephone number of staff person to be contacted for further information.
2. The board shall disseminate the Notice of Intended Regulatory Action to the public via:
a. Publication in The Virginia Register of Regulations;
b. Distribution by mail or electronic mail to persons on the general mailing list pursuant to subsection C of this section;
c. Press release to media throughout the Commonwealth if a public meeting is scheduled; and
d. Posting on the Virginia Regulatory Town Hall.
3. The board may form an ad hoc advisory panel or consult with groups and individuals who have expressed an interest in participating in the development of specific rules and regulations to consider regulation proposals, to make recommendations, assist in development of draft language, and provide such advice as the board may request. The board may request the panel or interested groups and individuals to participate in a meeting to develop or consider regulation proposals.
The board's use of ad hoc advisory panels or consultation with interested groups and individuals shall be based on, but not limited to, the following criteria: The proposed regulation's:
a. Complexity;
b. Controversy;
c. Degree of substantive change;
d. Impact on the board, its licensees, and the public; or
e. Enactment required by state or federal mandate.
4. The board may conduct a regulation development public meeting to receive views and comments and answer questions of the public.
E. Notice of public hearing and publication of proposals pursuant to § 2.2-4007 of the Virginia Administrative Process Act (Step 3).
1. The board shall consider the comments, recommendations, reports and other input from the public, industry and other interested persons received during the initial steps of public participation in the regulation development process, including comments, views, data and argument received during any public meeting, before publishing a final proposed draft regulation and initiating the proceedings required by the Administrative Process Act.
2. The board shall comply with the notice, publication and other requirements of § 2.2-4007 of the Code of Virginia, and final proposed drafts to adopt, amend or repeal regulations, together with any other required statements, shall be published in the Virginia Register, in a newspaper published and of general circulation in the City of Richmond, in such other newspapers in the Commonwealth as the board may determine, and on the Virginia Regulatory Town Hall. In addition, the board shall comply with the provisions of subdivision C 2 of this section. Such notice shall solicit comments, views, data and argument from the public and shall specify the date, time and place of any scheduled public hearing to consider adoption of such regulation proposals.
F. Public hearing (Step 4). The board shall conduct a public hearing to consider adoption of all proposed regulations. At such hearing, the board may receive and consider such additional written and verbal comment as it deems appropriate prior to any final vote.
G. Notwithstanding the foregoing provisions, the board may elect to dispense with any required public participation or other required procedure to the extent authorized by the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
CHAPTER 11
PUBLIC PARTICIPATION GUIDELINES
Part I
Purpose and Definitions
3VAC5-11-10. Purpose.
The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Alcoholic Beverage Control Board. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
3VAC5-11-20. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
"Agency" means the Alcoholic Beverage Control Board, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.
"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.
"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc advisory panel of interested parties established by an agency to consider issues that are controversial with the assistance of a facilitator or mediator, for the purpose of reaching a consensus in the development of a proposed regulatory action.
"Notification list" means a list used to notify persons pursuant to this chapter. Such a list may include an electronic list maintained through the Virginia Regulatory Town Hall or other list maintained by the agency.
"Open meeting" means any scheduled gathering of a unit of state government empowered by an agency's basic law to make regulations or decide cases, which is related to promulgating, amending or repealing a regulation.
"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.
"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.
"Regulation" means any statement of general application having the force of law, affecting the rights or conduct of any person, adopted by the agency in accordance with the authority conferred on it by applicable laws.
"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.
"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.
"Town Hall" means the Virginia Regulatory Town Hall, the website operated by the Virginia Department of Planning and Budget at www.townhall.virginia.gov, which has online public comment forums and displays information about regulatory meetings and regulatory actions under consideration in Virginia and sends this information to registered public users.
"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, which is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act.
Part II
Notification of Interested Persons
3VAC5-11-30. Notification list.
A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.
B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency. Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier.
C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.
D. When electronic mail is returned as undeliverable on multiple occasions at least 24 hours apart, that person may be deleted from the list. A single undeliverable message is insufficient cause to delete the person from the list.
E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.
F. The agency may periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list.
3VAC5-11-40. Information to be sent to persons on the notification list.
A. To persons electing to receive electronic notification or notification through a postal carrier as described in 3VAC5-11-30, the agency shall send the following information:
1. A notice of intended regulatory action (NOIRA).
2. A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
3. A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.
B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.
Part III
Public Participation Procedures
3VAC5-11-50. Public comment.
A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to submit data, views, and arguments, either orally or in writing, to the agency. Such opportunity to comment shall include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
2. The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.
B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:
1. For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
2. For a minimum of 60 calendar days following the publication of a proposed regulation.
3. For a minimum of 30 calendar days following the publication of a reproposed regulation.
4. For a minimum of 30 calendar days following the publication of a final adopted regulation.
5. For a minimum of 30 calendar days following the publication of a fast-track regulation.
6. For a minimum of 21 calendar days following the publication of a notice of periodic review.
7. Not later than 21 calendar days following the publication of a petition for rulemaking.
C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.
D. If the Governor finds that one or more changes with substantial impact have been made to a proposed regulation, he may require the agency to provide an additional 30 calendar days to solicit additional public comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.
E. The agency shall send a draft of the agency's summary description of public comment to all public commenters on the proposed regulation at least five days before final adoption of the regulation pursuant to § 2.2-4012 E of the Code of Virginia.
3VAC5-11-60. Petition for rulemaking.
A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.
B. A petition shall include but is not limited to the following information:
1. The petitioner's name and contact information;
2. The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
3. Reference to the legal authority of the agency to take the action requested.
C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.
D. The petition shall be posted on the Town Hall and published in the Virginia Register.
E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.
3VAC5-11-70. Appointment of regulatory advisory panel.
A. The agency may appoint a regulatory advisory panel (RAP) to provide professional specialization or technical assistance when the agency determines that such expertise is necessary to address a specific regulatory issue or action or when individuals indicate an interest in working with the agency on a specific regulatory issue or action.
B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.
C. A RAP may be dissolved by the agency if:
1. The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.
3VAC5-11-80. Appointment of negotiated rulemaking panel.
A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.
B. An NRP that has been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated with the development of the regulation;
2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
3. The agency determines that resolution of a controversy is unlikely.
3VAC5-11-90. Meetings.
Notice of any open meeting, including meetings of a RAP or NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with § 2.2-3707 D of the Code of Virginia allowing for contemporaneous notice to be provided to participants and the public.
3VAC5-11-100. Public hearings on regulations.
A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.
C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:
1. The agency's basic law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a public hearing; or
3. The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.
D. Notice of any public hearing shall be posted on the Town Hall and Commonwealth Calendar at least seven working days prior to the date of the hearing. The agency shall also notify those persons who requested a hearing under subdivision C 3 of this section.
3VAC5-11-110. Periodic review of regulations.
A. The agency shall conduct a periodic review of its regulations consistent with:
1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
2. The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.
B. A periodic review may be conducted separately or in conjunction with other regulatory actions.
C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.
VA.R. Doc. No. R09-1425; Filed October 24, 2008, 9:43 a.m.
TITLE 3. ALCOHOLIC BEVERAGES
ALCOHOLIC BEVERAGE CONTROL BOARD
Final Regulation
REGISTRAR'S NOTICE: The following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant to Chapter 321 of the 2008 Acts of Assembly.
Titles of Regulations: 3VAC5-10. Procedural Rules for the Conduct of Hearings Before the Board and Its Hearing Officers and the Adoption or Amendment of Regulations (repealing 3VAC5-10-480).
3VAC5-11. Public Participation Guidelines (adding 3VAC5-11-10 through 3VAC5-11-110).
Statutory Authority: §§ 2.2-4007.02, 4.1-103 and 4.1-111 of the Code of Virginia.
Effective Date: December 24, 2008.
Agency Contact: W. Curtis Coleburn III, Chief Operating Officer, Department of Alcoholic Beverage Control, 2901 Hermitage Rd., Richmond, VA 23220, telephone (804) 213-4409, FAX (804) 213-4411, TTY (804) 213-4687, or email curtis.coleburn@abc.virginia.gov.
Summary:
The regulations comply with the legislative mandate (Chapter 321, 2008 Acts of Assembly) that agencies adopt model public participation guidelines issued by the Department of Planning and Budget by December 1, 2008. Public participation guidelines exist to promote public involvement in the development, amendment, or repeal of an agency's regulations.
This regulatory action repeals the current public participation guidelines and promulgates new public participation guidelines as required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public participation guidelines include (i) providing for the establishment and maintenance of notification lists of interested persons and specifying the information to be sent to such persons; (ii) providing for public comments on regulatory actions; (iii) establishing the time period during which public comments shall be accepted; (iv) providing that the plan to hold a public meeting shall be indicated in any notice of intended regulatory action; (v) providing for the appointment, when necessary, of regulatory advisory panels to provide professional specialization or technical assistance and negotiated rulemaking panels if a regulatory action is expected to be controversial; and (vi) providing for the periodic review of regulations.
Part V
Public Participation Guidelines for Adoption or Amendment of Regulations
3VAC5-10-480. Public participation guidelines in regulation development; applicability; initiation of rulemaking; rulemaking procedures. (Repealed.)
A. Applicability. These guidelines shall apply to all regulations subject to the Administrative Process Act that are administered by the Department of Alcoholic Beverage Control, except as provided in subsection G of this section.
B. Initiation of rulemaking (Step 1). The board shall publish notice of the commencement or initiation of any rulemaking process. Rulemaking procedures may be initiated at any time by the board. At the commencement of any rulemaking process, the board may invite proposals for regulations or regulation changes from any interested person or may limit the process to selected proposals. All initial proposals to be considered shall be in the form of a written petition for the adoption, amendment or repeal of any regulation. Petitions shall be filed with the board within any time limitation as may be specified by the board. A petition may be submitted at any time, by any person, but it shall be at the board's discretion to initiate rulemaking procedures as a result of such petition or petitions. All petitions shall be considered and responded to within 180 days. Each petition shall contain the following information, if available:
1. Name of petitioner;
2. Petitioner's mailing address and telephone number;
3. General description of proposal, with recommendations for adoption, amendment or repeal of specific regulation(s);
4. Why is change needed? What problem is it meant to address?;
5. What is the anticipated effect of not making the change?;
6. Estimated costs or savings, or both, to regulated entities, the public, or others incurred by this change as compared to current regulations;
7. Who is affected by recommended change? How affected?;
8. Draft language; and
9. Supporting documents.
C. Notices—in general.
1. Mailing list. The secretary to the board shall prepare a general mailing list of those persons and organizations who have demonstrated an interest in specific regulations in the past through the filing of petitions, written comments or attendance at public hearings. The mailing list will be updated at least every two years, and a current copy will be on file in the office of the secretary to the board. Periodically, but not less than every two years, the board shall publish in the Virginia Register, in a newspaper published and of general circulation in the City of Richmond, and in such other newspapers in the Commonwealth as the board may determine, a request that any individual or organization interested in participating in the development of specific rules and regulations so notify the board. Any persons or organizations identified in this process will be placed on the general mailing list. Persons interested in the board's regulations may also register to receive notices through the Virginia Regulatory Town Hall.
2. Notice to listed persons. Each person on the general mailing list shall be sent, by U.S. mail or electronic mail using the agency mailing list feature of the Virginia Regulatory Town Hall, a copy of all notices pertaining to rulemaking for the board as are published in the Virginia Register. In lieu of such copy, the board may notify those on the mailing list of the publication of the notice and, if lengthy, offer to forward a copy upon payment of reasonable costs for copying and mailing.
D. Initial requirement for public comment; participation in regulation development; ad hoc panels; public meetings (Step 2).
1. Notice of Intended Regulatory Action. The board shall solicit comments, data, views and argument from the public as to each regulation proposal and shall encourage participation of interested persons in the development of regulations and draft language. As to each petition or proposal, the board shall publish a Notice of Intended Regulatory Action. The notice shall specify the date, time and place of any public meeting to consider the proposals, either with or without an ad hoc advisory panel, or with or without consultation with groups and individuals who have expressed an interest in participating in the development of specific rules and regulations and shall contain the following information:
a. Subject of the proposed action;
b. Identification of the entities that will be affected;
c. Discussion of the purpose of the proposed action and the issues involved;
d. Listing of applicable laws or regulations;
e. Name of individual, group or entity proposing regulation;
f. Request for comments, data, views or argument from interested parties, either orally or in writing, to the board or its specially designated subordinate;
g. Notification of date, time and place of any scheduled public meeting on the proposal; and
h. Name, address and telephone number of staff person to be contacted for further information.
2. The board shall disseminate the Notice of Intended Regulatory Action to the public via:
a. Publication in The Virginia Register of Regulations;
b. Distribution by mail or electronic mail to persons on the general mailing list pursuant to subsection C of this section;
c. Press release to media throughout the Commonwealth if a public meeting is scheduled; and
d. Posting on the Virginia Regulatory Town Hall.
3. The board may form an ad hoc advisory panel or consult with groups and individuals who have expressed an interest in participating in the development of specific rules and regulations to consider regulation proposals, to make recommendations, assist in development of draft language, and provide such advice as the board may request. The board may request the panel or interested groups and individuals to participate in a meeting to develop or consider regulation proposals.
The board's use of ad hoc advisory panels or consultation with interested groups and individuals shall be based on, but not limited to, the following criteria: The proposed regulation's:
a. Complexity;
b. Controversy;
c. Degree of substantive change;
d. Impact on the board, its licensees, and the public; or
e. Enactment required by state or federal mandate.
4. The board may conduct a regulation development public meeting to receive views and comments and answer questions of the public.
E. Notice of public hearing and publication of proposals pursuant to § 2.2-4007 of the Virginia Administrative Process Act (Step 3).
1. The board shall consider the comments, recommendations, reports and other input from the public, industry and other interested persons received during the initial steps of public participation in the regulation development process, including comments, views, data and argument received during any public meeting, before publishing a final proposed draft regulation and initiating the proceedings required by the Administrative Process Act.
2. The board shall comply with the notice, publication and other requirements of § 2.2-4007 of the Code of Virginia, and final proposed drafts to adopt, amend or repeal regulations, together with any other required statements, shall be published in the Virginia Register, in a newspaper published and of general circulation in the City of Richmond, in such other newspapers in the Commonwealth as the board may determine, and on the Virginia Regulatory Town Hall. In addition, the board shall comply with the provisions of subdivision C 2 of this section. Such notice shall solicit comments, views, data and argument from the public and shall specify the date, time and place of any scheduled public hearing to consider adoption of such regulation proposals.
F. Public hearing (Step 4). The board shall conduct a public hearing to consider adoption of all proposed regulations. At such hearing, the board may receive and consider such additional written and verbal comment as it deems appropriate prior to any final vote.
G. Notwithstanding the foregoing provisions, the board may elect to dispense with any required public participation or other required procedure to the extent authorized by the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
CHAPTER 11
PUBLIC PARTICIPATION GUIDELINES
Part I
Purpose and Definitions
3VAC5-11-10. Purpose.
The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Alcoholic Beverage Control Board. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
3VAC5-11-20. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
"Agency" means the Alcoholic Beverage Control Board, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.
"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.
"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc advisory panel of interested parties established by an agency to consider issues that are controversial with the assistance of a facilitator or mediator, for the purpose of reaching a consensus in the development of a proposed regulatory action.
"Notification list" means a list used to notify persons pursuant to this chapter. Such a list may include an electronic list maintained through the Virginia Regulatory Town Hall or other list maintained by the agency.
"Open meeting" means any scheduled gathering of a unit of state government empowered by an agency's basic law to make regulations or decide cases, which is related to promulgating, amending or repealing a regulation.
"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.
"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.
"Regulation" means any statement of general application having the force of law, affecting the rights or conduct of any person, adopted by the agency in accordance with the authority conferred on it by applicable laws.
"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.
"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.
"Town Hall" means the Virginia Regulatory Town Hall, the website operated by the Virginia Department of Planning and Budget at www.townhall.virginia.gov, which has online public comment forums and displays information about regulatory meetings and regulatory actions under consideration in Virginia and sends this information to registered public users.
"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, which is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act.
Part II
Notification of Interested Persons
3VAC5-11-30. Notification list.
A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.
B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency. Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier.
C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.
D. When electronic mail is returned as undeliverable on multiple occasions at least 24 hours apart, that person may be deleted from the list. A single undeliverable message is insufficient cause to delete the person from the list.
E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.
F. The agency may periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list.
3VAC5-11-40. Information to be sent to persons on the notification list.
A. To persons electing to receive electronic notification or notification through a postal carrier as described in 3VAC5-11-30, the agency shall send the following information:
1. A notice of intended regulatory action (NOIRA).
2. A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
3. A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.
B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.
Part III
Public Participation Procedures
3VAC5-11-50. Public comment.
A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to submit data, views, and arguments, either orally or in writing, to the agency. Such opportunity to comment shall include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
2. The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.
B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:
1. For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
2. For a minimum of 60 calendar days following the publication of a proposed regulation.
3. For a minimum of 30 calendar days following the publication of a reproposed regulation.
4. For a minimum of 30 calendar days following the publication of a final adopted regulation.
5. For a minimum of 30 calendar days following the publication of a fast-track regulation.
6. For a minimum of 21 calendar days following the publication of a notice of periodic review.
7. Not later than 21 calendar days following the publication of a petition for rulemaking.
C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.
D. If the Governor finds that one or more changes with substantial impact have been made to a proposed regulation, he may require the agency to provide an additional 30 calendar days to solicit additional public comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.
E. The agency shall send a draft of the agency's summary description of public comment to all public commenters on the proposed regulation at least five days before final adoption of the regulation pursuant to § 2.2-4012 E of the Code of Virginia.
3VAC5-11-60. Petition for rulemaking.
A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.
B. A petition shall include but is not limited to the following information:
1. The petitioner's name and contact information;
2. The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
3. Reference to the legal authority of the agency to take the action requested.
C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.
D. The petition shall be posted on the Town Hall and published in the Virginia Register.
E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.
3VAC5-11-70. Appointment of regulatory advisory panel.
A. The agency may appoint a regulatory advisory panel (RAP) to provide professional specialization or technical assistance when the agency determines that such expertise is necessary to address a specific regulatory issue or action or when individuals indicate an interest in working with the agency on a specific regulatory issue or action.
B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.
C. A RAP may be dissolved by the agency if:
1. The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.
3VAC5-11-80. Appointment of negotiated rulemaking panel.
A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.
B. An NRP that has been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated with the development of the regulation;
2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
3. The agency determines that resolution of a controversy is unlikely.
3VAC5-11-90. Meetings.
Notice of any open meeting, including meetings of a RAP or NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with § 2.2-3707 D of the Code of Virginia allowing for contemporaneous notice to be provided to participants and the public.
3VAC5-11-100. Public hearings on regulations.
A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.
C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:
1. The agency's basic law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a public hearing; or
3. The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.
D. Notice of any public hearing shall be posted on the Town Hall and Commonwealth Calendar at least seven working days prior to the date of the hearing. The agency shall also notify those persons who requested a hearing under subdivision C 3 of this section.
3VAC5-11-110. Periodic review of regulations.
A. The agency shall conduct a periodic review of its regulations consistent with:
1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
2. The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.
B. A periodic review may be conducted separately or in conjunction with other regulatory actions.
C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.
VA.R. Doc. No. R09-1425; Filed October 24, 2008, 9:43 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF CONSERVATION AND RECREATION
Final Regulation
REGISTRAR'S NOTICE: The following regulation filed by the Department of Conservation and Recreation is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 1 of the Code of Virginia, which excludes agency orders or regulations fixing rates or prices. The Department of Conservation and Recreation will receive, consider and respond to petitions by any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 4VAC5-36. Standard Fees for Use of Department of Conservation and Recreation Facilities, Programs, and Services (amending 4VAC5-36-50, 4VAC5-36-60, 4VAC5-36-70, 4VAC5-36-90, 4VAC5-36-100, 4VAC5-36-110, 4VAC5-36-120, 4VAC5-36-140, 4VAC5-36-150, 4VAC5-36-180, 4VAC5-36-200, 4VAC5-36-210; adding 4VAC5-36-115).
Statutory Authority: § 10.1-104 of the Code of Virginia.
Effective Date: January 1, 2009.
Agency Contact: David C. Dowling, Policy, Planning, and Budget Director, Department of Conservation and Recreation, 203 Governor St., Suite 302, Richmond, VA 23219, telephone (804) 786-2291, FAX (804) 786-6141, or email david.dowling@dcr.virginia.gov.
Summary:
The amendments include revised parking and launch fees (4VAC5-36-50), admission fees (4VAC5-36-60), swimming fees (4VAC5-36-70), camping fees (4VAC5-36-90), cabin fees (4VAC5-36-100), picnic shelter fees (4VAC5-36-110), amphitheater and gazebo fees (4VAC5-36-120), interpretive canoe, boat, and paddleboat fees (4VAC5-36-140), interpretive and educational tours and program fees (4VAC5-36-150), state park performing arts events fees (4VAC5-36-180), miscellaneous rental fees (4VAC5-36-200), and center and meeting facility fees (4VAC5-36-210). A new section on horse arena fees (4VAC5-36-115) was added to reflect the new facilities that have been constructed.
Increases to these rates and prices represent changes to maintain fair market value, the addition of new facilities and offerings, updates to ensure consistency with the private sector, and revisions to reflect private concessionaires’ new seasonal prices.
4VAC5-36-50. Parking and launch fees.
PARKING FEES (NONTAXABLE)
| WEEKDAYS | WEEKENDS |
Daily Parking for Passenger Vehicles: Applies to cars, trucks, vans (up to 15 passenger), and motorcycles. | | |
| All parks unless listed below. | $2.00 | $3.00 |
| Parks under construction and having only limited facilities and services. | $2.00 | $2.00 |
| Fairy Stone, Raymond R. "Andy" Guest Jr. Shenandoah River, Smith Mountain Lake, Claytor Lake, Kiptopeke, Westmoreland, Mason Neck, Sky Meadows, Chippokes | $3.00 | $4.00 |
| Leesylvania, First Landing, Lake Anna, Pocahontas | $4.00 | $5.00 |
| York River Croaker Landing/Pier Area (also requires boat launch fee for all vehicles) | $3.00 | $3.00 |
Horse Trailer Parking Fee (also requires vehicle parking fee.) All parks unless listed below. | $3.00 per trailer | $3.00 per trailer |
| Lake Anna | $4.00 per trailer | $4.00 per trailer |
| Surcharge for additional horse in same trailer. | $2.00 per horse | $2.00 per horse |
Other Trailer Parking Fee: Applies to other trailers not covered by camping, horse trailer and boat launch fee. (Add to daily parking fee.) | $2.00 per trailer | $2.00 per trailer |
Daily Bus Parking: All Seasons. Applies to vehicles with 16 or more passenger capacity. | | |
| All parks unless listed below. | $10 | $10 |
| Claytor Lake, Hungry Mother, Leesylvania, Mason Neck, New River Trail | $12 | $12 |
| First Landing, Kiptopeke, Lake Anna, Pocahontas, Westmoreland | $15 | $15 |
Natural Area Preserve Parking Fees for any Vehicle: The department may charge these fees at any Natural Area Preserve. | $2.00 | $2.00 |
Boat Launch Fees: Required to use park boat ramps on bodies of water where motorboats are permitted. Required for all vehicles using York River Croaker Landing/Pier Area. May not apply to small "car-top" launch facilities (facilities at which boats may only be launched by hand carrying them to the water). The fee is normally added to the parking fee to create a combined park/launch payment. | | |
Daily Launch Fees: All Seasons | | |
| All parks unless listed below. | $3.00 | $3.00 |
| Claytor Lake | $2.00 | $2.00 |
| First Landing, Kiptopeke (with Marine Fishing License), Lake Anna | $4.00 | $4.00 |
| Kiptopeke (without Marine Fishing License), Leesylvania | $8.00 | $8.00 |
Surcharge for second boat on same trailer: jet ski | $2.00 | $2.00 |
Overnight parking at boat launch: where available | $10 | $10 |
Camper's Boat Launch Fee Kiptopeke: Does not apply if camper parks trailer at campsite. | $3.00 | $3.00 |
Boat Tournament Fee for Fishing Tournaments: Registration fee is based on the number of boats registered and is nonrefundable regardless of number that actually participates. This fee is in addition to the applicable daily launch fee. | No charge | $2.00 per boat |
| FEE |
Annual and Lifetime Parking Fees: | |
Lifetime Naturally Yours Passport Plus: Lifetime admission and parking pass to all state parks, plus 10% discount on camping, all state park merchandise, equipment rentals, and shelter rentals. | |
| Age up to 40 | $303 |
| Age 41-45 | $273 |
| Age 46-50 | $242 |
| Age 51-55 | $212 |
| Age 56‑61 | $182 |
Senior Lifetime Naturally Yours Passport Plus (Age 62 or older): See Lifetime Naturally Yours Passport Plus above. | $110 |
Naturally Yours Passport Plus: 12-month from date of purchase admission and parking pass to all state parks, plus 10% discount on camping, all state park merchandise, equipment rentals, and shelter rentals. | $61 |
Naturally Yours Parking Passport: 12-month from date of purchase admission and parking pass to park of purchase. | $36 |
Senior Naturally Yours Passport Plus: See Naturally Yours Passport Plus above. | $33 |
Senior Naturally Yours Parking Passport: See Naturally Yours Parking Passport above. | $22 |
Golden Disability Pass: Available to persons with disabilities as verified by U.S. Social Security Administration's (SSA) "Benefit Verification Letter." Pass remains in effect unless SSA withdraws eligibility. | No Charge |
Annual Horse Trailer-Vehicle Pass: 12-months from date of purchase admission and park pass, including horse trailer, good at all parks. | $79 |
Annual Horse Trailer-Vehicle Pass: Pocahontas and New River Trail Only. Valid only in combination with purchase of $30 horse arena annual pass. | $70 |
Annual Horse Trailer-Vehicle Pass: Occoneechee and Staunton River Only | $50 |
Annual and Lifetime Park/Launch Fees: | |
Lifetime Naturally Yours Passport Plus for Boaters: Lifetime admission, parking, and launch pass to all state parks, plus 10% discount on camping, all state park merchandise, equipment rentals, and shelter rentals. | |
| Age up to 40 | $606 |
| Age 41-45 | $545 |
| Age 46-50 | $485 |
| Age 51-55 | $424 |
| Age 56‑61 | $364 |
Senior Lifetime Naturally Yours Passport Plus for Boaters (Age 62 or older): See Lifetime Naturally Yours Passport Plus for Boaters above. | $314 |
Naturally Yours Passport Plus for Boaters: 12-month from date of purchase admission, parking, and launch pass to all state parks, plus 10% discount on camping, all state park merchandise, equipment rentals, and shelter rentals. | $152 |
Park/Launch Passport: | |
| 12-month from date of purchase admission, parking, and launch pass to all state parks including Leesylvania. | $128 |
| 12-month from date of purchase admission, parking, and launch pass to First Landing, Kiptopeke, or Lake Anna. Good only at park of purchase. | $97 |
| 12-month from date of purchase admission, parking, and launch pass to park of purchase other than Leesylvania, First Landing, Kiptopeke, or Lake Anna. | $79 |
Senior Naturally Yours Passport Plus for Boaters: Annual permit for all parks including Leesylvania. | $121 |
Senior Park/Launch Passport: | |
| 12-month from date of purchase admission, parking, and launch pass to all state parks including Leesylvania. | $109 |
| 12-month from date of purchase admission, parking, and launch pass to First Landing, Kiptopeke, or Lake Anna. Good only at park of purchase. | $79 |
| 12-month from date of purchase admission, parking, and launch pass to park of purchase other than Leesylvania, First Landing, Kiptopeke, or Lake Anna. | $66 |
Buggs Island Lake Special Annual Pass: Good only at Occoneechee and Staunton River State Parks. | $50 |
Leesylvania Annual Overnight Boating/Parking Pass. | $67 |
Disabled Visitor Annual Boat Launch Pass (in addition to disabled tags). | $44 |
Parks and Trails Passport: | |
| In conjunction with the purchase of an annual parking pass | $11 |
| Without the purchase of an annual parking pass | $17 |
| | | | | |
Special Event Fees: | EVENT FEE |
Standard Special Event Parking Fee: Applies to all parks and events that utilize parking fees unless noted below. | $10 per vehicle |
Community Event Fee: May be used by any park as a condition of a Special Use Permit for a community event provided by a nonprofit group or organization or government agency or entity. | $1.00 per vehicle |
James River: James River Raft Race | $5.00 per vehicle |
Sky Meadows: Strawberry Festival. | |
| Advance payment | $15 per vehicle |
| Day of Event | $20 per vehicle |
Sky Meadows: Virginia Scottish Games | |
| Vehicle Parking | $5.00 per vehicle |
| Per Person Admission | $15 per person $5.00 per person, active military and active military family members $5.00 per child 6-12 years Children under 6 free |
New River Trail: Wythe County Heritage Day. Grayson Highlands Fall Festival. Hungry Mother Arts and Crafts Festival. | $6.00 per vehicle |
Claytor Lake Arts and Crafts Festival: Free parking with canned food donation on designated day. | $5.00 per vehicle $9.00 per two-day pass $12 per three-day pass |
Kiptopeke: Eastern Shore Birding Festival. | Parking Fee waived to registered festival guests; otherwise standard fees apply |
Smith Mountain Lake: special park/launch rate for boaters participating in fishing tournaments if the tournament sponsor has also rented the Tournament Headquarters Building. | $5.00 per vehicle/ boat combination |
Standard Special Event Per Person Entrance Fee: Applies to all parks and events that utilize per person admission fees unless noted below. | $4.00 per adult $3.00 per child, 6 through 12 years Children under 6 free |
Sailor's Creek Battlefield: Battle of Sailor's Creek Reenactment. | $5.00 per person Children under 6 free $10 maximum per vehicle $50 per bus (16 passenger +) |
Chippokes Plantation Steam and Gas Engine Show. | $5.00 per person Children under 12 free |
Chippokes Plantation Christmas. | $5.00 per person |
Chippokes Gospel Explosion | $10 per person $7.00 for advance ticket purchase Children under 12 free |
Chippokes Pork, Peanut & Pine Festival | $5 per person Children under 10 free |
Grayson Highlands Wayne C. Henderson Music Festival. | $10 per person Children under 12 free |
York River Estuaries Day. | $2.00 (Age 3 through 12) $3.00 (Age 13 and over) |
Natural Tunnel Special Event Parking Fee. | $2.00 per person $6.00 per vehicle |
Occoneechee Pow Wow | $5.00 per person Seniors (62 and over) free Children under 4 free |
| Occoneechee Pow Wow School Groups | $4.00 per student Teachers and Chaperones free |
Notes on parking fees:
1. Weekend rates apply on Memorial Day, Fourth of July, and Labor Day holidays.
2. No parking fee is required for up to two vehicles per campsite and per cabin. Vehicles in excess of two shall pay the prevailing daily parking fee for each day that the vehicle is parked in the park.
3. Except as otherwise noted, boat launching shall be free for up to one boat per vehicle per campsite or cabin.
4. Parking fees are waived for any vehicle displaying disabled license plates or temporary disabled parking identification issued by any state or the federal government. However, the fee for any additional types of trailers, the boat launch fee or the portion of any combined parking-launching fee that applies to boat launching shall be collected from such vehicles. Additionally, the price for annual passes and lifetime passes that include boat launching for qualified disabled individuals shall be calculated by subtracting the applicable parking pass fee from the park/launch pass fee.
5. Parking fees are waived for any vehicle occupied solely by students and/or teachers and/or assisting personnel participating in an official activity of a bona fide school, home school, or institution of higher learning. Parks may require that individuals in vehicles other than those marked as a school bus verify their official activity by letter from the school or approved field trip form, or in the case of home school groups, proof of home school status such as current ID card from a state or national home school organization (HEAV, HSLDA, etc.) or a copy of the letter from the school district that acknowledges "Notice of Intent" to home school for that school year.
6. Parking fees are waived for official vehicles of federal, state, and local governments while on official business; vehicles making deliveries to the park; contractor and business vehicles performing work in the park; and emergency vehicles while conducting official business, including training.
7. Parking fees are waived for park employees during time of employment, including family and household members of staff occupying staff residences, visitors to staff residences, and park volunteers entering the park to perform volunteer duties.
8. Parking fees may be waived for vehicles conducting research or collecting activities provided such waiver is included in the language of the Research and Collection Permit as required in 4VAC5-30-50.
9. The period covered by a daily parking fee shall be midnight to midnight. Park guests utilizing overnight parking when and where available (e.g., backpackers, overnight fishermen, etc.) will be required to pay the applicable daily parking fee for each calendar day that their vehicle is in the parking lot (partial days included).
10. Annual permits shall be valid for 12 months from the date of purchase, unless otherwise noted.
11. Parking fees are waived for visitors entering the park for the sole purpose of dining at the park restaurant at Douthat and Hungry Mother State Parks.
12. Parking fees are waived at state parks for participants in Walk for Parks, Fall River Renaissance, Envirothons, March for Parks, Operation Spruce-Up Day, Stewardship Virginia, National Trails Day, and other park-sanctioned public service events as approved by the director.
13. Daily parking fees are reduced to $1.00 for vehicles occupied by participants in fund-raising events sponsored by nonprofit organizations (Walk-A-Thons, etc.) provided the sponsor has obtained a special use permit from the park that contains provisions for the identification of participants in the event.
14. Parking fees shall be waived for persons using park roads to gain legal access to their private residence and guests to such residences; and for vehicles passing through, but not stopping in, a park on a public roadway.
15. Revenue collected from special event parking and/or admission fees may be divided between the park and the event sponsor if so designated and approved in the special event permit following a determination made by the director that the revenue split is in the benefit of the Commonwealth.
16. Annual Park/Launch pass also covers the park entrance or parking fee for horse trailers or other allowable trailers. Annual and Lifetime parking-only passes do not include trailers.
17. Parking fees are waived for service vehicles such as tow trucks when entering the park to service a visitor vehicle.
18. Parking fees are waived for visitors entering the park to attend a performance by a U.S. military band if this is a required condition for the band's performance.
19. Parking fees are included in the rental fees for meeting facilities, up to the capacity of the facility and provided that this waiver of fee is included in the rental agreement for the facility.
20. Parking fees are waived for a period of up to 15 minutes for persons entering the park to deposit materials in community recycling collection containers.
21. Parking fees are waived for vehicles occupied entirely by persons attending fee interpretive programs.
22. Annual parking passes that do not include boat launch require payment of daily launch fee if launching a boat at any park or for all vehicles using Croaker Landing/Pier Area at York River State Park.
23. Annual parking pass holders are not guaranteed the parking privileges of the pass should parking places be unavailable.
24. Parking fees are waived at Mason Neck during the park's annual Elizabeth Hartwell Eagle Festival.
4VAC5-36-60. Admission fees.
ADMISSION FEES (NONTAXABLE)
| DAILY ADMISSION PER PERSON (Weekdays and Weekends unless otherwise noted.) | ANNUAL PASS (Good for 12 months from date of purchase.) |
Shot Tower | Free | NA |
Southwest VA Museum | $1.50 (Groups of 10 or more any age) | $3.00 (age 6 through 12) per year |
$2.00 (Ages 6 through 12) | $5.00 (age 13 and over) per year |
$3.00 (Age 13 and up) | $15 (family: up to 2 adults and 2 children) per year |
Kiptopeke Fishing Pier Fishing Fee | $1.00 (Age 6 through 12) $3.00 (Age 13 and over) | NA |
Kiptopeke Fishing Pier Fishing Fee: Coupon book good for 10 visits | $20 per 10 Passes | NA |
Annual Night Fishing: All parks where available (also requires parking fee) | $15 per person per year | |
Late Night Fishing: All parks where available (also requires parking fee) | $3.00 per person per night | |
| ADMISSION |
Natural Tunnel Chairlift: | |
| Children under age 6 | Free |
| Round trip per person | $3.00 |
| One-way per person | $2.00 |
| Group Rate Round Trip per person (10 or more) | $2.00 |
| Season Pass | $20 |
| Daily Pass (Good for unlimited trips on date of issue, good for one person only) | $6.00 |
Archery Range: All parks where available; per person user fee | $2.00 per day (over 15) $1.00 per day (under 15) $15 per year (any age) |
New River Challenge Registration Fees | |
| Early Registration Fee: | $35 per person $90 per team |
| Late Registration Fee: | $45 per person $110 per team |
James River: River Raft Race Registration | $15 per person |
Pocahontas & New River Trail Horse Show Admission | $5 per person Children 12 & under free |
Park Sponsored Special Event Vendor Fees. All parks where available unless otherwise noted. | $125 per merchandise vendor $150 per food vendor $50 late fee |
Occoneechee Pow Wow | $150 per merchandise vendor $175 per food vendor |
Mason Neck Harvest Festival Event. | $50 per vendor |
Notes on admission/entrance fees:
1. Fees are waived at Natural Tunnel for use of the chairlift on one designated "Customer Appreciation Day" per year.
2. Museum entrance fees are waived at the Southwest Virginia Museum during the "Festival of Trees" event for members of groups who submitted trees for the display.
3. For park museums and historic features that charge an entrance fee, visitors participating in the Time Travelers program of the Virginia Association of Museums shall be charged the existing per person group rate for that facility.
4VAC5-36-70. Swimming fees.
SWIMMING (NONTAXABLE)
Daily Swimming Fees | WEEKDAYS | WEEKENDS |
All parks with fee swimming areas unless noted. | Under age 3 Free $2.00 (Age 3 through 12) $3.00 (Age 13 and over) | Under age 3 Free $3.00 (Age 3 through 12) $4.00 (Age 13 and over) |
| Staunton River, Natural Tunnel, and Westmoreland | Under age 3 Free $3.00 (Age 3 through 12) $4.00 (Age 13 and over) | Under age 3 Free $4.00 (Age 3 through 12) $5.00 (Age 13 and over) |
| Pocahontas | Under age 3 Free $5.00 (Age 3 through 12) $6.00 (Age 13 and over) | Under age 3 Free $7.00 (Age 3 through 12) $8.00 (Age 13 and over) |
| Group campers utilizing primitive group camps. All parks where available unless otherwise noted. | $1.00 (all ages) | $1.00 (all ages) |
| Pocahontas (Group Cabin Guests) | $3.00 (all ages) | $3.00 (all ages) |
| Chippokes Plantation: Recreation/Education Fun Package: Swimming, Mansion, and Farm & Forestry Museum (Memorial Day – Labor Day: Wed. – Sun.) | $3.50 (Age 3 through 12) $6.00 (Age 13 and over) | $3.50 (Age 3 through 12) $6.00 (Age 13 and over) |
Deposit on all locker keys: Refunded when key is returned. | $2.00 each |
Swimming Coupon Book: (Age 3 and over). All parks where available unless otherwise noted. | $18 $21 per 10 coupons $35 $40 per 20 coupons |
| Staunton River, Natural Tunnel, and Westmoreland | $24 $28 per 10 coupons $45 $53 per 20 coupons |
| Pocahontas | $35 $45 per 10 coupons $68 $86 per 20 coupons |
| WEEKDAYS | WEEKENDS |
Group Swimming: per person (10 persons or more). All parks where available unless otherwise noted, except Pocahontas. | $1.50 (Age 3 through 12) $2.50 (Age 13 and over) | $2.00 (Age 3 through 12) $3.00 (Age 13 and over) |
| Staunton River, Natural Tunnel, and Westmoreland Group Swimming (20 persons or more). Five-day advanced registration required. | $2.50 (all ages) | $3.50 (all ages) |
| Pocahontas Group Swimming (20 persons or more). Five-day advanced registration required. | $3.00 $4.00 (all ages) | $5.00 (all ages) |
Season Swimming Permit: All parks where available unless otherwise noted. | $40 (Age 3 through 12) $50 (Age 13 and over) |
| Staunton River, Natural Tunnel, and Westmoreland | $50 (Age 3 through 12) $60 (Age 13 and over) |
| Pocahontas | $60 (Age 3 through 12) $70 (Age 13 and over) |
After-Hours Exclusive Use of Pool or Swimming Area: All parks where available. Requires prior reservation. Rental period of approximately 1-2 hours, depending upon operating schedule and amount of available daylight. Cancellation fee charged if reservation is cancelled less than 3 days before the date of event unless cancellation is for inclement weather or cancelled by the park. | $100 (up to 25 persons) $125 (26 to 50 persons) $175 (51 to 75 persons) $200 (76 to 100 persons) $35 to open food concessions with rental $50 cancellation fee |
Swimming lessons. All parks where available unless otherwise noted. Package of eight 45-minute lessons (includes parking) | $30 per person $25 per person if two or more from same family |
| | | | |
Notes on swimming fees:
1. Nonswimming adults in street clothes admitted to swimming areas free when supervising children age 12 and under.
2. Rain check Policy for Swimming: All state parks will issue a rain check, good for a period of 12 months from the date of issue, to any paying customer (does not apply to free swimming vouchers) if the swimming area is forced to close for 40 minutes or more due to inclement weather. Rain checks may be issued only to patrons present at the swimming area at the time of closure.
3. A full refund is available for a group reservation only if the park or swimming area contractor is notified three days in advance of the time of the reservation. In the event that the group is unable to complete their reservation due to inclement weather, rain checks will be issued to the individual members of the group in the same manner as other park patrons.
4. All Season Swimming Permits include parking during the swimming season only.
5. Weekend rates apply on Memorial Day, Fourth of July, and Labor Day holidays.
4VAC5-36-90. Camping fees.
CAMPING FEES (TAXABLE, Price here does not include tax)
Camping fees include free use of dump station and free swimming and boat launching for members of the camping party during their stay at the property, when and where available, except that at Kiptopeke State Park guest is subject to applicable launch fee unless the trailer is returned to the campsite immediately after launching. The number of campers per campsite is limited to six individuals except when all campers are members of the same household. | ALL SEASONS (Per site fees) |
Standard Sites: No hookup; access to bathhouse and restrooms. | |
| All parks with standard sites unless noted below. | $16 per night |
| Chippokes Plantation, Hungry Mother, Grayson Highlands, Staunton River, Westmoreland, Occoneechee (nonwaterfront), Claytor Lake, Raymond R. "Andy" Guest, Jr. Shenandoah River, Smith Mountain Lake. | $20 per night |
| Occoneechee Waterfront Sites | $23 per night |
| Douthat, Kiptopeke, First Landing, Lake Anna. | $24 per night |
Water and Electric Sites: Access to water and electric hookups; access to bathhouse and restrooms. | |
| All parks where available unless noted below. | $22 per night |
| Chippokes Plantation, Claytor Lake, Douthat, Fairy Stone, Grayson Highlands, Hungry Mother, Occoneechee (nonwaterfront), Staunton River, Westmoreland, Pocahontas, Smith Mountain Lake, Belle Isle, James River. | $25 per night |
| Occoneechee Waterfront Sites | $28 per night |
| Kiptopeke, First Landing, Lake Anna. | $30 per night |
Water, Electric, and Sewage Sites: Access to water, electric, and sewage hookups; access to bathhouse and restrooms. | |
| Kiptopeke | $35 per night |
| Hungry Mother | $28 per night |
Primitive Camping Sites: primitive restrooms; no showers. | |
| All parks where available unless noted below. | $11 per night |
| James River, Sky Meadows. | $13 per night |
| Grayson Highlands: Sites with electricity (November, March and April when bathhouses are closed) | $15 per night |
| New River Trail Primitive camping sites at Foster Falls and Cliffview | $15 per night |
| New River Trail Water Trail Camping (no potable water) | $12 per night |
Horse Camping | |
| Horse Stall Fee | $7.00 per night (Outside Stalls) $9.00 per night (Inside Stall) |
Standard Rates | |
Primitive Group Camp Rental (camping in special primitive group areas) All parks where available. | |
| Up to 20 campers. | $61 for entire area per night |
| Up to 30 campers. | $91 for entire area per night |
| 31 or more campers, up to maximum capacity of group camp area. | $122 for entire area per night |
| Grayson Highlands: Primitive camping is available in the stable area November, March, and April. | $15 per site per night |
Special Group Camping Areas: | |
| Fairy Stone Group Campsites. | $20 per site per night |
| Twin Lakes, Cedar Crest Group Camping Area. | $210 for entire area per night |
| Chippokes Plantation: All 4 Sites; Group Rate; 24 persons maximum. Natural Tunnel Group Area. Grayson Highlands Group Area. James River Group Area. Shenandoah Group Area. | $67 per night (only available as entire group area) |
| Westmoreland Group Area. | $122 per night |
| Standard Buddy Sites: All parks where available unless noted below. | $78 per night |
| Douthat Buddy Sites. | $97 per night |
| James River Equestrian Group Area. | $91 per night |
Camping – Other Fees | |
| Pet Fees | $5.00 per pet per night |
| Dump Station Fee: Free to state park campers during stay. | $5.00 per use |
| Camping Reservation Cancellation Fee Individual Site. | $10 per reservation |
| Camping Reservation Cancellation Fee Group Sites. | $30 per reservation |
| Hiker or noncamper Shower Fee at Virginia State Parks. | $5.00 per person |
Notes on camping:
1. Check-out time is 3 p.m. and check-in time is 4 p.m.
2. Camping Transfer/Cancellation/Early Departure Policy.
a. Any fees to be refunded are calculated less the applicable cancellation fee(s).
b. Fees paid to the reservation center by credit card will be refunded to the original credit card charged.
c. Fees paid by check or money order to the reservation center, or by any method at the park, will be refunded by state check.
d. A customer may move a camping reservation to another date or park, referred to as a transfer, through the reservation center only, and prior to 4 p.m. on the scheduled date of arrival. If the reservation center will not be open again prior to the start date of the reservation, transferring is not an option. There is no fee to transfer.
e. A camping reservation may be canceled until 4 p.m. on the scheduled date of arrival but campers will be charged the cancellation fee. This cancellation fee applies to each separate reservation made.
f. Once the 4 p.m. check-in time is reached on the scheduled day of arrival, any adjustment to a reservation is considered an early departure.
g. After the check-in time is reached, the first night is considered used whether the site is occupied or not.
h. There is a one-night penalty, deducted from any amount available for refund, for early departure.
3. Campers are allowed two vehicles per campsite per day without charge of a parking fee. Additional vehicles, beyond two, must pay the prevailing parking fee in effect at the park for each day that the vehicle(s) is parked in the park. The number of vehicles allowed to park on the campsite varies according to site design and size of other camping equipment. No vehicles shall park on a campsite in other than the designated area for this purpose. Camper vehicles that do not fit on the site, whether or not they require the special camper vehicle fee, must park in the designated overflow parking area.
4. Each member of the camping party, except in primitive group areas, up to the maximum allowable per site, may receive an entrance pass to the park's swimming facility on the basis of one pass per night of camping. Passes only issued during days and seasons of operation of the swimming facility and only good during the member's registered stay.
5. Damage to campsites, not considered normal wear and tear, will be billed to the person registered for the campsite on an itemized cost basis.
6. At honor collection sites, the stated camping fees on this list shall be considered as having tax included. Honor collection is defined as the payment of the camping fee on-site at the park at a nonelectronic collection point at which the payment is placed in a box or safe provided for that purpose.
4VAC5-36-100. Cabin fees.
CABIN RENTALS (TAXABLE, Price here does not include tax)
| BASE RATE | VIRGINIA RESIDENTS |
PRIME SEASON CABIN AND LODGE RATES |
Cabin/Lodge Type | Per-Night Rental Fee | Per-Week Rental Fee | Per-Night Rental Fee | Per-Week Rental Fee |
| Efficiency | $84 | $502 | $75 | $450 |
| One Bedroom, Standard | $98 | $589 | $88 | $529 |
| One Bedroom, Waterfront or Water View | $108 | $652 | $97 | $582 |
| One Bedroom, Chippokes Plantation | $113 | $686 | $104 | $617 |
| Two Bedroom, Standard, all parks where available unless noted below | $112 | $680 | $102 | $613 |
| Two Bedroom, Bear Creek Lake, James River, Occoneechee, Lake Anna | $118 | $713 | $106 | $643 |
| Two Bedroom, Waterfront or Water View, all parks where available unless noted below | $125 | $749 | $112 | $674 |
| Two Bedroom, Waterfront or Water View, Bear Creek Lake, James River, Occoneechee, Lake Anna | $130 | $784 | $118 | $706 |
| Two Bedroom, First Landing, Chippokes Plantation | $132 | $791 | $119 | $712 |
| Three Bedroom, Standard, all parks where available unless noted below | $129 | $771 | $116 | $692 |
| Three Bedroom, Chippokes Plantation, Bel Air Guest House | $149 | $898 | $134 | $809 |
| Three Bedroom, Claytor Lake, Bear Creek Lake, James River, Occoneechee, Lake Anna, Southwest Virginia Museum Poplar Hill Cottage | $149 | $888 | $130 | $798 |
| Hill Lodge (Twin Lakes) | $167 | $1,002 | $150 | $902 |
| Fairy Stone Lodge (Fairy Stone), Creasy Lodge (Douthat), Bel Air Mansion (Belle Isle) | $301 | $1,802 | $270 | $1,622 |
| Douthat Lodge (Douthat), Hungry Mother Lodge (Hungry Mother), Potomac River Retreat (Westmoreland) | $354 | $2,124 | $318 | $1,913 |
| 6-Bedroom Lodge, Kiptopeke, James River, Claytor Lake, Occoneechee, Bear Creek Lake | $371 | $2,226 | $334 | $2,004 |
MID-SEASON CABIN AND LODGE RATES |
Cabin/Lodge Type | Per-Night Rental Fee | Per-Week Rental Fee | Per-Night Rental Fee | Per-Week Rental Fee |
| Efficiency | $74 | $446 | $67 | $401 |
| One Bedroom, Standard | $87 | $523 | $80 | $470 |
| One Bedroom, Waterfront or Water View | $96 | $574 | $86 | $519 |
| One Bedroom, Chippokes Plantation | $91 $101 | $548 $611 | $83 $93 | $494 $549 |
| Two Bedroom, Standard, all parks where available unless noted below | $101 | $605 | $91 | $545 |
| Two Bedroom, Bear Creek Lake, James River, Occoneechee, Lake Anna | $105 | $634 | $96 | $570 |
| Two Bedroom, Waterfront or Water View, all parks where available unless noted below | $111 | $666 | $100 | $599 |
| Two Bedroom, Waterfront or Water View, Bear Creek Lake, James River, Occoneechee, Lake Anna | $117 | $697 | $104 | $627 |
| Two Bedroom, First Landing, Chippokes Plantation | $106 $117 | $633 $704 | $95 $106 | $569 $634 |
| Three Bedroom, Standard, all parks where available unless noted below | $113 | $686 | $104 | $617 |
| Three Bedroom, Chippokes Plantation, Bel Air Guest House | $120 $133 | $718 $799 | $108 $119 | $646 $720 |
| Three Bedroom, Claytor Lake, Bear Creek Lake, James River, Occoneechee, Lake Anna, Southwest Virginia Museum Poplar Hill Cottage | $126 $133 | $752 $790 | $113 $116 | $677 $710 |
| Hill Lodge (Twin Lakes) | $149 | $891 | $133 | $802 |
| Fairy Stone Lodge (Fairy Stone), Creasy Lodge (Douthat), Bel Air Mansion (Belle Isle) | $267 | $1,603 | $240 | $1,442 |
| Douthat Lodge (Douthat), Hungry Mother Lodge (Hungry Mother), Potomac River Retreat (Westmoreland) | $315 | $1,892 | $284 | $1,702 |
| 6-Bedroom Lodge, Kiptopeke, James River, Claytor Lake, Occoneechee, Bear Creek Lake | $331 | $1,982 | $297 | $1,783 |
OFF-SEASON CABIN AND LODGE RATES |
Cabin/Lodge Type | Per-Night Rental Fee | Per-Week Rental Fee | Per-Night Rental Fee | Per-Week Rental Fee |
| Efficiency | $62 | $372 | $57 | $335 |
| One Bedroom, Standard | $72 | $436 | $65 | $392 |
| One Bedroom, Waterfront or Water View | $81 | $478 | $71 | $432 |
| One Bedroom, Chippokes Plantation | $69 $84 | $412 $508 | $62 $77 | $371 $457 |
| Two Bedroom, Standard, all parks where available unless noted below | $84 | $504 | $75 | $454 |
| Two Bedroom, Bear Creek Lake, James River, Occoneechee, Lake Anna | $88 | $528 | $79 | $475 |
| Two Bedroom, Waterfront or Water View, all parks where available unless noted below | $92 | $554 | $83 | $499 |
| Two Bedroom, Waterfront or Water View, Bear Creek Lake, James River, Occoneechee, Lake Anna | $97 | $581 | $87 | $522 |
| Two Bedroom, First Landing, Chippokes Plantation | $80 $98 | $475 $585 | $71 $88 | $426 $527 |
| Three Bedroom, Standard, all parks where available unless noted below | $95 | $570 | $85 | $512 |
| Three Bedroom, Chippokes Plantation, Bel Air Guest House | $89 $110 | $538 $664 | $82 $99 | $485 $597 |
| Three Bedroom, Claytor Lake, Bear Creek Lake, James River, Occoneechee, Lake Anna, Southwest Virginia Museum Poplar Hill Cottage | $93 $110 | $564 $657 | $85 $96 | $508 $591 |
| Hill Lodge (Twin Lakes) | $124 | $741 | $111 | $667 |
| Fairy Stone Lodge (Fairy Stone), Creasy Lodge (Douthat), Bel Air Mansion (Belle Isle) | $222 | $1,332 | $201 | $1,199 |
| Douthat Lodge (Douthat), Hungry Mother Lodge (Hungry Mother), Potomac River Retreat (Westmoreland)) | $263 | $1,573 | $237 | $1,415 |
| 6-Bedroom Lodge, Kiptopeke, James River, Claytor Lake, Occoneechee, Bear Creek Lake | $275 | $1,649 | $249 | $1,483 |
CAMPING CABINS, CAMPING LODGES, YURTS, AND TRAVEL TRAILERS (camping cabins, camping lodges, yurts, and travel trailers located in campgrounds and operated in conjunction with the campground) | Per-Night Rental Fee | Per-Week Rental Fee | Per-Night Rental Fee | Per-Week Rental Fee |
Camping Cabin rental rate: (2-night minimum rental required) | $56 $49 | NA | $48 $45 | NA |
| Yurt rental: Standard fee | $98 | $589 | $88 | $529 |
| Travel Trailers: 25-30' Standard fee | $98 | $589 | $88 | $529 |
| Camping Lodges: Standard fee | $98 | $589 | $88 | $529 |
Additional Cabin Fees: |
| Additional Bed Rentals | $3.00 per rental night |
| Additional linens at all parks unless otherwise noted. One set of linens is 1 sheet set (1 fitted sheet, 1 flat sheet, and 1 pillowcase) or 1 towel set (1 bath towel, 1 hand towel, and 1 washcloth or 2 bath towels and 1 washcloth) | $6.00 $2.00 per bed sheet set $2.00 per towel set |
| Cabin Cancellation Fee: Applies to all lodging in this section except as described below in "Lodge Cancellation Fee" | $20 per cancellation period: See notes on Cabin Transfer/Cancellation/Early Departure Policy. |
| Lodge Cancellation Fee: Applies to Fairy Stone Lodge, Douthat Lodge, Hungry Mother Lodge, Potomac River Retreat, and all 6-bedroom park lodges | $50 per cancellation period: See notes on Cabin Transfer/Cancellation/Early Departure Policy |
| Pet Fee | $10 per pet per night |
Pocahontas Group Cabins | DAY | WEEK |
| Algonquian Ecology Camp Dining Hall: When rented alone; 8 a.m. to 10 p.m. for day use, 24-hour use when rented with cabins | $236 | $1,181 |
| Swift Creek Dining Hall: When rented with a minimum of two cabins. 8 a.m. to 10 p.m. for day use, 24-hour use when rented with cabins | $105 $275 | $525 $1,375 |
| Dining Hall: fee for partial day rental when associated with full day rental as noted above | $140 | NA |
Cabin Units: per unit, per night – two units minimum in ecology camp. | $112 | $560 |
| One Unit – Capacity: 28 | $97 | $485 |
| Two Units – Capacity: 56 | $158 | $789 |
| Three Units – Capacity: 84 | $206 | $1,031 |
| Four Units – Capacity: 112 | $243 | $1,213 |
| Complete Algonquian Ecology Camp (Ecology Camp) (4 units: 112 capacity) with Dining Hall | $364 $460 | $1,820 $2,300 |
| Complete Swift Creek Camp (Group Camp #3) (2 units: 56 capacity) with Dining Hall | $279 $375 | $1,394 $1,875 |
Refundable security deposit charged for all reservations | $100 per reservation |
| | | | | | |
Notes on Pocahontas Group Cabins:
Pocahontas Group Cabins: Reservations of more than $200 or more require a 25% prepayment, due within 14 days of making the reservation, to hold a reservation. Balance of fees is due 60 days prior to the reservation start date. Reservations of less than $200 require payment in full to confirm the reservation, due within 14 days of making the reservation. Cancellations made 30 days or more prior to the first day of the reservation shall receive a refund less a $30 per unit cancellation fee. Cancellations made less than 30 days prior to the first date of the reservation receive no refund unless the units are subsequently rented, in which case the refund shall be full price minus $30 per unit.
Notes on cabins:
1. Seasonal cabin rates shall be in effect according to the following schedule, except for camping cabins, camping lodges, yurts, and travel trailers, which operate on the same schedule and season as the campground at that particular park. In the event that a weekly rental period includes two seasonal rates, the higher rate will apply for the entire weekly rental period.
PARK | PRIME SEASON | MID-SEASON | OFF-SEASON |
Bear Creek Lake*** Belle Isle Chippokes Plantation First Landing Kiptopeke*** Lake Anna*** Occoneechee*** Southwest Virginia Museum Staunton River Twin Lakes Westmoreland | Friday night prior to Memorial Day through the Sunday night prior to Labor Day | April 1 through the Thursday night prior to Memorial Day, and Labor Day through November 30 | December 1 through March 31 |
Claytor Lake Douthat Fairy Stone Hungry Mother James River*** Smith Mountain Lake | Friday night prior to Memorial Day through the Sunday night prior to Labor Day, and October 1 through October 31 | April 1 through the Thursday night prior to Memorial Day, and Labor Day through September 30, and November 1 through November 30 | December 1 through March 31 |
***Cabin or lodge facilities will be added; exact dates of completion unknown. |
2. All dates refer to the night of the stay; checkout time is 10 a.m. and check-in time is 3 p.m.
3. The following holiday periods are charged prime season weekend rates: the Wednesday, Thursday, Friday, and Saturday period that includes Thanksgiving Day; and Christmas Eve and Christmas Day; and New Year's Eve and New Year's Day.
4. Cabin guests are allowed two vehicles per cabin per day without charge of parking fee. Additional vehicles must pay the prevailing parking fee for each day that the vehicle is parked in the park. The number of vehicles allowed to park at the cabin varies according to site design and other factors. All vehicles must park in designated parking areas, either at the cabin or in the designated overflow parking area.
5. Lodge guests are allowed six vehicles per lodge per day without charge of parking fee. Additional vehicles must pay the prevailing vehicle parking fee for each day the vehicle is parked in the park. The number of vehicles allowed to park at the lodge varies according to site design and other factors. All vehicles must park in designated parking areas, either at the lodge or in the designated overflow parking area.
6. Damage to cabins, not considered normal wear and tear, may be billed to the person registered for the cabin on an itemized cost basis.
7. Each member of the cabin rental party, up to the maximum allowable for the rented unit, may receive an entrance pass to the park's swimming facility on the basis of one pass per night of rental. Passes are only issued during days and seasons of operation of the swimming facility and are only good during the member's registered stay.
8. Employees of DCR and the members of committees and boards of DCR shall receive a discount of 50% on applicable cabin rates for any season, when the rental of such cabins is in connection with the official business of DCR or its committees or boards.
Notes on cabin transfer/cancellation/early departure policy:
1. Any fees to be refunded are calculated less the applicable cancellation fees listed below.
2. Fees paid to the reservation center by credit card will be refunded to the original credit card charged.
3. Fees paid by check or money order to the reservation center, or by any method at the park, will be refunded by state check.
4. A customer may move a cabin reservation to another date or park, referred to as a transfer, through the reservation center only, and prior to 5 p.m. on the Monday before the scheduled date of arrival. After 5 p.m. on the Monday before the scheduled date of arrival, cancellation is the only option (see note 5 below) except that transfers to a different cabin for the same rental nights shall be allowed, subject to availability, up to the check in time for the original reservation.
5. Once the reservation is paid for, a customer may cancel in full with payment of the required cancellation fee if there are more than 30 days before the scheduled arrival date. As long as the reservation is not during the one-week minimum stay requirement period, the length of stay may be reduced without a fee as long as there are more than 30 days before the scheduled arrival. However, the length of stay cannot be less than two nights. During the 30 days prior to the scheduled arrival date, the cancellation fee is charged for each night cancelled or reduced from the stay. Once the official check-in time on the scheduled arrival date is reached, the cancellation policy is no longer in effect and the early departure policy applies.
6. Once the 3 p.m. check-in time is reached on the scheduled day of arrival, any adjustment to a reservation is considered an early departure. There is a two night minimum charge associated with all cabin stays. Reducing the total nights stayed will incur a $20 per night fee. If the original reservation was for a week, the weekly discount will no longer be valid and the fee will be adjusted to the nightly rate before any refunds are calculated.
4VAC5-36-110. Picnic shelters fees.
PICNIC SHELTERS (TAXABLE)
The shelter rental periods shall be from park opening until park closing, unless otherwise specified. | DAY |
Standard Small Picnic Shelter Rental Fee: Bear Creek Lake, Belle Isle, Caledon, Chippokes Plantation, Claytor Lake (including gazebo), Douthat, Holliday Lake, Hungry Mother (half shelter), Lake Anna, Natural Tunnel, New River Trail, Occoneechee, Pocahontas, Smith Mountain Lake, Twin Lakes, Westmoreland, York River, and all other small park picnic shelters. | $53 |
Standard Large Picnic Shelter Rental Fee: Belle Isle, Chippokes Plantation, Claytor Lake, Douthat Fairy Stone, First Landing, Grayson Highlands, Hungry Mother (full shelter), James River, Kiptopeke, Lake Anna, Natural Tunnel, Occoneechee, Pocahontas, Shenandoah, Smith Mountain Lake (Pavilion), Staunton River, Staunton River Battlefield, Twin Lakes, Westmoreland, York River, and all other large park picnic shelters. | $84 |
Shenandoah Large Group Shelter | $95 |
Leesylvania Shelter Rental | $126 |
Leesylvania: Lee's Landing Picnic Area Rental | $58 |
Leesylvania: Lee's Landing Picnic Shelter | $315 |
| With 15 tables and 100 chairs | $735 |
Mason Neck Picnic Area Rental |
| Without tent shelter | $58 |
| With tent shelter (seasonably available) | $126 |
Chippokes Plantation Conference Shelter (with kitchen) | $105 per function |
Chippokes Plantation Conference Shelter (without kitchen) | $63 per function |
Mini-Shelter: All parks where available unless otherwise noted. | $21 |
Event Tent Rental: Full day in-park rental only. Price includes set up and take down. |
| Standard fee: All parks where available unless otherwise noted. | $0.38 per square foot |
| Chippokes Plantation, Douthat, Kiptopeke, Lake Anna, Pocahontas, Shenandoah River, Sky Meadows, Smith Mountain Lake, York River. | $0.45 per square foot |
| False Cape, First Landing, Leesylvania, Mason Neck. | $0.50 per square foot |
| Standard 10' x 10' event tent | $25 per day |
| Westmoreland: 20' x 40' tent with tables and chairs | $400 per day |
| White String Lights for Tent | $0.80 per foot |
| Side Panels for Tent | $1.50 per foot |
Standard Shelter Cancellation Fee: Cancellation fee deducted from refund if refund is made more than 14 days prior to the reservation date. No refunds if cancellation made within 14 days prior to date. Shelter reservation may be transferred without penalty if the change is made through the reservations center prior to scheduled use. | $10 |
4VAC5-36-115. Horse arena fees.
HORSE ARENAS (TAXABLE)
| HALF-DAY | DAY |
Group Rental of Entire Horse Arena Facility | |
| New River Trail (includes lights) | $250 | $400 |
| Pocahontas (8 a.m. until dark, no lights available) | $180 | $300 |
| WEEKDAYS | WEEKENDS |
Individual Horse Arena Facility Use Daily Pass (does not include parking fee) | |
| New River Trail and Pocahontas | $5.00 per person | $6.00 per person |
Individual Horse Arena Facility Use Annual Pass (does not include parking fee) New River Trail and Pocahontas | $30 per person |
4VAC5-36-120. Amphitheater and gazebo fees.
AMPHITHEATERS AND GAZEBOS (TAXABLE, Price here does not include tax)
Amphitheater or Gazebo Rental Fee: The amphitheater or gazebo rental periods shall be from park opening until park closing unless otherwise specified. | DAY |
| Leesylvania, Fairy Stone, Staunton River, Kiptopeke and all other amphitheaters and gazebos unless noted below. | $32 |
| Claytor Lake (gazebo), Hungry Mother, Occoneechee, Westmoreland, New River Trail, Shenandoah River (overlook). | $53 |
| Smith Mountain Lake, Natural Tunnel (gazebo at Cove Ridge), James River, First Landing (gazebo at Chesapeake Bay Center). | $74 |
| Claytor Lake (gazebo) | $84 |
| York River and Douthat | $105 |
| Natural Tunnel and First Landing Amphitheaters: Private group or company rate: | $315 |
| Natural Tunnel and First Landing Amphitheaters: Educational group. | $158 |
| Natural Tunnel Amphitheater Wedding Package: Three consecutive half-day rental periods. | $420 per package |
| First Landing: Courtyard at Chesapeake Bay Center; includes amphitheater and gazebo. | $788 |
| First Landing: Additional hourly charge for hours beyond 10 p.m. for gazebo. | $11 per hour |
| First Landing: Additional hourly charge for hours beyond 10 p.m. for Courtyard. | $53 per hour |
| Fishing Tournament Staging. All parks where available. | $26 |
| Pocahontas Amphitheater Area: Without Heritage Center. Includes Amphitheater, Exhibit Area, Restrooms and use of sound system. | $630 |
| Pocahontas Amphitheater Area Plus Heritage Center | $840 |
| Parking Attendant (per attendant). | $11 per hour |
| Law Enforcement Officer (per officer). | $26 per hour |
| Natural Tunnel: Rental of Observation Deck at mouth of tunnel for dinner parties. Includes use of chairlift for transportation of guests and supplies and set-up/take-down of tables and chairs. | $300 per 4 hours |
| Natural Tunnel Amphitheater Concession Building | $42 |
| Natural Tunnel: Sound System Rental | $32 |
Stage Cover Rental: | |
| Occoneechee | $26 |
Standard Amphitheater/Gazebo Cancellation Fee: Cancellation fee deducted from refund if refund is made more than 14 days prior to the reservation date. No refunds if cancellation made within fourteen days prior to date. | $11 |
| All parks unless listed below. | $11 |
| Pocahontas Amphitheater or First Landing Courtyard | $105 |
4VAC5-36-140. Interpretive canoe, boat, and paddleboat fees.
INTERPRETIVE CANOE, BOAT, AND PADDLEBOAT PROGRAMS (NONTAXABLE)
Interpretive Canoe, Boat, and Paddleboat Tours: | FEE |
Environmental Education Group Canoe Tour: Available only to bona fide educational groups. Requires previous reservation and arrangements. Minimum 4 persons. Mason Neck and all other parks where available unless otherwise noted. | $3.00 per person |
Standard Canoe Interpretive Tour Fee for Individuals: Applies to canoe, rowboat, or paddleboat tours. Child riding as third passenger, where allowed, is free. | |
| Individuals at all parks unless noted below. | $5.00 per person |
| Individuals at Leesylvania, York River, Pocahontas, Kiptopeke. | $9.00 per person |
| Individuals at Mason Neck. | $15 per person |
| Individuals at Natural Tunnel. | $12 per person |
| Individuals at False Cape: Back Bay Interpretive Tour. | $16 per person |
| Family Groups at all parks unless noted below. Minimum 4 paying customers. | $4.00 per person |
| Family Groups at Leesylvania, Pocahontas, York River, Kiptopeke. Minimum 4 paying customers. | $6.00 per person |
| Family Groups at Mason Neck. | $9.00 per person |
| Group rate at Natural Tunnel (minimum 8 paying customers). | $10 per person |
Sunset, Moonlight, Dawn, or Extended Canoe Interpretive Tour Fee for Individuals: Applies to canoe, rowboat, or paddleboat tours. | |
| All parks where offered unless noted below. | $6.00 per person |
| Sunset, Dawn, Extended Canoe Interpretive Tour Fee for Individuals: Leesylvania, York River, New River Trail, Pocahontas. Mason Neck. | $11 per person $15 per person |
| Sunset, Dawn, Extended Canoe Interpretive Tour Fee for Individuals: New River Trail, Mason Neck. | $15 per person |
| Extended Canoe Interpretive Tour Fee for Individuals: Grayson Highlands. | $25 per person |
| Moonlight/Night Canoe Interpretive Tour Fee for Individuals: Leesylvania, York River, Pocahontas. Mason Neck. | $13 per person $20 per person |
| Moonlight/Night Canoe Interpretive Tour Fee for Individuals: Mason Neck. | $20 per person |
Sunset, Moonlight, Dawn, or Extended Canoe Interpretive Tour Fee for Family Groups: Applies to canoe, rowboat, or paddleboat tours. Minimum four paying customers. | |
| All parks where offered unless otherwise noted. | $5.00 per person |
| Sunset, Dawn, or Extended Canoe Interpretive Tour Fee for Family Groups: Leesylvania, Pocahontas, New River Trail, York River. Requires 4 or more paying customers. Mason Neck. | $7.00 per person $11 per person |
| Sunset, Dawn, or Extended Canoe Interpretive Tour Fee for Family Groups: New River Trail, Mason Neck. | $11 per person |
| Moonlight/Night Canoe Interpretive Tour Fee for Family Groups: Leesylvania, Pocahontas, and York River. Requires 4 or more paying customers. | $8.00 per person |
| Extended Canoe Interpretive Tour Fee for Family Groups: Grayson Highlands. | $25 per person |
| Overnight Canoe Tour: Mason Neck/Leesylvania/Widewater (includes tents and dinner). | $145 per person |
Bear Creek Lake: Willis River Interpretive Canoe Tour | |
| Short Trip. | $8.00 per person |
| Long Trip. | $10 per person |
Natural Tunnel Clinch River: | |
| Half-Day Trip Group Rate. Requires 8 or more paying customers. | $12 per person |
| Full-Day Trip. Group Rate. Requires 8 or more paying customers. | $20 per person |
| Half-Day Trip. Individuals. | $15 per person |
| Full-Day Trip. Individuals. | $25 per person |
| Overnight Trip. Individuals. | $45 per person |
| Short Trip. Clinchport to Copper Creek | $7.00 per person |
Interpretive Kayak Tour, Solo Kayak: Westmoreland and other All parks where available unless otherwise noted. | $16 per person |
Interpretive Kayak Tour, Solo Kayak: Westmoreland | $19 per person |
Interpretive Kayak Tour, Tandem Kayak: Westmoreland and other All parks where available unless otherwise noted. | $22 per kayak |
Interpretive Kayak Tour, Tandem Kayak: Westmoreland | $25 per kayak |
Interpretive Pontoon Boat Tour: All parks where available. | $2.00 (Age 3 through 12) $3.00 (Age 13 and over) |
Lake Excursion and Ecology Tour: All parks where available unless otherwise noted (limit 6 people per tour) | $10 per person |
| Claytor Lake | $15 $10 (Age 13 and over) $10 $7.00 (Age 3 through 12) |
| Rental of Entire Boat (Exclusive Use): Claytor Lake and other All parks where available | $60 per tour |
Note Notes on Interpretive Canoe, Boat, and Paddleboat Programs:
1. Cancellation Policy for group reservations: Guest must cancel four days prior to the tour date in order to receive a refund. Any guest canceling less than four days before the start of the reservation will not be eligible for a refund. A one-time $10 cancellation fee will apply per reservation regardless of number of boats reserved. In the event of inclement weather where the park must cancel, the guest will be offered either a complete refund or reservation transfer to another date.
2. Additional costs for supplies and materials may apply.
4VAC5-36-150. Interpretive and educational tours and program fees.
INTERPRETIVE AND EDUCATIONAL TOURS AND PROGRAMS (NONTAXABLE)
Interpretive and Educational Tours and Programs |
PARK | PROGRAM | FEE |
All parks unless otherwise noted: | Standard Interpretive Program: (Fee does not apply to informational programs such as campfire programs or roving interpretation). | $2.00 per person $6.00 per family |
Standard Night Hike or Evening Program | $3.00 per person $8.00 per family |
Standard Workshop Fee | $5.00 per child (Age 12 and under) $15 per adult (Age 13 and over) |
Standard Wagon Ride Program | $3.00 per person $8.00 per family $25 exclusive group |
Extended or Special Event Wagon Ride Program | $4.00 per person $10 per family $75 exclusive group booking |
Park Outreach Program: Price per park staff member conducting program | $10 for under 2 hours $25 for 2 to 3 hours $50 for 4 hours plus |
Standard Junior Ranger Program: 4-day program. All parks unless noted below. | $10 full program $3.00 per day |
Haunted Hike | $1.00 (Age 3 through 12) $3.00 (Age 13 and over) |
Geo Caching Interpretive Program. | $3.00 per person $8.00 per family $25 per group |
Nature-Themed Birthday Party: Includes a nature talk, hike, games, songs, and time in the Nature Center for gifts and cakes. At least one staff member is present to conduct activities. | $96 per hour plus materials cost for 12 children $8.00 per additional child |
Grayson Highlands | Junior Ranger Program | $5.00 per person per day |
Hayrides | $2.00 per child $3.00 per adult |
Adventure Rangers Interpretive Program | $10 per person per day |
Make a Birdhouse Program | $5.00 per person |
Make Your Own Hiking Stick Program | $3.00 per person |
2-Day Photography Class | $35 per person |
Occoneechee | Individual interpretive program pass: (Allows admission for one person to 4 interpretive programs valued at $3.00 or less) | $6.00 per pass |
Family interpretive program pass: (Allows admission for members of the same family to 4 interpretive programs valued at $8.00 or less) | $18 per pass |
Pocahontas | Nature Camps | $50 per 3-hour day for one week $100 per 6-hour day for one week child per program plus materials cost $30 per child plus materials cost for Jr. Assistant. The Jr. Assistant helps the park staff in conducting camp programs. |
Curious Kids | $3.00 per program |
Nature and Discovery Programs (School/Groups Outreach) | $40 per hour at park $60 per 1 and one-half hours at park $80 per 2 hours at park $50 per hour program at school or park (maximum 35 participants) $70 per 1 and one-half hours at school $90 per 2 hours at school $15 additional if over 30 miles from park program is outside of Chesterfield County |
Sky Meadows | Music Program | $5.00 per person |
A Day in Wildflower Woods | $8.00 per person |
Interpretive Program Series: 6-program series | $15 per person per program $54 per person per 4 programs $72 per person per 6 programs |
Southwest Virginia Museum | How Our Ancestors Lived (9-week children's series) | $10 per person for entire series $2.00 per person for individual program |
Workshop (Adult) | $10 per person |
Workshop (Children) | $5.00 per person |
Caledon | Caledon Eagle Tours | $6.00 per person $50 Flat Rate (minimum: 10; maximum: 20) |
All Group Programs up to 2 hours long | $5.00 per person |
Haunted Hay Ride | $12 per person |
Caledon Junior Ranger Program | $15 per person |
Special Program Bus Fee: Programs involving transportation within the natural area. | $3.00 per person |
Workshop (Adult) | $15 per person |
Workshop (Children) | $5.00 per person |
Natural Tunnel: Cove Ridge | Guided Programs | $25 per program (Maximum 30 participants) $25 facility fee (If applicable) |
Environmental Education (Children's Activities) | $25 per program (Maximum 30 participants) $25 facility fee (If applicable) |
3 or More Activities | $15 per program $25 facility fee (If applicable) |
Environmental Education (Adult Facilitation) | $15 per person |
Field Trips | Per program charge with use of center; chairlift passes, if required for program, included in cost |
Hungry Mother/ Hemlock Haven | Junior Naturalist Program | $4.00 per person per week $12 unlimited participation in interpretive season |
Kiptopeke | Birding Program (Hawk observatory/bird banding station) | $4.00 per person |
Birding Program (Group Rates) | $35 (Corporate) $25 (Nonprofit) |
York River | Guided Adventure Programs | $4.00 per person $40 per group (Minimum 12 persons) |
York River Children's Programs | $2.00 per person, single program $10 unlimited participation throughout Interpretive Season |
"Nature Party": Nature Themed Birthday Party for Children | $10 per person |
Westmoreland | Guided Program Fee | $25 per person |
Natural Tunnel | Junior Ranger Program (Includes T-Shirt) | $35 per person |
Standard Wagon Ride Program | $50 Exclusive Group Reservation |
Ranger Led Programs – Groups | $3.00 per person |
Hay Wagon and Hot Dog Roast | $10 per person |
Bike Tours - 2 hours | $10 per person |
Extended Bike Tours - 4 hours | $15 per person |
Canoe and Bike Tour - 4 hours | $20 per person |
Halloween Haunted House/Hay Wagon Ride | $3.00 (Age 3 through 12) $5.00 (Age 13 and over) |
Canoe/Hay Wagon Ride | $12 (Age 3 through 12) $15 (Age 13 and over) |
Mason Neck | Halloween Haunted House/Hay Wagon Ride | $5.00 per person |
Junior Ranger Program | $50 per person |
Holliday Lake | Field Archaeology Workshop | $25 per person |
Junior Ranger Program (3 half-day workshop) (Ages 6 to 13) | $25 per child |
False Cape | Wildlife Watch Tour – Per Person | $8.00 per person |
Astronomy Program | $10 per person |
Staunton River | Junior Ranger Program | $4.00 per session |
Interpretive Craft | $2.00 per person |
Down A Lazy River Guided Canoe Trip | $6.00 per child $8.00 per adult |
Hayride | $1.00 per person |
First Landing | Junior Ranger Program | $25 per person |
Kritter Kids | $25 per person |
Bear Creek Lake | Interpretive bike tours | $3.00 per person |
Leesylvania | Junior Ranger Program | $45 per person |
Halloween Haunted Hike | $2.00 per person $6.00 per group (4 person maximum) |
Interpretive Programs | $2.00 per person |
Kids Fishing Tournament | $2.00 per child |
Natural Tunnel | Pannel Cave Tour | $10 per person $7.00 per person (Family-Group; 8-person minimum) |
Bolling Cave Tours | $15 per person $12 per person (Family-Group; 8-person minimum) |
Stock Creek Tunnel Tour | $5.00 per person |
Westmoreland | Orienteering Program | $3.00 per person $25 per group (20 maximum) |
New River Trail | New River Trail Seniors Van Tour Full Day | $25 per person |
New River Trail Seniors Van Tour Half Day | $15 per person |
Bertha Cave Tour | $10 per person |
James River | Haunted Wagon Ride | $5.00 per person (Age 7 and over) Children 6 and under free |
Belle Isle | Triple Treat Program: Hayride/Canoe/Campfire | $10 per person |
Notes on interpretive and educational tours and programs:
Additional costs for supplies and materials may apply.
4VAC5-36-180. State park performing arts events fees.
STATE PARK PERFORMING ARTS EVENTS (NONTAXABLE)
State Parks Performing Arts Events: | FEE |
All parks unless otherwise noted below: | Under age 3 is free $3.00 (Age 3 through 12) $5.00 (Age 13 and over) |
Pocahontas Premier Shows | $8.00 per person advance tickets, includes daily parking fee $10 per person day of show Children 12 and under free $40 per person season tickets-includes daily parking fee for day of all Premier shows |
Natural Tunnel Gospel Singing Festival | $5.00 per vehicle |
Douthat Performing Arts in the Park | Under age 3 is free $4.00 (Age 3 through 12) $9.00 (Age 13 and over) |
Smith Mountain Lake: Music in the Park (per event) | Under age 12 is free $3.00 (Age 13 and over) |
| Pass for 10 events | $20 |
| Pass for 15 events | $28 |
Note on Performing Arts Event Fees:
Cancellation Policy for Performing Arts Programs:
1. Generally, all events go on rain or shine and no refunds will be given. If an event is canceled by management, a full refund will be provided to ticket holders if rescheduling is not an option. No refunds will be given for any reason other than event cancellation.
2. "Ticket as Voucher" policy for Performing Arts Series: Generally, all events go on rain or shine. Should a specific event/program in the series be canceled by management, the cancellation policy regarding refunds (see 1 above) applies. However, unused tickets, including tickets not used due to purchaser's own decision, retain face value that may be applied to entry to subsequent events, including events in future seasons. No refunds will be given for any reason other than event cancellation.
4VAC5-36-200. Miscellaneous rental fees.
RENTALS (TAXABLE; Price here does not include tax)
Bike Rentals (includes helmet) | FEE |
| All parks where available unless otherwise noted | $3.00 per hour $8.00 per half-day $15 per full-day |
| Claytor Lake | $4.00 per hour $25 per day |
| New River Trail, James River, Mason Neck | $5.00 per hour $12 per half-day $18 per day |
| First Landing | $5.00 per hour $16 per day |
Bike Helmet without bike rental | $1.00 |
Child Cart for bike | $5.00 |
Boat Rentals | |
Standard Paddle Boat Rental: | |
| All parks where available unless otherwise noted | $4.00 per half-hour $6.00 per hour |
| Fairy Stone, Westmoreland | $5.00 per half-hour $8.00 per hour |
| Smith Mountain Lake | $10 per half-hour $15 per one hour $60 $80 for 24 hours $30 additional for each day after first day |
Standard Canoe Rental: | |
| All parks where available unless otherwise noted. | $8.00 per hour $15 per half-day $25 per full-day $40 for 24 hours $100 per week |
| Smith Mountain Lake | $8.00 per half-hour $12 per one hour $60 for 24 hours $30 additional for each day after first day |
| Claytor Lake | $8 $10 per hour $25 $35 per half-day $40 $50 per day $50 per 24 hours |
| Leesylvania, Mason Neck | $7.00 per half-hour $12 per hour $35 per half-day $50 per day $60 per 24 hours |
| James River | $10 per hour (does not include shuttle) $40 per day (does not include shuttle) $120 per week (does not include shuttle) $12 per half hour past return time |
Standard Float Trips: | |
| Shenandoah River | $5.00 per person |
| James River | |
| | Bent Creek to Canoe Landing: | |
| | Canoe | $45 Max 3 people |
| | Single Kayak | $35 per kayak |
| | Double Kayak | $45 per kayak |
| | Canoe Landing to Dixon Landing: | |
| | Tubes | $10 per tube |
| | Group of four or more | $8.00 per tube |
| | Canoe | $15 per canoe |
| | Single Kayak | $15 per kayak |
| | Double Kayak | $15 per kayak |
| | Bent Creek to Dixon Landing: | |
| | Canoe | $50 per canoe |
| | Single Kayak | $40 per kayak |
| | Double Kayak | $50 per kayak |
| | Shuttle Service Only: | |
| | Bent Creek Shuttle | $5.00 per boat (canoe/kayak) $5.00 per person |
| | Tubes | $5.00 per person/Bent Creek Shuttle $2.00 between landings in park |
| | Late Fee | $12 per half hour past return time |
| New River Trail | $7.00 per hour $20 per half-day $30 per day $35 per half-day, includes canoe rental and shuttle $50 per full day, includes canoe rental and shuttle |
| Canoe Rental (includes shuttle) | |
| | Trip A: Austinville to Foster Falls | $35 per canoe |
| | Trip B: Ivanhoe to Austinville | $45 per canoe |
| | Trip C: Ivanhoe to Foster Falls | $50 per canoe |
| | Trip D: Foster Falls to Route 100 | $45 per canoe |
| | Trip E: Route 100 to Allisonia | $50 per canoe |
| | Trip F: Foster Falls to Allisonia | $55 per canoe |
| Kayak Rental (includes shuttle) | |
| | Trip A: Austinville to Foster Falls | $25 per kayak |
| | Trip B: Ivanhoe to Austinville | $35 per kayak |
| | Trip C: Ivanhoe to Foster Falls | $40 per kayak |
| | Trip D: Foster Falls to Route 100 | $35 per kayak |
| | Trip E: Route 100 to Allisonia | $40 per kayak |
| | Trip F: Foster Falls to Allisonia | $45 per kayak |
Standard Rowboat Rental, without motor: | |
| All parks where available unless otherwise noted | $6.00 per hour $12 per half-day $22 per full-day $36 per 24 hours $80 per week |
| Hungry Mother: Rowboats | $4.00 per hour $15 per day $40 per week |
| New River Trail: Rafts and flat-bottom boats | $7.00 per hour $20 per half-day $30 per day |
Standard Rowboat Rental with electric motor and battery: All parks where available unless otherwise noted | $10 per hour $20 per 4 hours $36 per day $100 per 4 days $150 per week |
Standard Motorboat Rental, 16-foot console steering, 25-45 horsepower outboard. All parks where available. | $18 per hour $90 per day |
Standard Fishing Boat Rental with gasoline motor and one tank of fuel: All parks where available. | $10 per hour (2-hour minimum) $50 per day |
Pedal Craft Rental: (Hydro-Bike, Surf-Bike, etc.) All parks where available unless otherwise noted. | |
| One person. | $8.00 per hour |
| Two person. | $10 per hour |
| Smith Mountain Lake: Hydro Bike | $8.00 per half hour $12 per hour $4.00 additional per hour after first hour $60 per 24 hours $30 additional per day after first day |
| Barracuda Boat. All parks where available | $10 per hour |
Solo Kayak Rental: | |
| All parks where available unless otherwise noted | $8.00 per hour $15 $20 per half-day $25 $30 per full-day day $40 for 24 hours $100 per week |
| Westmoreland | $9.00 per hour $17 per half-day $30 per day |
| Smith Mountain Lake | $8.00 per half hour $12 per hour $60 per 24 hours $30 additional per day after first day |
| Mason Neck | $6.00 per half-hour $10 per hour $35 per half-day $50 per day $60 per 24 hours |
| New River Trail | $7.00 per hour $20 per half-day $30 per day |
| James River | $7.00 per hour (does not include shuttle) $20 per day (does not include shuttle) $80 per week (does not include shuttle) $12 per half hour past return time |
| Claytor Lake | $8.00 per hour $25 per half-day $40 per day |
Tandem Kayak Rental: | |
| All parks where available unless otherwise noted. | $10 per hour $20 per half-day $30 per full-day $45 for 24 hours $120 per week |
| Westmoreland | $12 per hour $22 per half-day $36 per day |
| Smith Mountain Lake | $10 per half-hour $15 per hour $80 for 24 hours $30 additional for each day after first day |
| James River | $10 per hour (does not include shuttle) $35 per day (does not include shuttle) $120 per week (does not include shuttle) $12 per half hour past return time |
| Mason Neck | $8.00 per half-hour $15 per hour $45 per 4 hours $60 per day |
Smith Mountain Lake: 14-foot fishing boat with 5 hp (3 person capacity). Rental does not include fuel and oil. Damage deposit of $200 required. | $50 for 3-hours $10 additional per hour after first 3 hours $150 for 24 hours $30 additional per day after first day |
Claytor Lake: 14-foot Jon boat with 8 hp motor Damage deposit of $40 50% required | $15 per hour $45 per half-day $65 per day $78 per 24 hours |
Claytor Lake: 14.5-foot fishing boat with 9.9 hp motor Damage deposit of $40 50% required | $17 per hour $50 per half-day $75 per day $90 per 24 hours |
Claytor Lake: 14-foot v-hull boat with 25 hp motor Damage deposit of $75 50% required | $25 per hour $65 per half-day $100 per day $120 per 24 hours |
Claytor Lake: 17-foot v-hull with 140 hp motor Damage deposit of $150 50% required | $45 $60 per hour $110 $135 per half-day $175 $210 per day $210 per 24 hours |
Claytor Lake: 21-foot pontoon boat with 50 hp motor. Damage deposit of $150 50% required | $45 $60 per hour $110 $135 per half-day $175 $210 per day $210 per 24 hours |
Claytor Lake: 20-foot 17-foot bowrider with 135 hp motor. Damage deposit of $150 50% required | $60 $40 per hour $135 $115 per half day $210 $180 per day |
Claytor Lake: 20-foot pontoon boat with 90 hp motor. Damage deposit of 50% required | $40 per hour $110 per half-day $175 per day |
Claytor Lake: 24-foot pontoon boat with 75 hp motor. Damage deposit of 50% required | $45 per hour $125 per half-day $200 per day |
Claytor Lake: 30-foot pontoon boat with 115 hp motor. Damage deposit of 50% required | $60 per hour $160 per half-day $250 per day |
Claytor Lake: 18-foot bowrider with 190 hp motor. Damage deposit of 50% required | $45 per hour $125 per half-day $200 per day |
Claytor Lake: Water Sports Pontoon and Equipment Package: Includes 24-foot pontoon boat, 2 kayaks, tubing, and ski vests. | $300 per day |
Claytor Lake: Water Sports Speed Boat and Equipment Package: Includes 17-foot bowrider, water skis, kneeboard, towrope, ski ropes, and ski vests. | $250 per day |
Occoneechee: 17-1/2-foot fishing boat. Rental includes 30 gallons of fuel. Damage deposit of $200 required | $85 per hour $20 additional per hour after first hour $175 per 8 hours $875 per 7 day week |
Occoneechee: 20-foot pontoon boat with motor (8 person capacity) Rental includes 30 gallons of fuel. Damage deposit of $200 required. | $85 per hour $20 additional per hour after first hour $175 per 8 hours $875 per 7 day week |
Occoneechee: 22-foot pontoon boat with motor (10 person capacity) Rental includes 30 gallons of fuel. Damage deposit of $200 required. | $95 per hour $20 additional per hour after first hour $185 per 8 hours $925 per 7 day week |
Smith Mountain Lake: 18-20-foot Runabout with 190 hp (8 person capacity). Rental does not include fuel and oil. Damage deposit of $200 required. | $150 $165 for 3 hours $20 additional per hour after first 3 hours $240 $255 per 8 hours $305 $320 for 24 hours $100 additional per day after first day |
Claytor Lake: 18-foot pontoon boat (7 person capacity) Damage deposit of $100 50% required | $35 per hour $95 per 4 hours $160 per 8 hours $192 per 24 hours |
Claytor Lake: 22-foot pontoon boat (11 person capacity) Damage deposit of $150 required | $55 per hour $125 per 4 hours $200 per 8 hours $240 per 24 hours |
Smith Mountain Lake: 24-foot pontoon boat with 40 hp (10-12 person capacity). Damage deposit of $200 required. | $80 $90 for 3 hours $20 additional per hour after first 3 hours $160 $165 per 8 hours $200 $215 for 24 hours $80 additional each day after first day |
Smith Mountain Lake: Personal Watercraft (Waverunner 700). Rental does not include fuel and oil. Damage deposit of $500 required. | $150 $180 for 3 hours $20 additional per hour after first 3 hours $240 $270 per 8 hours $305 $335 for 24 hours $100 $130 additional per day after first day |
Belle Isle: Motorboat less than 25 horsepower (6 (3 gallons of fuel included, 2-hour minimum) | $15 per hour $60 per half-day $90 $100 per day |
Belle Isle: Motorboat 25-49 horsepower (11 gallons of fuel included, 2-hour minimum) | $22 per hour $70 per half-day $110 per day |
Standard Damage/Replacement Fees: All parks where available unless otherwise noted. Not required for damage due to normal wear and tear. | |
| Paddle | $20 |
| Anchor/Rope | $40 |
| Fuel Tank/Hose | $60 |
| Fire Extinguisher | $25 |
| Throw Cushion | $10 |
| Propeller (small) | $100 |
| Propeller (large) | $135 |
| Personal Flotation Device (PFD): replacement fee for lost/damaged PFD | $25 each |
Other Rentals: | |
Personal Flotation Device (PFD): When separate from boat rental. | $1.00 per day |
Smith Mountain Lake, James River: Personal Floatation Device, type II. | $5.00 for first day $1.00 additional days |
Smith Mountain Lake: Personal Floatation Device, type III | $7.00 for first day $2.00 additional days |
Canoe/Kayak Paddles: All parks where available unless otherwise noted. | $5.00 per day |
New River Trail: Float Tubes | $5.00 per hour $12 per half-day $10 $18 per day |
James River: | |
| Cooler Tubes | $3.00 per day |
| Seat Backs (kayaks) | $3.00 per day |
| Tubes | $8.00 per hour (does not include shuttle) $20 per day (does not include shuttle) $12 per half hour past return time |
Claytor Lake: 2-person tow tube and towrope (with rental of boat only) | $20 per 2 hours $25 per half-day $30 per day |
Claytor Lake: Water skis and towrope (with rental of boat only) | $20 per 2 hours $25 per half-day $30 per day |
Claytor Lake: Kneeboard and towrope (with rental of boat only) | $15 per 2 hours $20 per half-day $25 per day |
Smith Mountain Lake: Tow tube; Water Skis; Knee Board | $15 per day with boat rental $5.00 per additional day $25 per day without boat rental |
Smith Mountain Lake: Wake Board | $25 per day with boat rental $10 per additional day $30 per day without boat rental |
Mobile Pig Cooker: All parks where available unless otherwise noted. | $40 per day |
GPS Units | $6.00 per unit per half-day $10 per unit per day |
Volleyball Net and Ball Rental: All parks where available. | $10 |
Binocular Rentals (2 hours): All parks where available. | $2.00 |
Beach Floats: All parks where available. | $1.00 per hour $3.00 for 4-hours $5.00 for full-day |
Surf Lounge Floating Chair Rental. All parks where available. | $2.00 per hour, single chair $5.00 per half-day, single chair $7.00 per full day, single chair $3.00 per hour, double chair $7.00 per half-day, double chair $10 per full day, double chair |
Body Board: First Landing | $6.00 per day |
Beach Umbrella: All parks where available unless otherwise noted. | $3.00 per hour $8.00 for 4 hours $15 for full-day |
| First Landing | $6.00 per day |
| Kiptopeke | $5.00 per 4 hours $8.00 per 8 hours |
Beach Chair: All parks where available | $5.00 per day |
| First Landing | $6.00 per day |
Fishing Rods: All parks where available unless otherwise noted. | $5.00 per half-day |
| First Landing | $6.00 per day $3.00 per rod per fishing program |
Tents with a group camp reservation. All parks where available. | |
| 2-person tent | $12 per day |
| 3-person tent | $20 per day |
| 4-person tent | $25 per day |
| 5-person tent | $30 per day |
Coin-Operated Washing Machine: All parks where available unless otherwise noted. | $1.25 per load, tax included |
| First Landing | $1.50 per load, tax included |
Coin Operated Dryer: All parks where available unless otherwise noted. | $1.25 per load, tax included |
| First Landing | $1.50 per load, tax included |
6-Foot Table (Includes 6 chairs) Additional chairs: | $20 per rental period $3.00 each per rental period |
Pump Out: All parks where available unless otherwise noted. | $5.00 |
Horse Rentals: | |
| All parks where available unless otherwise noted. | $20 per one-hour ride $40 per two-hour ride $100 per full day ride |
| Sky Meadows | $30 per one-hour ride $55 per two-hour ride $45 per 1.5-hour theme ride $10 pony rides, includes photo $250 per week, day camp (10% family discount) |
Pony Rides: All parks where available unless otherwise noted. | $5.00 per 15 minutes |
Horseback Riding Lessons: All parks where available unless otherwise noted. | $25 per lesson on group basis $30 per lesson for individual |
Horseback Summer Day Camp: All parks where available unless otherwise noted. | $180 per person per week |
Horseshoe or Croquet Rental for Campers. All parks where available. | $1.00 per hour $5.00 per day $20 deposit |
4VAC5-36-210. Conference center and meeting facility fees.
CONFERENCE CENTERS (TAXABLE)
Prices may be discounted and/or waived by the director when necessary to create competitive bids for group sales. | FEE |
Hemlock Haven Conference Center at Hungry Mother | |
| Main Hall (Capacity: 375) | $263 per day |
| Upper Level (Capacity: 50) | $158 per day |
| Redbud Room: (Capacity 35) | $53 per day |
| Laurel Room (Capacity: 20) | $37 per day |
| Entire Meeting Room Complex | $420 per day |
| Day Use Recreational Package (Includes all outside recreational facilities) | |
| | 0 – 250 Persons | $263 per half-day $525 per full-day |
| | 250 – 500 Persons | $394 per half-day $788 per full-day |
| | 500 + persons | $525 per half-day $1,050 per full-day |
Cedar Crest Conference Center at Twin Lakes | |
| Complex: Doswell Hall with deck, grounds, volleyball, horseshoes; Kitchen, Latham and Hurt Rooms NOT included. | $229 per 4 hours $459 per day $53 each extra hour |
| Doswell Meeting Room: Meeting Room Only; no kitchen or dining room. | $164 per room per 4 hours $328 per room per day $37 each extra hour |
| Small breakout rooms with main room: Latham and Hurt. | $65 per room per 4 hours $131 per room per day $21 each extra hour |
| Small breakout rooms without main room. | $98 per room per 4 hours $196 per room per day $37 each extra hour |
| Picnic Shelter or Gazebo at Cedar Crest. | $68 per 4 hours $131 per day $11 each extra hour |
| Kitchen rental Only available with complex rental. | $105 per event |
| Kitchen Cleaning Fee: Deposit. | $150 per event |
Chippokes Plantation Meeting, Conference, and Special Use Facilities | |
| Mansion Conference Room. | $26 per hour |
| Mansion or Historic Area Grounds (Includes parking for party rental). | $525 per 4 hours |
| Mansion Board Room | $105 per 4 hours |
| Chippokes Plantation Conference Shelter (Available on reservation basis only). | $105 per 4 hours |
| Wedding Package (includes historic area grounds, gardens, tent set up and take down, 10 60-inch round tables, 10 standard size rectangle tables, 100 folding chairs, Wedding Coordinator, changing room for bride and groom, Mansion kitchen area, boardroom, no fee for wedding rehearsal). | $1,412 per 4 hours $2,073 per 8 hours $50 nonrefundable reservation fee |
Southwest Virginia Museum – Victorian Parlor Room Rental (Based on 4-hour rental) | DAY | EVENING |
| Option #1: Victorian Parlor – Basic Room Package (Includes tables with linen and chairs) | |
| | Up to 22 People (6 tables – 22 chairs) | $31 | $57 |
| | 23 to 30 People (8 tables – 30 chairs) OR Up to 50 people (50 chairs and head table) | $42 | $68 |
| Option #2: Victorian Parlor – Executive Room Package (Includes tables with linen and chairs, water pitcher with glasses, coffeepot with cups (coffee not included), AV equipment, and presentation aids) | |
| | Up to 22 People (6 tables – 22 chairs) | $52 | $78 |
| | 23 to 30 People (8 tables – 30 chairs) OR Up to 50 people (50 chairs and head table) | $68 | $94 |
| Option #3: Additional meeting rooms: Victorian Parlor must be rented in order to rent additional rooms. | |
| | Hallway (downstairs) (Includes two existing tables with linens) | $11 | $11 |
| | Each Additional Table with Linens | $11 | $11 |
| | Small Parlor: AV room or Big Stone Gap Photo room (Includes 1 table with linens and 6-8 chairs) | $31 | $31 |
| | Big Stone Gap Development Room (Includes 1 table with linens and 6-8 chairs) | $41 | $41 |
| | Additional Hours | $5.00 per hour | $5.00 per hour |
| | Wedding Portraits | $52 per 2 hours | $78 per 2 hours |
Wilderness Road (Mansion and Ground Rental) | |
| Mansion or Lawn: separately | $63 for 4 hours |
| Mansion and Lawn: combined | $105 for 4 hours |
| Additional hours beyond scheduled operating hours | $11 per hour |
Cove Ridge Center at Natural Tunnel: | PRIVATE FEE | EDUCATIONAL FEE |
| Cove Ridge Center Annual Membership: Membership entitles organization to a 25% discount on facility rental fees and group rates on all programming offered through the center. | $1,050 per year | $525 per year |
| Day Use: Exclusive use of the auditorium, meeting room, resource library, catering kitchen, great room with stone fireplace and deck for two consecutive half-day rental periods, and parking passes. | $315 | $210 |
| Overnight Use of one dorm: Includes Day Use Package plus one dorm rooms for one night and swimming (in season). | $683 | $498 |
| Overnight Use of both dorms: Includes Day Use Package plus two dorm rooms for one night and swimming (in season). | $892 | $656 |
| Wedding Package Day Use: Exclusive use of the auditorium, meeting room, resource library, catering kitchen, great room with stone fireplace and deck for three consecutive half-day rental periods, and parking passes. | $525 | NA |
| Wedding Package Overnight: Includes Day Use Package plus one dorm for one night and swimming (in season). | $919 | NA |
| Wedding Package Overnight: Includes Day Use Package plus both dorms for one night and swimming (in season). | $1,102 | NA |
| Wedding Package with Amphitheater: Rental of the park amphitheater in conjunction with any of the above wedding packages. | $236 for the rental period | NA |
| Removal of furniture from great room (only available with exclusive use of the center). | $42 | $42 |
| Additional seating on deck (only available with exclusive use of the center). | $42 | $0 |
| Auditorium | $126 per half day $231 per full day | $99 per half day $183 per full day |
| Classroom – Library (half-day) | $63 | $31 $47 |
| One dorm: Overnight lodging for up to 30, includes swimming (in season) and parking passes. | $420 per night April 1-October 31 $378 per night November 1-March 31 | $315 per night April 1-October 31 $283 per night November 1-March 31 |
| Both Dorms: Overnight lodging for up to 60, includes swimming (in season) and parking passes. | $630 per night April 1-October 31 $567 per night November 1-March 31 | $472 per night April 1-October 31 $425 per night November 1-March 31 |
| Per Person Student Rate for Overnight Dorm Use | $13 per person | $13 per person |
| Kitchen Use (when not included in package) | $26 $50 per event | $26 $50 per event |
Heritage Center at Pocahontas: All reservations require 50% down at time of reservation (Nonrefundable within 14 days of event) | PRIVATE FEE | EDUCATIONAL FEE |
| Large Room (Capacity: seated at tables 50; reception style 125, auditorium 80: includes tables, chairs and warming kitchen) | $131 per 4 hours $236 per full-day $26 each extra hour | $78 per 4 hours $141 per full-day $15 each extra hour |
Westmoreland | FEE |
| Tayloe and Helen Murphy Hall Meeting Facility: Includes Main Meeting Room, Kitchen, and Grounds | $350 $400 (8 a.m. to 10 p.m.) $315 additional rental days after first day $25 per hour for usage beyond reservation period |
| Potomac Overlook Rental | $55 per day |
| Breakout Meeting Room (May be rented separately from main meeting room only within 45 days of event. | $75 (8 a.m. to 10 p.m.) |
| Kitchen Clean Up Fee: (Waived if renter cleans facility) | $250 per event |
| Wedding Package - Includes half-day rental for wedding rehearsal, and a full-day rental for wedding/reception | $300 |
| Potomac River Retreat: Table and Chair Set-up | $40 |
Fairy Stone | |
| Fayerdale Hall Meeting Facility | $236 (8 a.m. to 10 p.m.) |
| Wedding Package - Includes full-day rental for wedding rehearsal, and a full-day rental for wedding/reception. | $315 |
Douthat | |
| Restaurant (includes table set-up) | $236 |
| Allegheny Room: Up to 30 persons. | $158 per day |
| Wedding Package: Conference room and amphitheater (see "amphitheater section") on day of wedding, plus an extra half-day amphitheater for rehearsal. | $289 |
First Landing | |
| Trail Center Conference Room (Capacity: 45) | $42 per half-day $63 per full-day |
Lake Anna | |
| Visitor Center | $32 per half-day $53 per full day |
| Concessions Building Rental | $100 per day |
Bear Creek Lake | |
| Meeting facility | $236 per day $25 each extra hour |
| Wedding Package | $315 per day |
Claytor Lake | |
| Marina Meeting Facility: Includes facility, chairs, and tables. | $400 $550 per day $825 per two days |
| Wedding Package: Includes rental of facility for two consecutive days (8 a.m. to 10 p.m.), chairs, and tables, gazebo, and special use permit ($10 permit fee is waived with package). Linens are not included in the rental package. | $700 $625 per day package $995 per two-day package |
| Meeting Package: Includes rental of facility for three consecutive days (8 a.m. to 10 p.m.), all usage of audiovisual equipment. Linens are not included in the rental package. | $1,000 |
Leesylvania Wedding/Function Package: Includes Rental of: Lee's Landing Picnic Shelter, 100 Chairs, 15 Tables, and Parking for up to 50 vehicles | $840 per half-day $945 per full-day |
Mason Neck | |
| Wedding Package: 20 foot by 40 foot tent, 100 chairs, parking for up to 50 cars | $788 per event |
| Parking Attendant | $53 per 4 hours |
Smith Mountain Lake | |
| Meeting room at Visitor Center | $158 per day |
| Exceeding approved hours. All parks unless otherwise noted below. | $25 per hour |
Sky Meadows | |
| Timberlake House Meeting Room | $50 per half-day $75 per day |
| Timberlake House Kitchen (in conjunction with rental of meeting room) | $25 per day or part of day |
Equipment and Services Associated with Meetings and Rentals: | |
| Microphone/Podium Rental | $15 per day |
| Linen Rentals: | |
| | Table cloth only Place settings | $3.00 per table $2.00 each |
| Twin Lakes | |
| | Overlay | $1.25 per table |
| | Napkins | $0.40 per napkin |
| Fax | First 2 pages free $2.00 each extra page |
| Copies | Single copy free $0.15 each extra copy |
| Lost Key Fee | $10 |
| Easels | $5.00 per day |
| Overhead Projector | $10 per day |
| TV with VCR | $10 |
| Second TV | $10 |
| Overhead Projector with Screen | $10 |
| Slide Projector with Screen | $10 |
| Flip Chart | $10 |
Event Clean Up Fees | |
| Park labor to clean up after special events and facility rentals if not done in accordance with rental agreement or use permit | $50 per hour |
Notes on conference and meeting facilities fees:
Conference and meeting facilities require a 30% prepayment due 10 days after making reservation, and payment of the full balance prior to or on the first day of the reservation. Cancellations made 14 or more days prior to the first day of the reservation shall be charged the lesser of 10% of the total fee or $100. Cancellations made less that 14 days prior to the first date of the reservation shall be charged 30% of the total fee.
VA.R. Doc. No. R09-1620; Filed November 5, 2008, 11:34 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF FORESTRY
Final Regulation
REGISTRAR'S NOTICE: The following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant to Chapter 321 of the 2008 Acts of Assembly.
Titles of Regulations: 4VAC10-10. Public Participation Guidelines (repealing 4VAC10-10-10, 4VAC10-10-20, 4VAC10-10-30).
4VAC10-11. Public Participation Guidelines (adding 4VAC10-11-10 through 4VAC10-11-110).
Statutory Authority: §§ 2.2-4007.02 and 10.1-1101 of the Code of Virginia.
Effective Date: December 24, 2008.
Agency Contact: Ronald S. Jenkins, Administrative Officer, Department of Forestry, 900 Natural Resources Drive, Suite 800, Charlottesville, VA 22903, telephone (434) 977-6555, FAX (434) 293-2768, or email ron.jenkins@dof.virginia.gov.
Summary:
The regulations comply with the legislative mandate (Chapter 321, 2008 Acts of Assembly) that agencies adopt model public participation guidelines issued by the Department of Planning and Budget by December 1, 2008. Public participation guidelines exist to promote public involvement in the development, amendment, or repeal of an agency's regulations.
This regulatory action repeals the current public participation guidelines and promulgates new public participation guidelines as required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public participation guidelines include (i) providing for the establishment and maintenance of notification lists of interested persons and specifying the information to be sent to such persons; (ii) providing for public comments on regulatory actions; (iii) establishing the time period during which public comments shall be accepted; (iv) providing that the plan to hold a public meeting shall be indicated in any notice of intended regulatory action; (v) providing for the appointment, when necessary, of regulatory advisory panels to provide professional specialization or technical assistance and negotiated rulemaking panels if a regulatory action is expected to be controversial; and (vi) providing for the periodic review of regulations.
CHAPTER 11
PUBLIC PARTICIPATION GUIDELINES
Part I
Purpose and Definitions
4VAC10-11-10. Purpose.
The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Department of Forestry. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
4VAC10-11-20. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
"Agency" means the Department of Forestry, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.
"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.
"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc advisory panel of interested parties established by an agency to consider issues that are controversial with the assistance of a facilitator or mediator, for the purpose of reaching a consensus in the development of a proposed regulatory action.
"Notification list" means a list used to notify persons pursuant to this chapter. Such a list may include an electronic list maintained through the Virginia Regulatory Town Hall or other list maintained by the agency.
"Open meeting" means any scheduled gathering of a unit of state government empowered by an agency's basic law to make regulations or decide cases, which is related to promulgating, amending or repealing a regulation.
"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.
"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.
"Regulation" means any statement of general application having the force of law, affecting the rights or conduct of any person, adopted by the agency in accordance with the authority conferred on it by applicable laws.
"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.
"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.
"Town Hall" means the Virginia Regulatory Town Hall, the website operated by the Virginia Department of Planning and Budget at www.townhall.virginia.gov, which has online public comment forums and displays information about regulatory meetings and regulatory actions under consideration in Virginia and sends this information to registered public users.
"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, which is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act.
Part II
Notification of Interested Persons
4VAC10-11-30. Notification list.
A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.
B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency. Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier.
C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.
D. When electronic mail is returned as undeliverable on multiple occasions at least 24 hours apart, that person may be deleted from the list. A single undeliverable message is insufficient cause to delete the person from the list.
E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.
F. The agency may periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list.
4VAC10-11-40. Information to be sent to persons on the notification list.
A. To persons electing to receive electronic notification or notification through a postal carrier as described in 4VAC10-11-30, the agency shall send the following information:
1. A notice of intended regulatory action (NOIRA).
2. A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
3. A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.
B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.
Part III
Public Participation Procedures
4VAC10-11-50. Public comment.
A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to submit data, views, and arguments, either orally or in writing, to the agency. Such opportunity to comment shall include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
2. The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.
B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:
1. For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
2. For a minimum of 60 calendar days following the publication of a proposed regulation.
3. For a minimum of 30 calendar days following the publication of a reproposed regulation.
4. For a minimum of 30 calendar days following the publication of a final adopted regulation.
5. For a minimum of 30 calendar days following the publication of a fast-track regulation.
6. For a minimum of 21 calendar days following the publication of a notice of periodic review.
7. Not later than 21 calendar days following the publication of a petition for rulemaking.
C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.
D. If the Governor finds that one or more changes with substantial impact have been made to a proposed regulation, he may require the agency to provide an additional 30 calendar days to solicit additional public comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.
E. The agency shall send a draft of the agency's summary description of public comment to all public commenters on the proposed regulation at least five days before final adoption of the regulation pursuant to § 2.2-4012 E of the Code of Virginia.
4VAC10-11-60. Petition for rulemaking.
A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.
B. A petition shall include but is not limited to the following information:
1. The petitioner's name and contact information;
2. The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
3. Reference to the legal authority of the agency to take the action requested.
C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.
D. The petition shall be posted on the Town Hall and published in the Virginia Register.
E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.
4VAC10-11-70. Appointment of regulatory advisory panel.
A. The agency may appoint a regulatory advisory panel (RAP) to provide professional specialization or technical assistance when the agency determines that such expertise is necessary to address a specific regulatory issue or action or when individuals indicate an interest in working with the agency on a specific regulatory issue or action.
B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.
C. A RAP may be dissolved by the agency if:
1. The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.
4VAC10-11-80. Appointment of negotiated rulemaking panel.
A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.
B. An NRP that has been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated with the development of the regulation;
2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
3. The agency determines that resolution of a controversy is unlikely.
4VAC10-11-90. Meetings.
Notice of any open meeting, including meetings of a RAP or NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with § 2.2-3707 D of the Code of Virginia allowing for contemporaneous notice to be provided to participants and the public.
4VAC10-11-100. Public hearings on regulations.
A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.
C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:
1. The agency's basic law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a public hearing; or
3. The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.
D. Notice of any public hearing shall be posted on the Town Hall and Commonwealth Calendar at least seven working days prior to the date of the hearing. The agency shall also notify those persons who requested a hearing under subdivision C 3 of this section.
4VAC10-11-110. Periodic review of regulations.
A. The agency shall conduct a periodic review of its regulations consistent with:
1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
2. The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.
B. A periodic review may be conducted separately or in conjunction with other regulatory actions.
C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.
VA.R. Doc. No. R09-1428; Filed November 4, 2008, 8:55 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF FORESTRY
Final Regulation
REGISTRAR'S NOTICE: The following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant to Chapter 321 of the 2008 Acts of Assembly.
Titles of Regulations: 4VAC10-10. Public Participation Guidelines (repealing 4VAC10-10-10, 4VAC10-10-20, 4VAC10-10-30).
4VAC10-11. Public Participation Guidelines (adding 4VAC10-11-10 through 4VAC10-11-110).
Statutory Authority: §§ 2.2-4007.02 and 10.1-1101 of the Code of Virginia.
Effective Date: December 24, 2008.
Agency Contact: Ronald S. Jenkins, Administrative Officer, Department of Forestry, 900 Natural Resources Drive, Suite 800, Charlottesville, VA 22903, telephone (434) 977-6555, FAX (434) 293-2768, or email ron.jenkins@dof.virginia.gov.
Summary:
The regulations comply with the legislative mandate (Chapter 321, 2008 Acts of Assembly) that agencies adopt model public participation guidelines issued by the Department of Planning and Budget by December 1, 2008. Public participation guidelines exist to promote public involvement in the development, amendment, or repeal of an agency's regulations.
This regulatory action repeals the current public participation guidelines and promulgates new public participation guidelines as required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public participation guidelines include (i) providing for the establishment and maintenance of notification lists of interested persons and specifying the information to be sent to such persons; (ii) providing for public comments on regulatory actions; (iii) establishing the time period during which public comments shall be accepted; (iv) providing that the plan to hold a public meeting shall be indicated in any notice of intended regulatory action; (v) providing for the appointment, when necessary, of regulatory advisory panels to provide professional specialization or technical assistance and negotiated rulemaking panels if a regulatory action is expected to be controversial; and (vi) providing for the periodic review of regulations.
CHAPTER 11
PUBLIC PARTICIPATION GUIDELINES
Part I
Purpose and Definitions
4VAC10-11-10. Purpose.
The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Department of Forestry. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
4VAC10-11-20. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
"Agency" means the Department of Forestry, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.
"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.
"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc advisory panel of interested parties established by an agency to consider issues that are controversial with the assistance of a facilitator or mediator, for the purpose of reaching a consensus in the development of a proposed regulatory action.
"Notification list" means a list used to notify persons pursuant to this chapter. Such a list may include an electronic list maintained through the Virginia Regulatory Town Hall or other list maintained by the agency.
"Open meeting" means any scheduled gathering of a unit of state government empowered by an agency's basic law to make regulations or decide cases, which is related to promulgating, amending or repealing a regulation.
"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.
"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.
"Regulation" means any statement of general application having the force of law, affecting the rights or conduct of any person, adopted by the agency in accordance with the authority conferred on it by applicable laws.
"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.
"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.
"Town Hall" means the Virginia Regulatory Town Hall, the website operated by the Virginia Department of Planning and Budget at www.townhall.virginia.gov, which has online public comment forums and displays information about regulatory meetings and regulatory actions under consideration in Virginia and sends this information to registered public users.
"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, which is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act.
Part II
Notification of Interested Persons
4VAC10-11-30. Notification list.
A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.
B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency. Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier.
C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.
D. When electronic mail is returned as undeliverable on multiple occasions at least 24 hours apart, that person may be deleted from the list. A single undeliverable message is insufficient cause to delete the person from the list.
E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.
F. The agency may periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list.
4VAC10-11-40. Information to be sent to persons on the notification list.
A. To persons electing to receive electronic notification or notification through a postal carrier as described in 4VAC10-11-30, the agency shall send the following information:
1. A notice of intended regulatory action (NOIRA).
2. A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
3. A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.
B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.
Part III
Public Participation Procedures
4VAC10-11-50. Public comment.
A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to submit data, views, and arguments, either orally or in writing, to the agency. Such opportunity to comment shall include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
2. The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.
B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:
1. For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
2. For a minimum of 60 calendar days following the publication of a proposed regulation.
3. For a minimum of 30 calendar days following the publication of a reproposed regulation.
4. For a minimum of 30 calendar days following the publication of a final adopted regulation.
5. For a minimum of 30 calendar days following the publication of a fast-track regulation.
6. For a minimum of 21 calendar days following the publication of a notice of periodic review.
7. Not later than 21 calendar days following the publication of a petition for rulemaking.
C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.
D. If the Governor finds that one or more changes with substantial impact have been made to a proposed regulation, he may require the agency to provide an additional 30 calendar days to solicit additional public comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.
E. The agency shall send a draft of the agency's summary description of public comment to all public commenters on the proposed regulation at least five days before final adoption of the regulation pursuant to § 2.2-4012 E of the Code of Virginia.
4VAC10-11-60. Petition for rulemaking.
A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.
B. A petition shall include but is not limited to the following information:
1. The petitioner's name and contact information;
2. The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
3. Reference to the legal authority of the agency to take the action requested.
C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.
D. The petition shall be posted on the Town Hall and published in the Virginia Register.
E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.
4VAC10-11-70. Appointment of regulatory advisory panel.
A. The agency may appoint a regulatory advisory panel (RAP) to provide professional specialization or technical assistance when the agency determines that such expertise is necessary to address a specific regulatory issue or action or when individuals indicate an interest in working with the agency on a specific regulatory issue or action.
B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.
C. A RAP may be dissolved by the agency if:
1. The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.
4VAC10-11-80. Appointment of negotiated rulemaking panel.
A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.
B. An NRP that has been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated with the development of the regulation;
2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
3. The agency determines that resolution of a controversy is unlikely.
4VAC10-11-90. Meetings.
Notice of any open meeting, including meetings of a RAP or NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with § 2.2-3707 D of the Code of Virginia allowing for contemporaneous notice to be provided to participants and the public.
4VAC10-11-100. Public hearings on regulations.
A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.
C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:
1. The agency's basic law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a public hearing; or
3. The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.
D. Notice of any public hearing shall be posted on the Town Hall and Commonwealth Calendar at least seven working days prior to the date of the hearing. The agency shall also notify those persons who requested a hearing under subdivision C 3 of this section.
4VAC10-11-110. Periodic review of regulations.
A. The agency shall conduct a periodic review of its regulations consistent with:
1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
2. The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.
B. A periodic review may be conducted separately or in conjunction with other regulatory actions.
C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.
VA.R. Doc. No. R09-1428; Filed November 4, 2008, 8:55 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
Title of Regulation: 4VAC20-20. Pertaining to the Licensing of Fixed Fishing Devices (amending 4VAC20-20-50).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: November 1, 2008.
Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email betty.warren@mrc.virginia.gov.
Summary:
This amendment exempts licensed pound net fisherman within the modified pound net leader area from requirements to fish their pound nets and establish a complete system of nets and poles in 2008 in order to renew their licenses.
4VAC20-20-50. Priority rights; renewal by current licensee.
A. Applications for renewal of license for existing fixed fishing devices may be accepted by the officer beginning at 9 a.m. on December 1 of the current license year through noon on January 10 of the next license year providing the applicant has met all requirements of law and this chapter. Any location not relicensed during the above period of time shall be considered vacant and available to any qualified applicant after noon on January 10.
B. Except as provided in subsections C and D of this section, a currently licensed fixed fishing device must have been fished during the current license year in order for the licensee to maintain his priority right to such location. It shall be mandatory for the licensee to notify the officer, on forms provided by the commission, when the fixed fishing device is ready to be fished in the location applied for, by a complete system of nets and poles, except as provided in subsection D of this section, for the purpose of visual inspection by the officer. Either the failure of the licensee to notify the officer when the fixed fishing device is ready to be fished or the failure by the licensee actually to fish the licensed device, by use of a complete system of nets and poles, except as provided in subsection D of this section, shall terminate his right or privilege to renew the license during the period set forth in subsection A of this section of this chapter, and he shall not become a qualified applicant for such location until 9 a.m. on February 1. Any application received from an unqualified applicant under this subsection shall be considered as received at 9 a.m. on February 1; however, in the event of the death of a current license holder, the priority right to renew the currently held locations of the deceased licensee shall not expire by reason of failure to fish said locations during the year for which they were licensed, but one additional year shall be and is hereby granted to the personal representative or lawful beneficiary of the deceased licensee to license the location in the name of the estate of the deceased licensee for purposes of fishing said location or making valid assignment thereof.
C. During the effective period of 4VAC20-530, which establishes a moratorium on the taking and possession of American shad in the Chesapeake Bay and its tributaries, any person licensed during 1993 to set a staked gill net who chooses not to set that net during the period of the moratorium may maintain his priority right to the stake net's 1993 location by completing an application for a fixed fishing device and submitting it to the officer. No license fee shall be charged for the application.
D. Current pound net licensees shall not be required to fish their pound nets or establish a complete system of nets and poles, in 2007 2008 in order to renew their licenses or maintain their priority rights to such locations, for 2008 2009.
VA.R. Doc. No. R09-1662; Filed October 30, 2008, 11:20 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
Title of Regulation: 4VAC20-252. Pertaining to the Taking of Striped Bass (amending 4VAC20-252-90, 4VAC20-252-100).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: November 1, 2008.
Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email betty.warren@mrc.virginia.gov.
Summary:
The amendments change the dates for the possession limit of two fish per person to October 4 through December 20, and the possession limit of one fish per person to December 21 through December 31 for the bay fall recreational striped bass fishery and the Potomac River tributaries fall recreational striped bass fishery.
4VAC20-252-90. Bay fall striped bass recreational fishery.
A. The open season for the bay fall striped bass recreational fishery shall be October 4 through December 31, inclusive.
B. The area open for this fishery shall be the Chesapeake Bay and its tributaries.
C. The minimum size limit for this fishery shall be 18 inches total length.
D. The maximum size limit for this fishery shall be 28 inches total length, except as provided in subsection F G of this section.
E. The possession limit for this fishery shall be two fish per person from October 4 through December 9 20.
F. The possession limit for this fishery shall be one fish per person from December 10 21 through December 31.
G. The possession limits described in subsection E and F of this section may consist of only one striped bass 34 inches or greater.
4VAC20-252-100. Potomac River tributaries summer/fall striped bass recreational fishery.
A. The open season for the Potomac River tributaries fall striped bass fishery shall correspond to the open fall season as established by the Potomac River Fisheries Commission for the mainstem Potomac River.
B. The area open for this fishery shall be the Potomac River tributaries.
C. The minimum size limit for this fishery shall be 18 inches total length.
D. The maximum size limit for this fishery shall be 28 inches total length, except as provided in subsection F G of this section.
E. The possession limit for this fishery shall be two fish per person from October 4 through December 9 20.
F. The possession limit for this fishery shall be one fish per person from December 10 21 through December 31.
G. The possession limits described in subsection E and F of this section may consist of only one striped bass 34 inches or greater.
VA.R. Doc. No. R09-1669; Filed October 30, 2008, 11:07 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
Title of Regulation: 4VAC20-260. Pertaining to Designation of Seed Areas and Clean Cull Areas (amending 4VAC20-260-35, 4VAC20-260-40).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: November 1, 2008.
Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email betty.warren@mrc.virginia.gov.
Summary:
The amendments establish (i) a maximum cull size of 4-1/4 inches for harvested oysters; (ii) culling tolerances for undersized and oversized oysters; and (iii) stricter penalties for the Lower Rappahannock River, Rotation Areas 1 through 3, for the 2008-2009 public oyster harvest season.
4VAC20-260-35. Maximum cull size in the Rappahannock River.
In order to protect potentially disease tolerant oysters in the Lower Rappahannock River, maximum size limits are hereby established. In the Lower Rappahannock River, Rotation Areas 1 through 6 3, oysters larger than the maximum size limit shall either be collected by the Marine Resources Commission or returned immediately to the natural beds, rocks, or shoals when taken. Allowance for oversized oysters and shells incidentally retained during culling are described in 4VAC20-260-40.
Oysters taken for direct human consumption from Rotation Areas 1 through 6 3 in the Lower Rappahannock River shall not have shells greater than 4-1/4 inches in length.
4VAC20-260-40. Culling tolerances or standards.
A. In the clean cull areas, except the Lower Rappahannock River, Rotation Areas 1 through 6 3, if more than one four-quart measure of undersized oysters or shells is found per bushel inspected, it shall constitute a violation of this chapter.
B. In the Lower Rappahannock River, Rotation Areas 1 through 6 3, if more than one four-quart measure of undersized or oversized oysters or shells is found per bushel inspected, it shall constitute a violation of this chapter.
C. In the James River seed areas, if more than one six-quart measure of shells is found per bushel of seed oysters inspected, it shall constitute a violation of this chapter.
D. In the James River seed areas, if more than one four-quart measure of undersized oysters or shells are found per bushel of clean cull oysters inspected, it shall constitute a violation of this chapter.
E. On the seaside of Eastern Shore seed areas, if more than one four-quart measure of undersized (less than three inches) oysters and shell is found per bushel of oysters to be marketed for direct consumption, it shall constitute a violation of this chapter.
VA.R. Doc. No. R09-1668; Filed October 30, 2008, 11:10 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
Title of Regulation: 4VAC20-751. Pertaining to the Setting and Mesh Size of Gill Nets (amending 4VAC20-751-20).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: October 29, 2008.
Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email betty.warren@mrc.virginia.gov.
Summary
This amendment makes it unlawful for any person to place any unattended gill net within 500 yards of the mean high-water mark on the ocean side of Northampton and Accomack counties, north of a line, beginning at the southernmost point of Smith Island and thence extending due east to the three-mile limit line.
4VAC20-751-20. Gill net mesh sizes, restricted areas, and season.
A. From January 1 through March 25 of each year, it shall be unlawful for any person to place, set, or fish any gill net with a stretched mesh size between 3-3/4 inches and six inches within the restricted areas as set forth below, except that during the month of February any legally licensed fisherman may place, set, or fish any gill net with a stretched mesh size from five inches to six inches within the restricted areas described in this subsection. From March 26 through June 15 of each year, it shall be unlawful for any person to place, set, or fish any gill net with a stretched mesh size greater than six inches within the restricted areas set forth below, except as described in 4VAC20-252-135:
1. In James River, those tidal waters upstream of a line connecting Willoughby Spit and Old Point Comfort;
2. In Back River, those tidal waters upstream of a line connecting Factory Point and Plumtree Point;
3. In Poquoson River, those tidal waters upstream of a line connecting Marsh Point and Tue Point;
4. In York River, those tidal waters upstream of a line connecting Tue Point and Guinea Marshes;
5. In Mobjack Bay, those tidal waters upstream of a line connecting Guinea Marshes and New Point Comfort;
6. In Milford Haven, those tidal waters upstream of a line connecting Rigby Island and Sandy Point;
7. In Piankatank River, those tidal waters upstream of a line connecting Cherry Point and Stingray Point; and
8. In Rappahannock River, those tidal waters upstream of a line connecting Stingray Point to Windmill Point.
B. During the period May 1 through June 30, it shall be unlawful for any person to have aboard any vessel or to place, set, or fish more than 8,400 feet of gill net.
C. During the period May 1 through June 30, it shall be unlawful for any person to have aboard any vessel or to place, set, or fish any gill net in the Chesapeake Bay or in Virginia's portion of the Territorial Sea, that is made, set or fished in a tied-down manner, by connecting the net's head rope and foot rope with lines, which cause the net to form a pocket of webbing.
D. During the period June 1 through June 30, it shall be unlawful for any person to have aboard any vessel or to place, set, or fish any gill net with a stretched mesh greater than six inches in the Virginia portion of the Territorial Sea, south of a line connecting Smith Island Light and the three-mile limit line.
E. From June 1 through October 15, it shall be unlawful for any person to place any anchored, weighted, or unattended gill net within 500 yards of the mean high-water mark, on the ocean side of Northampton and Accomack counties, north of a line, beginning at the southern most point of Smith Island and thence extending due east to the three-mile limit line.
VA.R. Doc. No. R09-1663; Filed October 30, 2008, 9:52 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
Title of Regulation: 4VAC20-910. Pertaining to Scup (Porgy) (amending 4VAC20-910-45).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: November 1, 2008.
Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email betty.warren@mrc.virginia.gov.
Summary:
The amendment lowers the commercial possession limit for scup from 3,500 pounds to 2,000 pounds for November 1 through December 31 of each year.
4VAC20-910-45. Possession limits and harvest quotas.
A. During the period January 1 through April 30 of each year, it shall be unlawful for any person to do any of the following:
1. Possess aboard any vessel in Virginia more than 30,000 pounds of scup.
2. Land in Virginia more than a total of 30,000 pounds of scup during each consecutive 14-day landing period, with the first 14-day period beginning on January 2.
B. When it is projected and announced that 80% of the coastwide quota for this period has been attained, it shall be unlawful for any person to possess aboard any vessel or to land in Virginia more than a total of 1,000 pounds of scup.
C. During the period November 1 through December 31 of each year, it shall be unlawful for any person to possess aboard any vessel or to land in Virginia more than 3,500 2,000 pounds of scup.
D. During the period May 1 through October 31 of each year, the commercial harvest and landing of scup in Virginia shall be limited to 2,887 pounds.
E. For each of the time periods set forth in this section, the Marine Resources Commission will give timely notice to the industry of calculated poundage possession limits and quotas and any adjustments thereto. It shall be unlawful for any person to possess or to land any scup for commercial purposes after any winter period coastwide quota or summer period Virginia quota has been attained and announced as such.
F. It shall be unlawful for any buyer of seafood to receive any scup after any commercial harvest or landing quota has been attained and announced as such.
G. It shall be unlawful for any person fishing with hook and line, rod and reel, spear, gig or other recreational gear to possess more than 50 scup. When fishing is from a boat or vessel where the entire catch is held in a common hold or container, the possession limit shall be for the boat or vessel and shall be equal to the number of persons on board legally eligible to fish multiplied by 50. The captain or operator of the boat or vessel shall be responsible for any boat or vessel possession limit. Any scup taken after the possession limit has been reached shall be returned to the water immediately.
VA.R. Doc. No. R09-1667; Filed October 30, 2008, 11:13 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
Title of Regulation: 4VAC20-1170. Requirements Related to the Purchase of Fish From the Catcher (adding 4VAC20-1170-10, 4VAC20-1170-20).
Statutory Authority: § 28.2-207 of the Code of Virginia.
Effective Date: December 1, 2008.
Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email betty.warren@mrc.virginia.gov.
Summary:
This chapter sets certified scale requirements of persons, businesses or corporations licensed to purchase fish.
CHAPTER 1170
REQUIREMENTS RELATED TO THE PURCHASE OF FISH FROM THE CATCHER
4VAC20-1170-10. Certified scale required.
Any person, business, or corporation, licensed to purchase fish, shellfish, or marine organisms from the catcher, as required by § 28.2-228 of the Code of Virginia, that is engaged in the transfer, off-loading, or purchase, from the catcher of fish, shellfish, or marine organisms that are regulated by a harvest weight limit or quota, possession weight limit, or landing weight limit shall use and maintain a certified scale to weigh those fish, shellfish, or marine organisms. The scale used by the person, business or corporation shall be certified as accurate by the Virginia Commissioner of Agriculture and Consumer Services. Annually, the person, business, or corporation licensed by § 28.2-228 shall provide a signed statement to the commission verifying that the weight is determined by use of a scale certified as accurate by the Virginia Commissioner of Agriculture and Consumer Services and shall post a copy of that signed statement at the place of transfer, off-loading, or purchase.
4VAC20-1170-20. Penalty.
As set forth in § 28.2-903 of the Code of Virginia, any person violating any provision of this chapter shall be guilty of a Class 3 misdemeanor and a second or subsequent violation of any provision of this chapter committed by the same person within 12 months of a prior violation is a Class 1 misdemeanor.
VA.R. Doc. No. R09-1666; Filed October 30, 2008, 11:18 a.m.
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
FORENSIC SCIENCE BOARD
Proposed Regulation
Title of Regulation: 6VAC40-60. DNA Data Bank Regulations (adding 6VAC40-60-10 through 6VAC40-60-80).
Statutory Authority: § 19.2-310.5 of the Code of Virginia.
Public Hearing Information: No public hearings are scheduled.
Public Comments: Public comments may be submitted until 5 p.m. on January 23, 2009.
Agency Contact: Michele M. Gowdy, Department Counsel, Department of Forensic Science, 700 North Fifth Street, Richmond, VA 23219, telephone (804) 786-6848, FAX (804) 786-6857, or email michele.gowdy@dfs.virginia.gov.
Basis: Section 19.2-310.5 of the Code of Virginia states that the Department of Forensic Science "shall adopt regulations governing (i) the methods of obtaining information from the data bank in accordance with this section and (ii) procedures for verification of the identity and authority of the requestor." (See Chapter 868 of the 2005 Acts of Assembly).
Purpose: The new regulations establish the process for the Department of Forensic Science to allow law enforcement to obtain information from the data bank and the procedures for verifying the requestor’s identity and authority as outlined in § 19.2-310.5 of the Code of Virginia. These regulations fulfill the General Assembly’s mandate, and help promote the health, safety and general welfare of the public.
Substance: The new regulations establish the procedures for law enforcement to obtain information from the DNA data bank, as well as the process by which the Department of Forensic Science shall publish lists periodically of the department employees who have access to the data bank in addition to the level of access each employee has.
Issues: These regulations will provide the public with delineated guidelines on access to the DNA data bank. The advantage to the public and the Commonwealth is that the DNA data bank provides published lists of department employees who have access to the data bank and their level of access. This provides a level of security that is necessary and exists currently, but is not in a published forum. There are no disadvantages to the public or the Commonwealth.
The Department of Planning and Budget's Economic Impact Analysis:
Summary of the Proposed Amendments to Regulation. The Department of Forensic Science (DFS) proposes to promulgate new regulations to establish procedures for law enforcement officers to obtain information from Virginia’s DNA data bank.
Result of Analysis. The benefits likely exceed the costs for all proposed changes.
Estimated Economic Impact. As required by Code of Virginia § 19.2-310.5, DFS proposes to promulgate current department policies for accessing DNA data bank information into regulation. These policies allow federal, state and local law enforcement officers to request information from the DNA data bank "in furtherance of an official criminal investigation of any criminal offence". DFS requires law enforcement entities to submit requests for information in writing to the data bank supervisor. DFS staff are required to verify the identity of individuals requesting information and signify on the bottom the written request that they have done this. DFS policies, and these regulations, also mandate security measures for the DNA data bank. Computers that house DNA information must be password protected and DNA samples must be stored in a locked room. Access to both computers and physic samples is limited to DFS staff "whose access is a necessary function of their jobs."
These proposed regulations will benefit DFS staff and law enforcement officers by formalizing and clarifying the rules under which DNA data may be accessed. These proposed regulations will likely also benefit the public as interested individuals will be able to access these rules more easily. Affected entities are unlikely to incur any extra costs on account of these proposed regulations since these rules were already enforced by DFS.
Businesses and Entities Affected. These regulations will affect all law enforcement entities who access the DNA data bank as well as all individuals whose DNA is in the data bank. DFS reports that they process approximately 200-300 requests for DNA data bank information each year.
Localities Particularly Affected. No locality will be particularly affected by this proposed regulatory action.
Projected Impact on Employment. This regulatory action will likely have no impact on employment in the Commonwealth.
Effects on the Use and Value of Private Property. This regulatory action will likely have no affect on the use or value of private property in the Commonwealth.
Small Businesses: Costs and Other Effects. Small businesses in the Commonwealth are unlikely to incur any costs on account of this regulatory action.
Small Businesses: Alternative Method that Minimizes Adverse Impact. Small businesses in the Commonwealth are unlikely to incur any costs on account of this regulatory action.
Real Estate Development Costs. This regulatory action will likely have no affect on real estate development costs in the Commonwealth.
Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 36 (06). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB’s best estimate of these economic impacts.
Agency's Response to the Department of Planning and Budget's Economic Impact Analysis: The Department of Forensic Science agrees with the estimated economic impact stated in the economic impact analysis 6VAC40-60, DNA Data Bank Regulations.
Summary:
The proposed regulations establish the procedures for law enforcement to obtain information from the DNA data bank and further establish who at the Department of Forensic Science has access to the DNA data bank. The regulations also detail the level of access for each Department of Forensic Science employee.
CHAPTER 60
DNA DATA BANK REGULATIONS
6VAC40-60-10. Definitions.
The following words and terms when used in this regulation shall have the following meanings unless the context clearly indicates otherwise:
"Agency" means any federal, state or local government law-enforcement organization in the Commonwealth.
"Department" means the Department of Forensic Science.
"DNA" means deoxyribonucleic acid.
"DNA analysis" means analysis conducted on blood, saliva or tissue samples to obtain a genetic profile of identification characteristics.
"DNA data bank" means the Department of Forensic Science database of DNA profiles and/or the corresponding identifying information.
"DNA profile" means the results of forensic DNA analysis of a bodily substance.
"Sample" means a biological sample taken for DNA analysis.
"Subject" means the individual from whom the profile is obtained.
6VAC40-60-20. Persons authorized to obtain information regarding whether or not an individual's DNA profile is in the DNA data bank.
Any written request for any information from the DNA data bank shall come from a federal, state or local law-enforcement officer whose request is made in furtherance of an official criminal investigation of any criminal offense.
6VAC40-60-30. Person(s) to whom a request for information from the DNA data bank may be addressed.
The written request must be addressed to the DNA data bank supervisor at the Department of Forensic Science and be signed by the requestor.
6VAC40-60-40. Contents of a request for information from the DNA data bank.
Any written request for information from the DNA data bank must contain the most complete identifying information available for the subject: full name, social security number, date of birth, race, sex, state identification number. The request must specify that the information is being obtained in the course of an official investigation of any criminal offense.
6VAC40-60-50. Form of the request.
A. All requests must be in writing and addressed to the DNA data bank supervisor. Requests should be on official letterhead and signed by the requesting official.
B. Any request made in person will be reduced to writing and verified by department personnel.
1. If the request is made in person, it must be reduced to writing on a plain piece of white paper and signed by the requesting official.
2. The plain white piece of paper must include the requestor's agency name and address.
3. The identity of the requestor must be verified by department personnel with verification of the requestor's identification card and badge number.
4. Once verification is made, the plain white piece of paper must also be signed by the same department employee on the bottom of the paper with the language "Identification verified by viewing requestor's identification card - badge #" written near the signature and signed by department personnel.
6VAC40-60-60. Where to make request.
Requests may be made:
1. Via facsimile: (804) 786-9985.
2. Via United States mail: 700 North Fifth Street, Richmond, VA 23219.
3. In person at: 700 North Fifth Street, Richmond, VA 23219.
6VAC40-60-70. Security of the DNA data bank.
Access to the DNA data bank computers and samples is restricted. The computers are password protected and the samples are stored physically in a locked room within the Virginia Department of Forensic Science central laboratory. Access is limited to those individuals within the department whose access is a necessary function of their jobs.
6VAC40-60-80. Publishing employee access levels to the DNA data bank.
The Department of Forensic Science shall periodically publish in the Virginia Register of Regulations a list of positions that have access to the DNA data bank as a necessary function of their jobs. The list shall also include the level of access that the position will have. Such list shall be published forthwith after any addition or deletion of any position to or from the approved list.
VA.R. Doc. No. R07-739; Filed October 30, 2008, 3:56 p.m.
TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD
Final Regulation
REGISTRAR'S NOTICE: The following regulatory actions are exempt from the Administrative Process Act in accordance with § 2.2-4006 A 4 c of the Code of Virginia, which excludes regulations that are necessary to meet the requirements of federal law or regulations, provided such regulations do not differ materially from those required by federal law or regulation. The State Air Pollution Control Board will receive, consider and respond to petitions by any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 9VAC5-80. Permits for Stationary Sources (amending 9VAC5-80-1615, 9VAC5-80-1695).
Statutory Authority: § 10.1-1308 of the Code of Virginia; §§ 110, 112, 165, 173, 182 and Title V of the Clean Air Act; 40 CFR Parts 51, 61, 63, 70 and 72.
Effective Date: December 31, 2008.
Agency Contact: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 698-4510, or email kgsabastea@deq.virginia.gov.
Summary:
The amendment establishes a new source review (NSR) permit program whereby owners of sources locating in prevention of significant deterioration (PSD) areas are required to obtain a permit prior to construction of a new facility or modification (physical change or change in the method of operation) of an existing one.
The PSD NSR program applies to the construction or reconstruction of new major stationary sources or major modifications to existing ones. The owner must obtain a permit from the board prior to the construction or modification of the source. The owner of the proposed new or modified source must provide information as may be needed to enable the board to conduct a preconstruction review in order to determine compliance with applicable control technology and other standards, and to assess the impact of the emissions from the facility on air quality. The regulation also provides the basis for the board’s final action (approval or disapproval) on the permit depending on the results of the preconstruction review.
The PSD NSR program requires a facility to use the best available control technology (BACT) to control emissions from the proposed facility, and requires a facility to control emissions from the proposed facility such that the air quality standards or increments are not violated
The PSD NSR program has been revised to specify that nitrogen oxides (NOX) are a precursor of ozone in addition to volatile organic compounds (VOCs) in the definitions of "major modification," "major stationary source," "regulated NSR pollutant" and "significant," and the list of exempted facilities.
9VAC5-80-1615. Definitions.
A. As used in this article, all words or terms not defined herein shall have the meaning given them in 9VAC5 Chapter 10 (9VAC5-10) 9VAC5-10 (General Definitions), unless otherwise required by context.
B. For the purpose of this article, 9VAC5-80-280 and applying this article in the context of the Regulations for the Control and Abatement of Air Pollution and related uses, the words or terms shall have the meaning given them in subsection C of this section:
C. Terms defined.
"Actual emissions" means the actual rate of emissions of a regulated NSR pollutant from an emissions unit, as determined in accordance with subdivisions a through c of this definition, except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under 9VAC5-80-1865. Instead, the definitions of "projected actual emissions" and "baseline actual emissions" shall apply for those purposes.
a. In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a consecutive 24-month period that precedes the particular date and that is representative of normal source operation. The board will allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.
b. The board may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit.
c. For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.
"Actuals PAL for a major stationary source" means a PAL based on the baseline actual emissions of all emissions units at the source that emit or have the potential to emit the PAL pollutant.
"Administrator" means the administrator of the U.S. Environmental Protection Agency (EPA) or an authorized representative.
"Adverse impact on visibility" means visibility impairment that interferes with the management, protection, preservation or enjoyment of the visitor's visual experience of the federal class I area. This determination shall be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency and time of visibility impairment, and how these factors correlate with (i) times of visitor use of the federal class I areas, and (ii) the frequency and timing of natural conditions that reduce visibility.
"Allowable emissions" means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally and state enforceable limits that restrict the operating rate, or hours of operation, or both) and the most stringent of the following:
a. The applicable standards as set forth in 40 CFR Parts 60, 61, and 63;
b. The applicable implementation plan emissions limitation including those with a future compliance date; or
c. The emissions limit specified as a federally and state enforceable permit condition, including those with a future compliance date.
For the purposes of actuals PALs, "allowable emissions" shall also be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit.
"Applicable federal requirement" means all of, but not limited to, the following as they apply to emissions units in a source subject to this article (including requirements that have been promulgated or approved by the administrator through rulemaking at the time of permit issuance but have future-effective compliance dates):
a. Any standard or other requirement provided for in an implementation plan established pursuant to § 110 or § 111(d) of the federal Clean Air Act, including any source-specific provisions such as consent agreements or orders.
b. Any limit or condition in any construction permit issued under the new source review program or in any operating permit issued pursuant to the state operating permit program.
c. Any emission standard, alternative emission standard, alternative emission limitation, equivalent emission limitation or other requirement established pursuant to § 112 or § 129 of the federal Clean Air Act as amended in 1990.
d. Any new source performance standard or other requirement established pursuant to § 111 of the federal Clean Air Act, and any emission standard or other requirement established pursuant to § 112 of the federal Clean Air Act before it was amended in 1990.
e. Any limitations and conditions or other requirement in a Virginia regulation or program that has been approved by EPA under subpart E of 40 CFR Part 63 for the purposes of implementing and enforcing § 112 of the federal Clean Air Act.
f. Any requirement concerning accident prevention under § 112(r)(7) of the federal Clean Air Act.
g. Any compliance monitoring requirements established pursuant to either § 504(b) or § 114(a)(3) of the federal Clean Air Act.
h. Any standard or other requirement for consumer and commercial products under § 183(e) of the federal Clean Air Act.
i. Any standard or other requirement for tank vessels under § 183(f) of the federal Clean Air Act.
j. Any standard or other requirement in 40 CFR Part 55 to control air pollution from outer continental shelf sources.
k. Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the federal Clean Air Act unless the administrator has determined that such requirements need not be contained in a permit issued under this article.
l. With regard to temporary sources subject to 9VAC5-80-130, (i) any ambient air quality standard, except applicable state requirements, and (ii) requirements regarding increments or visibility as provided in this article.
"Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in accordance with the following:
a. For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner within the five-year period immediately preceding when the owner begins actual construction of the project. The board will allow the use of a different time period upon a determination that it is more representative of normal source operation.
(1) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.
(2) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period.
(3) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period shall be used to determine the baseline actual emissions for the emissions units being changed. The same consecutive 24-month period shall be used for each different regulated NSR pollutant unless the owner can demonstrate to the satisfaction of the board that a different consecutive 24-month period for a different pollutant or pollutants is more appropriate due to extenuating circumstances.
(4) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by subdivision a (2) of this definition.
b. For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner within the five-year period immediately preceding either the date the owner begins actual construction of the project, or the date a complete permit application is received by the board for a permit required under this article, whichever is earlier, except that the five-year period shall not include any period earlier than November 15, 1990. The board will allow the use of a different time period upon a determination that it is more representative of normal source operation.
(1) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.
(2) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period.
(3) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period. However, if an emission limitation is part of a maximum achievable control technology standard that the administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the board has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of 9VAC5-80-2120 K.
(4) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period shall be used to determine the baseline actual emissions for all the emissions units being changed. The same consecutive 24-month period shall be used for each different regulated NSR pollutant unless the owner can demonstrate to the satisfaction of the board that a different consecutive 24-month period for a different pollutant or pollutants is more appropriate due to extenuating circumstances.
(5) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by subdivisions b (2) and (3) of this definition.
c. For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit.
d. For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in subdivision a of this definition, for other existing emissions units in accordance with the procedures contained in subdivision b of this definition, and for a new emissions unit in accordance with the procedures contained in subdivision c of this subsection.
"Baseline area":
a. Means any intrastate area (and every part thereof) designated as attainment or unclassifiable under § 107(d)(1)(C) of the federal Clean Air Act in which the major source or major modification establishing the minor source baseline date would construct or would have an air quality impact equal to or greater than 1 μg/m³ (annual average) of the pollutant for which the minor source baseline date is established.
b. Area redesignations under § 107(d)(3) of the federal Clean Air Act cannot intersect or be smaller than the area of impact of any major stationary source or major modification that:
(1) Establishes a minor source baseline date; or
(2) Is subject to this article or 40 CFR 52.21 and would be constructed in the same state as the state proposing the redesignation.
c. Any baseline area established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments, except that such baseline area shall not remain in effect if the board rescinds the corresponding minor source baseline date in accordance with subdivision d of the definition of "baseline date."
"Baseline concentration"
a. Means that ambient concentration level that exists in the baseline area at the time of the applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include:
(1) The actual emissions representative of sources in existence on the applicable minor source baseline date, except as provided in subdivision b of this definition; and
(2) The allowable emissions of major stationary sources that commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date.
b. The following will not be included in the baseline concentration and will affect the applicable maximum allowable increase(s):
(1) Actual emissions from any major stationary source on which construction commenced after the major source baseline date; and
(2) Actual emissions increases and decreases at any stationary source occurring after the minor source baseline date.
"Baseline date"
a. "Major source baseline date" means:
(1) In the case of particulate matter and sulfur dioxide, January 6, 1975; and
(2) In the case of nitrogen dioxide, February 8, 1988.
b. "Minor source baseline date" means the earliest date after the trigger date on which a major stationary source or a major modification subject to this article submits a complete application under this article. The trigger date is:
(1) In the case of particulate matter and sulfur dioxide, August 7, 1977; and
(2) In the case of nitrogen dioxide, February 8, 1988.
c. The baseline date is established for each pollutant for which increments or other equivalent measures have been established if:
(1) The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under § 107(d)(1)(C) of the federal Clean Air Act for the pollutant on the date of its complete application under this article or 40 CFR 52.21; and
(2) In the case of a major stationary source, the pollutant would be emitted in significant amounts, or, in the case of a major modification, there would be a significant net emissions increase of the pollutant.
d. Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments, except that the board may rescind any such minor source baseline date where it can be shown, to the satisfaction of the board, that the emissions increase from the major stationary source, or the net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PM10 emissions.
"Begin actual construction" means, in general, initiation of physical on-site construction activities on an emissions unit that are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operation, this term refers to those on-site activities other than preparatory activities that mark the initiation of the change.
"Best available control technology" means an emissions limitation (including a visible emissions standard) based on the maximum degree of reduction for each regulated NSR pollutant that would be emitted from any proposed major stationary source or major modification that the board, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant that would exceed the emissions allowed by any applicable standard under 40 CFR Parts 60, 61, and 63. If the board determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means that achieve equivalent results.
"Building, structure, facility or installation" means all of the pollutant-emitting activities that belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same "Major Group" (i.e., that have the same first two-digit code) as described in the Standard Industrial Classification Manual (see 9VAC5-20-21).
"Clean coal technology" means any technology, including technologies applied at the precombustion, combustion, or post combustion stage, at a new or existing facility that will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, or process steam that was not in widespread use as of November 15, 1990.
"Clean coal technology demonstration project" means a project using funds appropriated under the heading "Department of Energy-Clean Coal Technology," up to a total amount of $2,500,000,000 for commercial demonstration of clean coal technology, or similar projects funded through appropriations for EPA. The federal contribution for a qualifying project shall be at least 20% of the total cost of the demonstration project.
"Commence" as applied to construction of a major stationary source or major modification, means that the owner has all necessary preconstruction approvals or permits and either has:
a. Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or
b. Entered into binding agreements or contractual obligations, that cannot be canceled or modified without substantial loss to the owner, to undertake a program of actual construction of the source, to be completed within a reasonable time.
"Complete" means, in reference to an application for a permit, that the application contains all of the information necessary for processing the application and the provisions of § 10.1-1321.1 of the Virginia Air Pollution Control Law have been met. Designating an application complete for the purposes of permit processing does not preclude the board from requesting or accepting any additional information.
"Construction" means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) that would result in a change in emissions.
"Continuous emissions monitoring system" or "CEMS" means all of the equipment that may be required to meet the data acquisition and availability requirements of this article, to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis.
"Continuous emissions rate monitoring system" or "CERMS" means the total equipment required for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time).
"Continuous parameter monitoring system" or "CPMS" means all of the equipment necessary to meet the data acquisition and availability requirements of this article, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and to record average operational parameter value(s) on a continuous basis.
"Electric utility steam generating unit" means any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 MW electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.
"Emissions unit" means any part of a stationary source that emits or would have the potential to emit any regulated NSR pollutant and includes an electric utility steam generating unit. For purposes of this definition, there are two types of emissions units: (i) a new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than two years from the date such emissions unit first operated; and (ii) an existing emissions unit is any emissions unit that is not a new emissions unit.
"Enforceable as a practical matter" means that the permit contains emission limitations that are enforceable by the board or the department and meet the following criteria:
a. Are permanent;
b. Contain a legal obligation for the owner to adhere to the terms and conditions;
c. Do not allow a relaxation of a requirement of the implementation plan;
d. Are technically accurate and quantifiable;
e. Include averaging times or other provisions that allow at least monthly (or a shorter period if necessary to be consistent with the implementation plan) checks on compliance. This may include, but not be limited to, the following: compliance with annual limits on a rolling basis, monthly or shorter limits, and other provisions consistent with this article and other regulations of the board; and
f. Require a level of recordkeeping, reporting and monitoring sufficient to demonstrate compliance.
"Federal land manager" means, with respect to any lands in the United States, the secretary of the department with authority over such lands.
"Federally enforceable" means all limitations and conditions that are enforceable by the administrator and citizens under the federal Clean Air Act or that are enforceable under other statutes administered by the administrator. Federally enforceable limitations and conditions include, but are not limited to, the following:
a. Emission standards, alternative emission standards, alternative emission limitations, and equivalent emission limitations established pursuant to § 112 of the federal Clean Air Act as amended in 1990.
b. New source performance standards established pursuant to § 111 of the federal Clean Air Act, and emission standards established pursuant to § 112 of the federal Clean Air Act before it was amended in 1990.
c. All terms and conditions (unless expressly designated as not federally enforceable) in a federal operating permit, including any provisions that limit a source's potential to emit.
d. Limitations and conditions that are part of an implementation plan established pursuant to § 110, § 111(d) or § 129 of the federal Clean Air Act.
e. Limitations and conditions (unless expressly designated as not federally enforceable) that are part of a federal construction permit issued under 40 CFR 52.21 or a new source review permit issued under regulations approved by the EPA into the implementation plan.
f. Limitations and conditions (unless expressly designated as not federally enforceable) that are part of a state operating permit where the permit and the permit program pursuant to which it was issued meet all of the following criteria:
(1) The operating permit program has been approved by the EPA into the implementation plan under § 110 of the federal Clean Air Act;
(2) The operating permit program imposes a legal obligation that operating permit holders adhere to the terms and limitations of such permits and provides that permits that do not conform to the operating permit program requirements and the requirements of EPA's underlying regulations may be deemed not "federally enforceable" by EPA;
(3) The operating permit program requires that all emission limitations, controls, and other requirements imposed by such permits will be at least as stringent as any other applicable limitations and requirements contained in the implementation plan or enforceable under the implementation plan, and that the program may not issue permits that waive, or make less stringent, any limitations or requirements contained in or issued pursuant to the implementation plan, or that are otherwise "federally enforceable";
(4) The limitations, controls, and requirements in the permit in question are permanent, quantifiable, and otherwise enforceable as a practical matter; and
(5) The permit in question was issued only after adequate and timely notice and opportunity for comment by the EPA and the public.
g. Limitations and conditions in a regulation of the board or program that has been approved by the EPA under subpart E of 40 CFR Part 63 for the purposes of implementing and enforcing § 112 of the federal Clean Air Act.
h. Individual consent agreements that the EPA has legal authority to create.
"Federal operating permit" means a permit issued under the federal operating permit program.
"Federal operating permit program" means an operating permit system (i) for issuing terms and conditions for major stationary sources, (ii) established to implement the requirements of Title V of the federal Clean Air Act and associated regulations, and (iii) codified in Article 1 (9VAC5-80-50 et seq.), Article 2 (9VAC5-80-310 et seq.), Article 3 (9VAC5-80-360 et seq.), and Article 4 (9VAC5-80-710 et seq.) of this part.
"Fugitive emissions" means those emissions that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.
"High terrain" means any area having an elevation 900 feet or more above the base of the stack of a source.
"Indian governing body" means the governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing power of self-government.
"Indian reservation" means any federally recognized reservation established by treaty, agreement, executive order, or act of Congress.
"Innovative control technology" means any system of air pollution control that has not been adequately demonstrated in practice, but would have substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy, economics, or nonair quality environmental impacts.
"Lowest achievable emission rate" or "LAER" is as defined in 9VAC5-80-2010 C.
"Locality particularly affected" means any locality that bears any identified disproportionate material air quality impact that would not be experienced by other localities.
"Low terrain" means any area other than high terrain.
"Major emissions unit" means (i) any emissions unit that emits or has the potential to emit 100 tons per year or more of the PAL pollutant in an attainment area; or (ii) any emissions unit that emits or has the potential to emit the PAL pollutant for nonattainment areas in an amount that is equal to or greater than the major source threshold for the PAL pollutant in subdivision a (1) of the definition of "major stationary source " in 9VAC5-80-2010 C.
"Major modification"
a. Means any physical change in or change in the method of operation of a major stationary source that would result in a significant emissions increase of a regulated NSR pollutant, and a significant net emissions increase of that pollutant from the major stationary source.
b. Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is significant for volatile organic compounds or NOX shall be considered significant for ozone.
c. A physical change or change in the method of operation shall not include the following:
(1) Routine maintenance, repair and replacement.
(2) Use of an alternative fuel or raw material by reason of an order under § 2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plant pursuant to the federal Power Act.
(3) Use of an alternative fuel by reason of any order or rule under § 125 of the federal Clean Air Act.
(4) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste.
(5) Use of an alternative fuel or raw material by a stationary source that:
(a) The source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally and state enforceable permit condition that was established after January 6, 1975, pursuant to 40 CFR 52.21 or this chapter; or
(b) The source is approved to use under any permit issued under 40 CFR 52.21 or this chapter; and
(c) The owner demonstrates to the board that as a result of trial burns at the source or other sources or other sufficient data that the emissions resulting from the use of the alternative fuel or raw material supply are decreased.
(6) An increase in the hours of operation or in the production rate, unless such change is prohibited under any federally and state enforceable permit condition that was established after January 6, 1975, pursuant to 40 CFR 52.21 or this chapter.
(7) Any change in ownership at a stationary source.
(8) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with:
(a) The applicable implementation plan, and
(b) Other requirements necessary to attain and maintain the ambient air quality standards during the project and after it is terminated.
(9) The installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis.
(10) The reactivation of a very clean coal-fired electric utility steam generating unit.
d. This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under 9VAC5-80-1865 for a PAL for that pollutant. Instead, the definition of "PAL major modification" shall apply.
"Major new source review (NSR) permit" means a permit issued under the major new source review program.
"Major new source review (major NSR) program" means a preconstruction review and permit program (i) for new major stationary sources or major modifications (physical changes or changes in the method of operation), (ii) established to implement the requirements of §§ 112, 165 and 173 of the federal Clean Air Act and associated regulations, and (iii) codified in Article 7 (9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-1605 et seq.) and Article 9 (9VAC5-80-2000 et seq.) of this part.
"Major stationary source"
a. Means:
(1) Any of the following stationary sources of air pollutants that emits, or has the potential to emit, 100 tons per year or more of a any regulated NSR pollutant:
(a) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input.
(b) Coal cleaning plants (with thermal dryers).
(c) Kraft pulp mills.
(d) Portland cement plants.
(e) Primary zinc smelters.
(f) Iron and steel mill plants.
(g) Primary aluminum ore reduction plants.
(h) Primary copper smelters.
(i) Municipal incinerators capable of charging more than 250 tons of refuse per day.
(j) Hydrofluoric acid plants.
(k) Sulfuric acid plants.
(l) Nitric acid plants.
(m) Petroleum refineries.
(n) Lime plants.
(o) Phosphate rock processing plants.
(p) Coke oven batteries.
(q) Sulfur recovery plants.
(r) Carbon black plants (furnace process).
(s) Primary lead smelters.
(t) Fuel conversion plants.
(u) Sintering plants.
(v) Secondary metal production plants.
(w) Chemical process plants.
(x) Fossil fuel boilers (or combinations thereof) (or combination of them) totaling more than 250 million British thermal units per hour heat input.
(y) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels.
(z) Taconite ore processing plants.
(aa) Glass fiber processing plants.
(bb) Charcoal production plants.
(2) Notwithstanding the stationary source size specified in subdivision a (1) of this definition, any stationary source that emits, or has the potential to emit, 250 tons per year or more of a regulated NSR pollutant; or
(3) Any physical change that would occur at a stationary source not otherwise qualifying under subdivision a (1) or a (2) of this definition as a major stationary source, if the change would constitute a major stationary source by itself.
b. A major stationary source that is major for volatile organic compounds or NOX shall be considered major for ozone.
c. The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of this article whether it is a major stationary source, unless the source belongs to one of the following categories of stationary sources:
(1) Coal cleaning plants (with thermal dryers).
(2) Kraft pulp mills.
(3) Portland cement plants.
(4) Primary zinc smelters.
(5) Iron and steel mills.
(6) Primary aluminum ore reduction plants.
(7) Primary copper smelters.
(8) Municipal incinerators capable of charging more than 250 tons of refuse per day.
(9) Hydrofluoric, sulfuric, or nitric acid plants.
(10) Petroleum refineries.
(11) Lime plants.
(12) Phosphate rock processing plants.
(13) Coke oven batteries.
(14) Sulfur recovery plants.
(15) Carbon black plants (furnace process).
(16) Primary lead smelters.
(17) Fuel conversion plants.
(18) Sintering plants.
(19) Secondary metal production plants.
(20) Chemical process plants.
(21) Fossil-fuel boilers (or combination thereof) (or combination of them) totaling more than 250 million British thermal units per hour heat input.
(22) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels.
(23) Taconite ore processing plants.
(24) Glass fiber processing plants.
(25) Charcoal production plants.
(26) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input.
(27) Any other stationary source category that, as of August 7, 1980, is being regulated under 40 CFR Parts 60 and 61.
"Minor new source review (NSR) permit" means a permit issued under the minor new source review program.
"Minor new source review (minor NSR) program" means a preconstruction review and permit program (i) for new stationary sources or modifications (physical changes or changes in the method of operation) which do not qualify for review under the major new source review program, (ii) established to implement the requirements of §§ 110(a)(2)(C) and 112 of the federal Clean Air Act and associated regulations, and (iii) codified in Article 6 (9VAC5-80-1100 et seq.) of this part.
"Necessary preconstruction approvals or permits" means those permits required under NSR programs that are part of the applicable implementation plan.
"Net emissions increase"
a. Means, with respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero:
(1) The increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated pursuant to 9VAC5-80-1605 G; and
(2) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under this subdivision shall be determined as provided in the definition of "baseline actual emissions," except that subdivisions a (3) and b (4) of that definition shall not apply.
b. An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between:
(1) The date five years before construction on the particular change commences; and
(2) The date that the increase from the particular change occurs.
c. An increase or decrease in actual emissions is creditable only if (i) it occurs between the date five years before construction on the particular change commences and the date that the increase from the particular change occurs; and (ii) the board has not relied on it in issuing a permit for the source under this article (or the administrator under 40 CFR 52.21), which permit is in effect when the increase in actual emissions from the particular change occurs.
d. An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or nitrogen oxides that occurs before the applicable minor source baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available.
e. An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.
f. A decrease in actual emissions is creditable only to the extent that:
(1) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;
(2) It is enforceable as a practical matter at and after the time that actual construction on the particular change begins;
(3) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.
g. An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.
h. Subdivision a of the definition of "actual emissions" shall not apply for determining creditable increases and decreases.
"New source review (NSR) permit" means a permit issued under the new source review program.
"New source review (NSR) program" means a preconstruction review and permit program (i) for new stationary sources or modifications (physical changes or changes in the method of operation); (ii) established to implement the requirements of §§ 110(a)(2)(C), 112 (relating to permits for hazardous air pollutants), 165 (relating to permits in prevention of significant deterioration areas), and 173 (relating to permits in nonattainment areas) of the federal Clean Air Act and associated regulations; and (iii) codified in Article 6 (9VAC5-80-1100 et seq.), Article 7 (9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-1605 et seq.) and Article 9 (9VAC5-80-2000 et seq.) of this part.
"Plantwide applicability limitation (PAL)" means an emission limitation expressed in tons per year, for a pollutant at a major stationary source, that is enforceable as a practical matter and established sourcewide in accordance with 9VAC5-80-1865.
"PAL effective date" generally means the date of issuance of the PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.
"PAL effective period" means the period beginning with the PAL effective date and ending five years later.
"PAL major modification" means, notwithstanding the definitions for major modification and net emissions increase, any physical change in or change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL.
"PAL permit" means the major NSR permit, the minor NSR permit, the state operating permit, or the federal operating permit issued by the board that establishes a PAL for a major stationary source.
"PAL pollutant" means the pollutant for which a PAL is established at a major stationary source.
"Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment, and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is federally and state enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source. For the purposes of actuals PALs, any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment, and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is federally enforceable or enforceable as a practical matter by the state.
"Predictive emissions monitoring system" or "PEMS" means all of the equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and calculate and record the mass emissions rate (for example, pounds per hour) on a continuous basis.
"Project" means a physical change in, or change in the method of operation of, an existing major stationary source.
"Projected actual emissions" means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the five years (12-month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit that regulated NSR pollutant and full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source. In determining the projected actual emissions (before beginning actual construction), the owner of the major stationary source:
a. Shall consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections of business activity, the company's filings with the state or federal regulatory authorities, and compliance plans under the approved implementation plan;
b. Shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; and
c. Shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit's emissions following the project that an existing unit could have emitted during the consecutive 24-month period used to establish the baseline actual emissions and that are also unrelated to the particular project, including any increased utilization due to product demand growth, provided such exclusion shall not reduce any calculated increases in emissions that are caused by, result from, or are related to the particular project; or
d. In lieu of using the method set out in subdivisions a through c of this definition, may elect to use the emissions unit's potential to emit, in tons per year.
"Reactivation of a very clean coal-fired electric utility steam generating unit" means any physical change or change in the method of operation associated with the commencement of commercial operations by a coal-fired utility unit after a period of discontinued operation where the unit:
a. Has not been in operation for the two-year period prior to the enactment of the federal Clean Air Act Amendments of 1990, and the emissions from such unit continue to be carried in the department's emissions inventory at the time of enactment;
b. Was equipped prior to shut-down with a continuous system of emissions control that achieves a removal efficiency for sulfur dioxide of no less than 85% and a removal efficiency for particulates of no less than 98%;
c. Is equipped with low-NOX burners prior to the time of commencement of operations following reactivation; and
d. Is otherwise in compliance with the requirements of the federal Clean Air Act.
"Reasonably available control technology" or "RACT" means the lowest emission limit that a particular source is capable of meeting by the application of control technology that is reasonably available, considering technological and economic feasibility.
"Regulated NSR pollutant" means:
a. Any pollutant for which an ambient air quality standard has been promulgated and any constituents or precursors for such pollutants identified by the administrator (e.g., volatile organic compounds and NOX are precursors for ozone);
b. Any pollutant that is subject to any standard promulgated under § 111 of the federal Clean Air Act;
c. Any class I or II substance subject to a standard promulgated under or established by Title VI of the federal Clean Air Act; or
d. Any pollutant that otherwise is subject to regulation under the federal Clean Air Act; except that any or all hazardous air pollutants either listed in § 112 of the federal Clean Air Act or added to the list pursuant to § 112(b)(2), which have not been delisted pursuant to § 112(b)(3), are not regulated NSR pollutants unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under § 108 of the federal Clean Air Act.
"Repowering" means:
a. Replacement of an existing coal-fired boiler with one of the following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, integrated gasification fuel cells, or as determined by the administrator, in consultation with the Secretary of Energy, a derivative of one or more of these technologies, and any other technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of November 15, 1990.
b. Repowering shall also include any oil and/or gas-fired unit which has been awarded clean coal technology demonstration funding as of January 1, 1991, by the Department of Energy.
c. The board may give expedited consideration to permit applications for any source that satisfies the requirements of this definition and is granted an extension under § 409 of the federal Clean Air Act.
"Secondary emissions" means emissions that would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose of this article, secondary emissions shall be specific, well defined, quantifiable, and affect the same general area as the stationary source or modification that causes the secondary emissions. Secondary emissions include emissions from any offsite support facility that would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions that come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.
"Significant" means:
a. In reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:
Pollutant | Emissions Rate |
Carbon Monoxide | 100 tons per year (tpy) |
Nitrogen Oxides | 40 tpy |
Sulfur Dioxide | 40 tpy |
Particulate Matter (TSP) | 25 tpy |
PM10 | 15 tpy |
PM2.5 | 10 tpy |
Ozone | 40 tpy of volatile organic compounds or NOX |
Lead | 0.6 tpy |
Fluorides | 3 tpy |
Sulfuric Acid Mist | 7 tpy |
Hydrogen Sulfide (H2S) | 10 tpy |
Total Reduced Sulfur (including H2S) | 10 tpy |
Reduced Sulfur Compounds (including H2S) | 10 tpy |
Municipal waste combustor organics (measured as total tetra-through octa-chlorinated dibenzo-p-dioxins and dibenzofurans) | 3.5 x 10-6 tpy |
Municipal waste combustor metals (measured as particulate matter) | 15 tpy |
Municipal waste combustor acid gases (measured as the sum of SO2 and HCl) | 40 tpy |
Municipal solid waste landfills emissions (measured as nonmethane organic compounds) | 50 tpy |
b. In reference to a net emissions increase or the potential of a source to emit a regulated NSR pollutant that subdivision a of this definition does not list, any emissions rate.
c. Notwithstanding subdivision a of this definition, any emissions rate or any net emissions increase associated with a major stationary source or major modification that would construct within 10 kilometers of a class I area, and have an impact on such area equal to or greater than 1 μg/m³ (24-hour average).
"Significant emissions increase" means, for a regulated NSR pollutant, an increase in emissions that is significant for that pollutant.
"Significant emissions unit" means an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is significant for that PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit.
"Small emissions unit" means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant.
"State enforceable" means all limitations and conditions that are enforceable as a practical matter, including any regulation of the board, those requirements developed pursuant to 9VAC5-170-160, requirements within any applicable order or variance, and any permit requirements established pursuant to this chapter.
"State operating permit" means a permit issued under the state operating permit program.
"State operating permit program" means an operating permit program (i) for issuing limitations and conditions for stationary sources; (ii) promulgated to meet the EPA's minimum criteria for federal enforceability, including adequate notice and opportunity for the EPA and public comment prior to issuance of the final permit, and practicable enforceability; and (iii) codified in Article 5 (9VAC5-80-800 et seq.) of this part.
"Stationary source" means any building, structure, facility, or installation that emits or may emit a regulated NSR pollutant.
"Temporary clean coal technology demonstration project" means a clean coal technology demonstration project that is operated for a period of five years or less, and that complies with the applicable implementation plan and other requirements necessary to attain and maintain the ambient air quality standards during the project and after it is terminated.
9VAC5-80-1695. Exemptions.
A. The requirements of this article shall not apply to a particular major stationary source or major modification; if:
1. The source or modification would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the stationary source or modification and the source does not belong to any of the following categories:
a. Coal cleaning plants (with thermal dryers).
b. Kraft pulp mills.
c. Portland cement plants.
d. Primary zinc smelters.
e. Iron and steel mills.
f. Primary aluminum ore reduction plants.
g. Primary copper smelters.
h. Municipal incinerators capable of charging more than 250 tons of refuse per day.
i. Hydrofluoric acid plants.
j. Sulfuric acid plants.
k. Nitric acid plants.
l. Petroleum refineries.
m. Lime plants.
n. Phosphate rock processing plants.
o. Coke oven batteries.
p. Sulfur recovery plants.
q. Carbon black plants (furnace process).
r. Primary lead smelters.
s. Fuel conversion plants.
t. Sintering plants.
u. Secondary metal production plants.
v. Chemical process plants.
w. Fossil-fuel boilers (or combination thereof) (or combination of them) totaling more than 250 million British thermal units per hour heat input.
x. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels.
y. Taconite ore processing plants.
z. Glass fiber processing plants.
aa. Charcoal production plants.
bb. Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input.
cc. Any other stationary source category which, as of August 7, 1980, is being regulated under 40 CFR Part 60 or 61; or
2. The source or modification is a portable stationary source that has previously received a permit under this article, and
a. The owner proposes to relocate the source and emissions of the source at the new location would be temporary;
b. The emissions from the source would not exceed its allowable emissions;
c. The emissions from the source would affect no class I area and no area where an applicable increment is known to be violated; and
d. Reasonable notice is given to the board prior to the relocation identifying the proposed new location and the probable duration of operation at the new location. Such notice shall be given to the board not less than 10 days in advance of the proposed relocation unless a different time duration is previously approved by the board.
B. The requirements of this article shall not apply to a major stationary source or major modification with respect to a particular pollutant if the owner demonstrates that, as to that pollutant, the source or modification is located in an area designated as nonattainment in 9VAC5-20-204.
C. The requirements of 9VAC5-80-1715, 9VAC5-80-1735, and 9VAC5-80-1755 shall not apply to a major stationary source or major modification with respect to a particular pollutant, if the allowable emissions of that pollutant from the source, or the net emissions increase of that pollutant from the modification:
1. Would affect no class I area and no area where an applicable increment is known to be violated, and
2. Would be temporary.
D. The requirements of 9VAC5-80-1715, 9VAC5-80-1735, and 9VAC5-80-1755 as they relate to any maximum allowable increase for a class II area shall not apply to a major modification at a stationary source that was in existence on March 1, 1978, if the net increase in allowable emissions of each regulated NSR pollutant from the modification after the application of best available control technology would be less than 50 tons per year.
E. The board may exempt a proposed major stationary source or major modification from the requirements of 9VAC5-80-1735 with respect to monitoring for a particular pollutant if:
1. The emissions increase of the pollutant from the new source or the net emissions increase of the pollutant from the modification would cause, in any area, air quality impacts less than the following amounts:
Carbon monoxide -- μg/m3, 8-hour average
Nitrogen dioxide -- 14 μg/m3, annual average
Particulate matter -- 10 μg/m3 of PM10, 24-hour average
Sulfur dioxide -- 13 μg/m3, 24-hour average
Ozone*
Lead -- 0.1 μg/m3, 3-month average
Fluorides -- 0.25 μg/m3, 24-hour average
Total reduced sulfur -- 10 μg/m3, 1-hour average
Hydrogen sulfide -- 0.2 μg/m3, 1-hour average
Reduced sulfur compounds -- 10 μg/m3, 1-hour average; or
*No de minimis air quality level is provided for ozone. However, any net increase of 100 tons per year or more of volatile organic compounds or NOX subject to this article would be required to perform an ambient impact analysis including the gathering of ambient air quality data.
2. The concentrations of the pollutant in the area that the source or modification would affect are less than the concentrations listed in subdivision 1 of this subsection, or the pollutant is not listed in subdivision 1 of this subsection.
VA.R. Doc. No. R09-1157; Filed November 3, 2008, 3:11 p.m.
TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD
Final Regulation
REGISTRAR'S NOTICE: The State Air Pollution Control Board is claiming an exclusion from the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The State Air Pollution Control Board will receive, consider and respond to petitions by any interested person at any time with respect to reconsideration or revision.
Titles of Regulations: 9VAC5-80. Permits for Stationary Sources (amending 9VAC5-80-150, 9VAC5-80-230, 9VAC5-80-270, 9VAC5-80-510, 9VAC5-80-590, 9VAC5-80-670, 9VAC5-80-860, 9VAC5-80-990, 9VAC5-80-1020, 9VAC5-80-1160, 9VAC5-80-1170, 9VAC5-80-1290, 9VAC5-80-1450, 9VAC5-80-1460, 9VAC5-80-1765, 9VAC5-80-1775, 9VAC5-80-1955, 9VAC5-80-2060, 9VAC5-80-2070, 9VAC5-80-2230; adding 9VAC5-80-5, 9VAC5-80-15, 9VAC5-80-25, 9VAC5-80-35, 9VAC5-80-1773).
9VAC5-170. Regulation for General Administration (amending 9VAC5-170-30, 9VAC5-170-180, 9VAC5-170-190, 9VAC5-170-200).
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, 70 and 72.
Effective Date: December 31, 2008.
Agency Contact: Cindy Berndt, Regulatory Coordinator, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4378, FAX (804) 698-4346, TTY (804) 698-4021, or email cmberndt@deq.virginia.gov.
Summary:
The new procedures set forth in § 10.1-1322.01 of the Code of Virginia have been placed into Part I of Chapter 80. The new legislation addresses two issues: (i) where there is only a public comment period prior to the permit decision, and (ii) where there is a federal or state mandate to hold a hearing prior to the permitting decision. Both of these issues are addressed in a single narrative in § 10.1-1322.01. In order to ensure clear and consistent implementation, this provision has been split into separate sections: 9VAC5-80-25 and 9VAC5-80-35.
In the air permit program, a public hearing is required by either federal or state regulation for all major and certain minor new source review permits. On the other hand, operating permits have no mandate for a hearing; however, there is the opportunity to request one during the public comment period.
In each of the articles in Part II of Chapter 80 that covers the various permit programs, provisions are included from the law that tell the public what to do to request a hearing or board consideration, with a cross-reference to the appropriate provisions of Part I.
Chapter 170 has been revised to remove provisions related to board involvement in permitting decisions, which are now covered in Chapter 80 as appropriate to meet the requirements of the new legislation.
EDITOR'S NOTICE: The State Air Pollution Control Board is amending the title of Article 3 of Part II as follows:
Article 3
Federal Operating Permits for Acid Rain Operating Permits Sources
Part I
Permit Actions Before the Board
9VAC5-80-5. Definitions.
A. For the purpose of applying this chapter in the context of the Regulations for the Control and Abatement of Air Pollution and related uses, the words or terms shall have the meanings given them in subsection C of this section.
B. Unless otherwise required by context, all terms not defined herein shall have the meaning given them in 9VAC5-170 (Regulation for General Administration), 9VAC5-10 (General Definitions), or commonly ascribed to them by recognized authorities, in that order of priority.
C. Terms defined.
"Applicable federal requirement" means all of, but not limited to, the following as they apply to affected emissions units subject to this chapter (including requirements that have been promulgated or approved by the administrator through rulemaking at the time of permit issuance but have future-effective compliance dates):
1. Any standard or other requirement provided for in an implementation plan established pursuant to § 110, 111(d) or 129 of the federal Clean Air Act, including any source-specific provisions such as consent agreements or orders.
2. Any term or condition in any construction permit issued under the new source review program or in any operating permit issued pursuant to the state operating permit program. However, those terms or conditions designated as state-only enforceable shall not be applicable federal requirements.
3. Any emission standard, alternative emission standard, alternative emissions limitation, equivalent emissions limitation or other requirement established pursuant to § 112 or 129 of the federal Clean Air Act as amended in 1990.
4. Any new source performance standard or other requirement established pursuant to § 111 of the federal Clean Air Act, and any emission standard or other requirement established pursuant to § 112 of the federal Clean Air Act before it was amended in 1990.
5. Any limitations and conditions or other requirement in a Virginia regulation or program that has been approved by EPA under Subpart E of 40 CFR Part 63 for the purposes of implementing and enforcing § 112 of the federal Clean Air Act.
6. Any requirement concerning accident prevention under § 112(r)(7) of the federal Clean Air Act.
7. Any compliance monitoring requirements established pursuant to either § 504(b) or § 114(a)(3) of the federal Clean Air Act.
8. Any standard or other requirement for consumer and commercial products under § 183(e) of the federal Clean Air Act.
9. Any standard or other requirement for tank vessels under § 183(f) of the federal Clean Air Act.
10. Any standard or other requirement in 40 CFR Part 55 to control air pollution from outer continental shelf sources.
11. Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the federal Clean Air Act, unless the administrator has determined that such requirements need not be contained in a federal operating permit.
12. With regard to temporary sources subject to 9VAC5-80-130, (i) any ambient air quality standard, except applicable state requirements, and (ii) requirements regarding increments or visibility as provided in Article 8 (9VAC5-80-1605 et seq.) of Part II of this chapter.
13. Any standard or other requirement under § 126(a)(1) and (c) of the federal Clean Air Act.
"Board" means, for the purposes of this chapter, the Department of Environmental Quality. "Board" shall mean the State Air Pollution Control Board only for the purposes of granting direct consideration of permit actions as provided in 9VAC5-80-25 and granting requests for public hearings to contest permit actions as provided in 9VAC5-80-35.
"Federally enforceable" means all limitations and conditions that are enforceable by the administrator and citizens under the federal Clean Air Act or that are enforceable under other statutes administered by the administrator. Federally enforceable limitations and conditions include, but are not limited to the following:
1. Emission standards, alternative emission standards, alternative emissions limitations, and equivalent emissions limitations established pursuant to § 112 of the federal Clean Air Act as amended in 1990.
2. New source performance standards established pursuant to § 111 of the federal Clean Air Act, and emission standards established pursuant to § 112 of the federal Clean Air Act before it was amended in 1990.
3. All terms and conditions (unless expressly designated as state-only enforceable) in a federal operating permit, including any provisions that limit a source's potential to emit.
4. Limitations and conditions that are part of an implementation plan established pursuant to § 110, 111(d) or 129 of the federal Clean Air Act.
5. Limitations and conditions (unless expressly designated as state-only enforceable) that are part of a federal construction permit issued under 40 CFR 52.21 or any construction permit issued under regulations approved by EPA into the implementation plan.
6. Limitations and conditions (unless expressly designated as state-only enforceable) that are part of a state operating permit where the permit and the permit program pursuant to which it was issued meet all of the following criteria:
a. The operating permit program has been approved by the EPA into the implementation plan under § 110 of the federal Clean Air Act.
b. The operating permit program imposes a legal obligation that operating permit holders adhere to the terms and limitations of such permits and provides that permits that do not conform to the operating permit program requirements and the requirements of EPA's underlying regulations may be deemed not "federally enforceable" by EPA.
c. The operating permit program requires that all emissions limitations, controls, and other requirements imposed by such permits will be at least as stringent as any other applicable limitations and requirements contained in the implementation plan or enforceable under the implementation plan, and that the program may not issue permits that waive, or make less stringent, any limitations or requirements contained in or issued pursuant to the implementation plan, or that are otherwise "federally enforceable."
d. The limitations, controls, and requirements in the permit in question are permanent, quantifiable, and otherwise enforceable as a practical matter.
e. The permit in question was issued only after adequate and timely notice and opportunity for comment by EPA and the public.
7. Limitations and conditions in a regulation of the board or program that has been approved by EPA under Subpart E of 40 CFR Part 63 for the purposes of implementing and enforcing § 112 of the federal Clean Air Act.
8. Individual consent agreements that EPA has legal authority to create.
"Federal hazardous air pollutant new source review (NSR) program" means a program for the preconstruction review and approval of the construction, reconstruction or modification of any stationary source in accordance with regulations specified in subdivisions 1 through 3 of this definition and promulgated to implement the requirements of § 112 (relating to hazardous air pollutants) of the federal Clean Air Act. Any permit issued under this program is a major NSR permit.
1. The provisions of 40 CFR 61.05, 40 CFR 61.06, 40 CFR 61.07, 40 CFR 61.08 and 40 CFR 61.15 for issuing approvals of the construction of any new source or modification of any existing source subject to the provisions of 40 CFR Part 61.
2. The provisions of 40 CFR 63.5 for issuing approvals to construct a new source or reconstruct a source subject to the provisions of 40 CFR Part 63, except for Subparts B, D and E.
3. The provisions of 40 CFR 63.50 through 40 CFR 63.56 for issuing Notices of MACT Approval prior to the construction of a new emissions unit.
"Federal hazardous air pollutant new source review (NSR) permit" means a permit issued under the federal hazardous air pollutant new source review program.
"Federal operating permit" means a permit issued under the federal operating permit program.
"Federal operating permit program" means an operating permit system (i) for issuing terms and conditions for major stationary sources, (ii) established to implement the requirements of Title V of the federal Clean Air Act and associated regulations, and (iii) codified in Article 1 (9VAC5-80-50 et seq.), Article 2 (9VAC5-80-310 et seq.), Article 3 (9VAC5-80-360 et seq.), and Article 4 (9VAC5-80-710 et seq.) of Part II of this chapter.
"Major new source review (NSR) permit" means a permit issued under the major new source review program.
"Major new source review (major NSR) program" means a preconstruction review and permit program (i) for new major stationary sources or major modifications (physical changes or changes in the method of operation), (ii) established to implement the requirements of §§ 112, 165 and 173 of the federal Clean Air Act and associated regulations, and (iii) codified in Article 7 (9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-1605 et seq.) and Article 9 (9VAC5-80-2000 et seq.) of Part II of this chapter.
"Minor new source review (NSR) permit" means a permit issued under the minor new source review program.
"Minor new source review (minor NSR) program" means a preconstruction review and permit program (i) for regulated air pollutants from new stationary sources or projects that are not subject to review under the major new source review program, (ii) established to implement the requirements of §§ 110 (a)(2)(C) and 112 of the federal Clean Air Act and associated regulations, and (iii) codified in Article 6 (9VAC5-80-1100 et seq.) of Part II of this chapter. The minor NSR program may also be used to implement the terms and conditions designated as state-only enforceable; however, those terms and conditions shall not be applicable federal requirements.
"New source review (NSR) permit" means a permit issued under the new source review program.
"New source review (NSR) program" means a preconstruction review and permit program (i) for regulated air pollutants from new stationary sources or projects (physical changes or changes in the method of operation), (ii) established to implement the requirements of §§ 110 (a)(2)(C), 112 (relating to permits for hazardous air pollutants), 165 (relating to permits in prevention of significant deterioration areas), and 173 (relating to permits in nonattainment areas) of the federal Clean Air Act and associated regulations, and (iii) Article 7 (9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-1605 et seq.) and Article 9 (9VAC5-80-2000 et seq.) of Part II of this chapter. The NSR program may also be used to implement the terms and conditions designated as state-only enforceable; however, those terms and conditions shall not be applicable federal requirements.
"Nonattainment major new source review (NSR) program" means a preconstruction review and permit program (i) for new major stationary sources or major modifications (physical changes or changes in the method of operation), (ii) established to implement the requirements of § 173 of the federal Clean Air Act and associated regulations, and (iii) codified in Article 9 (9VAC5-80-2000 et seq.) of Part II of this chapter. Any permit issued under this program is a major NSR permit.
"Nonattainment major new source review (NSR) permit" means a permit issued under the nonattainment major new source review program.
"Permit action" means the activities associated with, and preliminary to, a decision of the board to approve, approve with conditions, or disapprove permit applications; actions to amend or modify permit terms or conditions; actions to renew, reopen, invalidate, suspend, revoke or enforce permit terms or conditions. The term "permit action" does not include actions to combine permit terms and conditions, provided there are no changes to any permit term or condition.
"Prevention of Significant Deterioration (PSD) program" means a preconstruction review and permit program (i) for new major stationary sources or major modifications (physical changes or changes in the method of operation), (ii) established to implement the requirements of § 165 of the federal Clean Air Act and associated regulations, and (iii) codified in Article 8 (9VAC5-80-1605 et seq.) of Part II of this chapter. Any permit issued under this program is a major NSR permit.
"Prevention of Significant Deterioration permit" means a permit issued under the Prevention of Significant Deterioration program.
"Public comment period" means a time during which the public shall have the opportunity to comment on the permit application information (exclusive of confidential information) for a new stationary source or project, the preliminary review and analysis of the effect of the source upon the ambient air quality, and the preliminary decision of the board regarding the permit application.
"Public hearing" means, unless indicated otherwise, an informal proceeding, similar to that provided for in § 2.2-4007 of the Administrative Process Act, held to afford people an opportunity to submit views and data relative to a matter on which a decision of the board is pending.
"Public participation process" means any element of a board or department decision-making process that provides an opportunity to submit views and data relative to a matter on which a decision of the board is pending.
"State operating permit" means a permit issued under the state operating permit program.
"State operating permit program" means an operating permit program (i) for issuing limitations and conditions for stationary sources, (ii) promulgated to meet the EPA's minimum criteria for federal enforceability, including adequate notice and opportunity for the EPA and public comment prior to issuance of the final permit, and practicable enforceability, and (iii) codified in Article 5 (9VAC5-80-800 et seq.) of Part II of this chapter.
9VAC5-80-15. Applicability.
A. The provisions of this part, unless specified otherwise, shall apply to only permit actions subject to a public participation process.
B. The provisions of this part do not apply to the appeal of the promulgation of regulations or variances. Appeals of the promulgation of regulations and variances shall be pursued under § 10.1-1317 of the Virginia Air Pollution Control Law and § 2.2-4026 of the Administrative Process Act.
C. The provisions of this part do not apply to the appeal of case decisions and other actions or inactions of the board.
9VAC5-80-25. Direct consideration of permit actions by the board.
A. During the public hearing comment period on a permit action, interested persons may request that the board directly consider the permit action pursuant to the requirements of this section. The public participation process requirements for the permit programs subject to this section are specified in subdivisions 1 through 4 of this subsection.
1. 9VAC5-80-1170 for the minor new source review (minor NSR) program.
2. 9VAC5-80-1460 for the federal hazardous air pollutant new source review (NSR) program.
3. 9VAC5-80-1775 for the Prevention of Significant Deterioration (PSD) program.
4. 9VAC5-80-2070 for the nonattainment major new source review (NSR) program.
B. Requests for board consideration shall contain the following information:
1. The name, mailing address, and telephone number of the requester;
2. The names and addresses of all persons for whom the requester is acting as a representative (for the purposes of this requirement, an unincorporated association is a person);
3. The reason why board consideration is requested;
4. A brief, informal statement setting forth the factual nature and the extent of the interest of the requester or of the persons for whom the requester is acting as representative in the application or preliminary determination, including an explanation of how and to what extent such interest would be directly and adversely affected by the issuance, denial, amendment, or revocation of the permit in question; and
5. Where possible, specific references to the terms and conditions of the permit in question, together with suggested revisions and alterations of those terms and conditions that the requester considers are needed to conform the permit to the intent and provisions of the Virginia Air Pollution Control Law.
C. Upon completion of the public comment period on a permit action, the director shall review all timely requests for board consideration filed during the public comment period on the permit action and within 30 calendar days following the expiration of the time period for the submission of requests shall grant board consideration after the public hearing, unless the permittee or applicant agrees to a later date, if the director finds the following:
1. That there is a significant public interest in the issuance, denial, amendment, or revocation of the permit in question as evidenced by receipt of a minimum of 25 individual requests for board consideration;
2. That the requesters raise substantial, disputed issues relevant to the issuance, denial, amendment, or revocation of the permit in question; and
3. That the action requested by the interested party is not on its face inconsistent with, or in violation of, the Virginia Air Pollution Control Law, federal law or any regulation promulgated thereunder.
D. Either the director or a majority of the board members, acting independently, may request a meeting of the board to be convened within 20 days of the director's decision pursuant to subsection C of this section in order to review such decision and determine by a majority vote of the board whether or not to grant board consideration, or to delegate the permit to the director for the director's decision. For purposes of this subsection, if a board meeting is held via electronic communication, the board shall have at least one forum open to the public and individual board members may participate from any location regardless of whether it is open to the public.
E. The director shall, forthwith, notify by mail at the director's last known address (i) each requester and (ii) the applicant or permittee of the decision to grant or deny board consideration.
F. In addition to subsections C, D, and E of this section, the director may, in his discretion, submit a permit action to the board for its consideration.
G. After the close of the public hearing comment period, the board shall, at a regular or special meeting, take final action on the permit. Such decision shall be issued within 90 days of the close of the public comment period or from a later date, as agreed to by the permittee or applicant and the board or the director.
H. Persons who commented during the public comment period shall be afforded an opportunity at the board meeting when final action is scheduled to respond to any summaries of the public comments prepared by the department for the board's consideration subject to such reasonable limitations on the time permitted for oral testimony or presentation of repetitive material as are determined by the board.
I. In making its decision, the board shall consider (i) the verbal and written comments received during the public comment period made part of the record, (ii) any explanation of comments previously received during the public comment period made at the board meeting, (iii) the comments and recommendation of the department, and (iv) the agency files. When the decision of the board is to adopt the recommendation of the department, the board shall provide in writing a clear and concise statement of the legal basis and justification for the decision reached. When the decision of the board varies from the recommendation of the department, the board shall, in consultation with legal counsel, provide a clear and concise statement explaining the reason for the variation and how the board's decision is in compliance with applicable laws and regulations. The written statement shall be provided contemporaneously with the decision of the board. Copies of the decision, certified by the director, shall be mailed by certified mail to the permittee or applicant.
9VAC5-80-35. Public hearings to contest permit actions.
A. During the public comment period on a permit action, interested persons may request a public hearing on the permit action pursuant to the requirements of this section. The public participation process requirements for the permit programs subject to this section are specified in subdivisions 1 and 2 of this subsection.
1. 9VAC5-80-270 and 9VAC5-80-670 for the federal (Title V) operating permit program.
2. 9VAC5-80-1020 for the state operating permit program.
B. Requests for a public hearing shall contain the following information:
1. The name, mailing address, and telephone number of the requester;
2. The names and addresses of all persons for whom the requester is acting as a representative (for the purposes of this requirement, an unincorporated association is a person);
3. The reason why a public hearing is requested;
4. A brief, informal statement setting forth the factual nature and the extent of the interest of the requester or of the persons for whom the requester is acting as representative in the application or preliminary determination, including an explanation of how and to what extent such interest would be directly and adversely affected by the issuance, denial, amendment, or revocation of the permit in question; and
5. Where possible, specific references to the terms and conditions of the permit in question, together with suggested revisions and alterations of those terms and conditions that the requester considers are needed to conform the permit to the intent and provisions of the Virginia Air Pollution Control Law.
C. Upon completion of the public comment period on a permit action, the director shall review all timely requests for public hearing filed during the public comment period on the permit action and within 30 calendar days following the expiration of the time period for the submission of requests shall grant a public hearing, unless the permittee or applicant agrees to a later date, if the director finds the following:
1. That there is a significant public interest in the issuance, denial, amendment, or revocation of the permit in question as evidenced by receipt of a minimum of 25 individual requests for a public hearing;
2. That the requesters raise substantial, disputed issues relevant to the issuance, denial, amendment, or revocation of the permit in question; and
3. That the action requested by the interested party is not on its face inconsistent with, or in violation of, the Virginia Air Pollution Control Law, federal law or any regulation promulgated thereunder.
D. Either the director or a majority of the board members, acting independently, may request a meeting of the board to be convened within 20 days of the director's decision pursuant to subsection C of this section in order to review such decision and determine by a majority vote of the board whether or not to grant a public hearing. For purposes of this subsection, if a board meeting is held via electronic communication, the board shall have at least one forum open to the public and individual board members may participate from any location regardless of whether it is open to the public.
E. The director shall, forthwith, notify by mail at the director's last known address (i) each requester and (ii) the applicant or permittee of the decision to grant or deny a public hearing.
F. In addition to subsections C, D, and E of this section, the director may, in the director's discretion, convene a public hearing on a permit action.
G. If a determination is made to hold a public hearing, the director shall schedule the hearing at a time between 45 and 75 days after mailing of the notice required by subsection E of this section.
H. The director shall cause, or require the applicant to publish, notice of a public hearing to be published once, in a newspaper of general circulation in the city or county where the facility or operation that is the subject of the permit or permit application is located, at least 30 days before the hearing date.
I. The director may, on the director's own motion or at the request of the applicant or permittee, for good cause shown, reschedule the date of the public hearing. In the event the director reschedules the date for the public hearing after notice has been published, the director shall, or require the applicant to, provide reasonable notice of the new date of the public hearing. Such notice shall be published once in the same newspaper where the original notice was published.
J. Public hearings held pursuant to these procedures may be conducted by the board at a regular or special meeting of the board and shall be presided over by a member of the board. Public hearings may be held before less than a quorum of the board.
K. The presiding board member shall have the authority to maintain order, preserve the impartiality of the decision process, and conclude the hearing process expeditiously. The presiding board member, in order to carry out his responsibilities under this subsection, is authorized to exercise the following powers, including but not limited to:
1. Prescribing the methods and procedures to be used in the presentation of factual data, arguments, and proof orally and in writing including the imposition of reasonable limitations on the time permitted for oral testimony;
2. Consolidating the presentation of factual data, arguments, and proof to avoid repetitive presentation of them;
3. Ruling on procedural matters; and
4. Acting as custodian of the record of the public hearing causing all notices and written submittals to be entered in it.
L. The public comment period will remain open for 15 days after the close of the public hearing if required by § 10.1-1307.01 of the Code of Virginia.
M. When the public hearing is conducted by less than a quorum of the board, the department shall, promptly after the close of the public hearing comment period, make a report to the board.
N. After the close of the public hearing comment period, the board shall, at a regular or special meeting, take final action on the permit. Such decision shall be issued within 90 days of the close of the public comment period or from a later date, as agreed to by the permittee or applicant and the board or the director.
O. When the public hearing was conducted by less than a quorum of the board, persons who commented during the public comment period shall be afforded an opportunity at the board meeting when final action is scheduled to respond to any summaries of the public comments prepared by the department for the board's consideration subject to such reasonable limitations on the time permitted for oral testimony or presentation of repetitive material as are determined by the board.
P. In making its decision, the board shall consider (i) the verbal and written comments received during the public comment period made part of the record, (ii) any explanation of comments previously received during the public comment period made at the board meeting, (iii) the comments and recommendation of the department, and (iv) the agency files. When the decision of the board is to adopt the recommendation of the department, the board shall provide in writing a clear and concise statement of the legal basis and justification for the decision reached. When the decision of the board varies from the recommendation of the department, the board shall, in consultation with legal counsel, provide a clear and concise statement explaining the reason for the variation and how the board's decision is in compliance with applicable laws and regulations. The written statement shall be provided contemporaneously with the decision of the board. Copies of the decision, certified by the director, shall be mailed by certified mail to the permittee or applicant.
9VAC5-80-150. Action on permit application.
A. A permit, permit modification, or renewal may be issued only if all of the following conditions have been met:
1. The board has received a complete application for a permit, permit modification, or permit renewal, except that a complete application need not be received before issuance of a general permit under 9VAC5-80-120.
2. Except for modifications qualifying for minor permit modification procedures under 9VAC5-80-210 or 9VAC5-80-220, the board has complied with the requirements for public participation under 9VAC5-80-270.
3. The board has complied with the requirements for notifying and responding to affected states under 9VAC5-80-290.
4. The conditions of the permit provide for compliance with all applicable requirements, the requirements of Article 2 (9VAC5-80-310 et seq.) of this part, and the requirements of this article.
5. The administrator has received a copy of the proposed permit and any notices required under 9VAC5-80-290 A and 9VAC5-80-290 B and has not objected to issuance of the permit under 9VAC5-80-290 C within the time period specified therein.
B. The Except for permit revisions, as required by the provisions of 9VAC5-80-200, 9VAC5-80-210, 9VAC5-80-220 or 9VAC5-80-230, the board shall take final action on each permit application (including a request for permit modification or renewal) no later than 18 months after a complete application is received by the board, with the following exceptions: except in cases where a public hearing to provide the opportunity for interested persons to contest the application is granted pursuant to 9VAC5-80-35. The board will review any request made under 9VAC5-80-270 E 2, and will take final action on the request and application as provided in Part I (9VAC5-80-5 et seq.) of this chapter.
1. For sources not deferred under 9VAC5-80-50 D, one-third of the initial permits shall be issued in each of the three years following the administrator's approval of this article, to include approval for federal delegation purposes.
2. For permit revisions, as required by the provisions of 9VAC5-80-200, 9VAC5-80-210, 9VAC5-80-220 or 9VAC5-80-230.
C. Issuance of permits under this article shall not take precedence over or interfere with the issuance of preconstruction permits under the new source review program.
D. The board shall provide a statement that sets forth the legal and factual basis for the draft permit conditions (including references to the applicable statutory or regulatory provisions). The board shall send this statement to the administrator and to any other person who requests it.
E. Within five days after receipt of the issued permit, the applicant shall maintain the permit on the premises for which the permit has been issued and shall make the permit immediately available to the board upon request.
9VAC5-80-230. Significant modification procedures.
A. Significant modification procedures shall be used for applications requesting permit modifications that do not qualify as minor permit modifications under 9VAC5-80-210 or 9VAC5-80-220 or as administrative amendments under 9VAC5-80-200. Significant modification procedures shall be used for those permit modifications that:
1. Involve significant changes to existing monitoring, reporting, or recordkeeping requirements in the permit, such as a change to the method of monitoring to be used, a change to the method of demonstrating compliance or a relaxation of reporting or recordkeeping requirements.
2. Require or change a case-by-case determination of an emission limitation or other standard, or a source-specific determination for temporary sources of ambient impacts made under 9VAC5 Chapter 40 (9VAC5-40-10 et seq.), 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) or 9VAC5 Chapter 60 (9VAC5-60-10 et seq.) 9VAC5-40 (Existing Stationary Sources), 9VAC5-50 (New and Modified Stationary Sources), or 9VAC5-60 (Hazardous Air Pollutant Sources), or a visibility or increment analysis carried out under this chapter.
3. Seek to establish or change a permit term or condition for which there is no corresponding underlying applicable federal requirement and that the source has assumed to avoid an applicable federal requirement to which the source would otherwise be subject. Such terms and conditions include:
a. A federally enforceable emissions cap assumed to avoid classification as a Title I modification.
b. An alternative emissions limit approved pursuant to regulations promulgated under § 112(i)(5) of the federal Clean Air Act (early reduction of hazardous air pollutants).
B. An application for a significant permit modification shall meet the requirements of 9VAC5-80-80 and 9VAC5-80-90 for permit issuance and renewal for the modification proposed and shall include the following:
1. A description of the change, the emissions resulting from the change, and any new applicable federal requirements that will apply if the change occurs.
2. A suggested draft permit prepared by the applicant.
3. Completed forms for the board to use to notify the administrator and affected states as required under 9VAC5-80-290.
C. The provisions of 9VAC5-80-290 shall be carried out for significant permit modifications in the same manner as they would be for initial permit issuance and renewal.
D. The provisions of 9VAC5-80-270 shall apply to applications made under this section.
E. The board shall take final action on significant permit modifications within nine months after receipt of a complete application.
F. The owner shall not make the change applied for in the significant modification application until the modification is approved by the board under subsection E of this section.
G. The provisions of 9VAC5-80-140 shall apply to changes made under this section.
9VAC5-80-270. Public participation.
A. Except for modifications qualifying for minor permit modification procedures and administrative permit amendments, draft permits for initial permit issuance, significant modifications, and renewals shall be subject to a public comment period of at least 30 days. The board shall notify the public using the procedures in subsection B of this section.
B. The board shall notify the public of the draft permit or draft permit modification (i) by advertisement in a newspaper of general circulation in the area where the source is located and (ii) through a notice to persons on a permit mailing list who have requested such information of the opportunity for public comment on the information available for public inspection under the provisions of subsection C of this section.
C. Provisions for the content of the public notice and availability of information shall be as follows:
1. The notice shall include, but not be limited to, the following:
a. The source name, address and description of specific location.
b. The name and address of the permittee.
c. The name and address of the regional office processing the permit.
d. The activity or activities for which the permit action is sought.
e. The emissions change that would result from the permit issuance or modification.
f. The name, address, and telephone number of a department contact from whom interested persons may obtain additional information, including copies of the draft permit or draft permit modification, the application, and all relevant supporting materials, including the compliance plan.
g. A brief description of the comment procedures required by this section.
h. A brief description of the procedures to be used to request a hearing or the time and place of the public hearing if the board determines to hold a hearing under subdivision E 3 of this section.
2. Information on the permit application (exclusive of confidential information under 9VAC5-20-150), as well as the draft permit or draft permit modification, shall be available for public inspection during the entire public comment period at the regional office.
D. The board shall provide such notice and opportunity for participation by affected states as is provided for by 9VAC5-80-290.
E. Provisions for public hearing shall be as follows:
1. The board shall provide an opportunity for a public hearing as described in subdivisions 2 through 6 of this subsection.
2. Following the initial publication of the notice of a public comment period required under subsection B of this section, the board will receive written requests for a public hearing to consider contest the draft permit or draft permit modification pursuant to the requirements of 9VAC5-80-35. The In order to be considered, the request shall be submitted within 30 days of the appearance of the notice in the newspaper no later than the end of the comment period. Request for a public hearing shall contain the following information:
a. The name, mailing address and telephone number of the requester.
b. The names and addresses of all persons for whom the requester is acting as a representative (for the purposes of this requirement, an unincorporated association is a person).
c. The reason why a public hearing is requested, including the air quality concern that forms the basis for the request.
d. A brief, informal statement setting forth the factual nature and the extent of the interest of the requester or of the persons for whom the requester is acting as representative in the draft permit or draft permit modification, including information on how the operation of the facility under consideration affects the requester an explanation of how and to what extent such interest would be directly and adversely affected by the issuance, denial, modification, or revocation of the permit in question.
e. Where possible, specific references to the terms and conditions of the permit in question, together with suggested revisions and alterations of those terms and conditions that the requester considers are needed to conform the permit to the intent and provisions of the Virginia Air Pollution Control Law.
3. The board shall review all requests for public hearing filed as required under subdivision 2 of this subsection and within 30 calendar days following the expiration of the public comment period shall grant a public hearing if it finds both of the following: will review any request made under subdivision 2 of this subsection, and will take final action on the request as provided in 9VAC5-80-150 B.
a. There is significant public interest in the air quality issues raised by the permit application in question.
b. There are substantial, disputed air quality issues relevant to the permit application in question.
4. The board shall notify by mail the applicant and each requester, at his last known address, of the decision to convene or deny a public hearing. The notice shall contain the basis for the decision to grant or deny a public hearing. If the public hearing is granted, the notice shall contain a description of procedures for the public hearing.
5. If the board decides to hold a public hearing, the hearing shall be scheduled at least 30 and no later than 60 days after mailing the notification required in subdivision 4 of this subsection.
6. The procedures for notification to the public and availability of information used for the public comment period as provided in subsection C of this section shall also be followed for the public hearing. The hearing shall be held in the affected air quality control region.
7. As an alternative to the requirements of subdivisions 1 through 6 of this subsection, the board may hold a public hearing if an applicant requests that a public hearing be held or if, prior to the public comment period, the board determines that the conditions in subdivisions 3 a and b of this subsection pertain to the permit application in question.
8. The board may hold a public hearing for more than one draft permit or draft permit modification if the location for the public hearing is appropriate for the sources under consideration and if the public hearing time expected for each draft permit or draft permit modification will provide sufficient time for public concerns to be heard.
9. Written comments shall be accepted by the board for at least 15 days after the hearing.
F. The board shall keep a record of the commenters and a record of the issues raised during the public participation process so that the administrator may fulfill his the administrator's obligation under § 505(b)(2) of the federal Clean Air Act to determine whether a citizen petition may be granted. Such records shall be made available to the public upon request.
9VAC5-80-510. Action on permit application.
A. The board shall take final action on each permit application (including a request for permit modification or renewal) as follows:
1. The board shall issue or deny all permits in accordance with the requirements of this article and this section, including the completeness determination, draft permit, administrative record, statement of basis, public notice and comment period, public hearing, proposed permit, permit issuance, permit revision, and appeal procedures as amended by 9VAC5-80-660 C.
2. For permit revisions, as required by the provisions of 9VAC5-80-500 through 9VAC5-80-630.
B. A permit, permit modification, or renewal may be issued only if all of the following conditions have been met:
1. The board has received a complete application for a permit, permit modification, or permit renewal.
2. Except for modifications qualifying for minor permit modification procedures under 9VAC5-80-570 or 9VAC5-80-580, the board has complied with the requirements for public participation under 9VAC5-80-670.
3. The board has complied with the requirements for notifying and responding to affected states under 9VAC5-80-690.
4. The conditions of the permit provide for compliance with all applicable requirements, the requirements of Article 2 (9VAC5-80-310 et seq.) of this part, and the requirements of this article.
5. The administrator has received a copy of the proposed permit and any notices required under 9VAC5-80-690 A and B and has not objected to issuance of the permit under 9VAC5-80-690 C within the time period specified therein.
C. The issuance of the acid rain portion of the federal operating permit shall be as follows:
1. After the close of the public comment period, the board shall incorporate all necessary changes and issue or deny a proposed acid rain permit.
2. The board shall submit the proposed acid rain permit or denial of a proposed acid rain permit to the administrator in accordance with 9VAC5-80-690, the provisions of which shall be treated as applying to the issuance or denial of a proposed acid rain permit.
3. Action by the administrator shall be as follows:
a. Following the administrator's review of the proposed acid rain permit or denial of a proposed acid rain permit, the board or, under 9VAC5-80-690 C, the administrator shall incorporate any required changes and issue or deny the acid rain permit in accordance with 9VAC5-80-490 and 9VAC5-80-500.
b. No acid rain permit (including a draft or proposed permit) shall be issued unless the administrator has received a certificate of representation for the designated representative of the source in accordance with Subpart B of 40 CFR Part 72.
4. Permit issuance deadlines and effective dates shall be as follows:
a. The board shall issue an acid rain permit to each affected source whose designated representative submitted in accordance with 9VAC5-80-430 G a timely and complete acid rain permit application by January 1, 1996, that meets the requirements of this article. The permit shall be issued by the effective date specified in subdivision 4 c of this subsection.
b. Not later than January 1, 1999, the board shall reopen the acid rain permit to add the acid rain program nitrogen oxides requirements, provided that the designated representative of the affected source submitted a timely and complete acid rain permit application for nitrogen oxides in accordance with 9VAC5-80-430 G. Such reopening shall not affect the term of the acid rain portion of a federal operating permit.
c. Each acid rain permit issued in accordance with subdivision 4 a of this subsection shall take effect by the later of January 1, 1998, or, where the permit governs a unit under 9VAC5-80-380 A 3, the deadline for monitor certification under 40 CFR Part 75.
d. Both the acid rain draft and final permit shall state that the permit applies on and after January 1, 2000. The draft and final permit shall also specify which applicable requirements are effective prior to January 1, 2000, and the effective date of those applicable requirements.
e. Each acid rain permit shall have a term of five years commencing on its effective date.
f. An acid rain permit shall be binding on any new owner or operator or designated representative of any source or unit governed by the permit.
5. Each acid rain permit shall contain all applicable acid rain requirements, shall be a portion of the federal operating permit that is complete and segregable from all other air quality requirements, and shall not incorporate information contained in any other documents, other than documents that are readily available.
6. Invalidation of the acid rain portion of a federal operating permit shall not affect the continuing validity of the rest of the operating permit, nor shall invalidation of any other portion of the operating permit affect the continuing validity of the acid rain portion of the permit.
D. The board shall take final action on each permit application (including a request for a permit modification or renewal) no later than 18 months after a complete application is received by the board, except for initial permits in cases where a public hearing to provide the opportunity for interested persons to contest the application is granted pursuant to 9VAC5-80-35. The board will review any request made under 9VAC5-80-670 E 2, and will take final action on the request and application as provided in Part I (9VAC5-80-5 et seq.) of this chapter. The initial permits issued under this article shall be issued by the effective date specified in subdivision C 4 c of this section.
E. Issuance of permits under this article shall not take precedence over or interfere with the issuance of preconstruction permits under the new source review program.
F. The board shall provide a statement that sets forth the legal and factual basis for the draft permit conditions (including references to the applicable statutory or regulatory provisions) as follows. The board shall send this statement to the administrator and to any other person who requests it.
1. The statement of basis shall briefly set forth significant factual, legal, and policy considerations on which the board relied in issuing or denying the draft permit.
2. The statement of basis shall include the reasons, and supporting authority, for approval or disapproval of any compliance options requested in the permit application, including references to applicable statutory or regulatory provisions and to the administrative record.
3. The board shall submit to the administrator a copy of the draft acid rain permit and the statement of basis and all other relevant portions of the federal operating permit that may affect the draft acid rain permit.
G. Within five days after receipt of the issued permit, the applicant shall maintain the permit on the premises for which the permit has been issued and shall make the permit immediately available to the board upon request.
9VAC5-80-590. Significant modification procedures.
A. Significant modification procedures shall be used for applications requesting permit modifications that do not qualify as minor permit modifications under 9VAC5-80-570 or 9VAC5-80-580 or as administrative amendments under 9VAC5-80-560. Significant modification procedures shall be used for those permit modifications that:
1. Involve significant changes to existing monitoring, reporting, or recordkeeping requirements in the permit, such as a change to the method of monitoring to be used, a change to the method of demonstrating compliance or a relaxation of reporting or recordkeeping requirements.
2. Require or change a case-by-case determination of an emission limitation or other standard, or a source-specific determination for temporary sources of ambient impacts made under 9VAC5 Chapter 40 (9VAC5-40-10 et seq.), 9VAC5 Chapter 50 (9VAC5-50-10 et seq.), or 9VAC5 Chapter 60 (9VAC5-60-10 et seq.) 9VAC5-40 (Existing Stationary Sources), 9VAC5-50 (New and Modified Stationary Sources), or 9VAC5-60 (Hazardous Air Pollutant Sources), or a visibility or increment analysis carried out under this chapter.
3. Seek to establish or change a permit term or condition for which there is no corresponding underlying applicable federal requirement and that the source has assumed to avoid an applicable federal requirement to which the source would otherwise be subject. Such terms and conditions include:
a. A federally enforceable emissions cap assumed to avoid classification as a Title I modification.
b. An alternative emissions limit approved pursuant to regulations promulgated under § 112(i)(5) of the federal Clean Air Act (early reduction of hazardous air pollutants).
B. An application for a significant permit modification shall meet the requirements of 9VAC5-80-430 and 9VAC5-80-440 for permit issuance and renewal for the modification proposed and shall include the following:
1. A description of the change, the emissions resulting from the change, and any new applicable federal requirements that will apply if the change occurs.
2. A suggested draft permit prepared by the applicant.
3. Completed forms for the board to use to notify the administrator and affected states as required under 9VAC5-80-690.
C. The provisions of 9VAC5-80-690 shall be carried out for significant permit modifications in the same manner as they would be for initial permit issuance and renewal.
D. The provisions of 9VAC5-80-670 shall apply to applications made under this section.
E. The board shall take final action on significant permit modifications within nine months after receipt of a complete application.
F. The owner shall not make the change applied for in the significant modification application until the modification is approved by the board under subsection E of this section.
G. The provisions of 9VAC5-80-500 shall apply to changes made under this section.
9VAC5-80-670. Public participation.
A. Except for modifications qualifying for minor permit modification procedures and administrative permit amendments, draft permits for initial permit issuance, significant modifications, and renewals shall be subject to a public comment period of at least 30 days. The board shall notify the public using the procedures in subsection B of this section.
B. The board shall notify the public of the draft permit or draft permit modification (i) by advertisement in a newspaper of general circulation in the area where the source is located and (ii) through a notice to persons on a permit mailing list who have requested such information of the opportunity for public comment on the information available for public inspection under the provisions of subsection C of this section.
C. The following requirements apply with respect to content of the public notice and availability of information:
1. The notice shall include, but not be limited to, the following:
a. The source name, address and description of specific location.
b. The name and address of the permittee.
c. The name and address of the regional office processing the permit.
d. The activity or activities for which the permit action is sought.
e. The emissions change that would result from the permit issuance or modification.
f. The name, address, and telephone number of a department contact from whom interested persons may obtain additional information, including copies of the draft permit or draft permit modification, the application, and all relevant supporting materials, including the compliance plan.
g. A brief description of the comment procedures required by this section.
h. A brief description of the procedures to be used to request a hearing or the time and place of the public hearing if the board determines to hold a hearing under subdivision E 3 of this section.
2. Information on the permit application (exclusive of confidential information under 9VAC5-20-150), as well as the draft permit or draft permit modification, shall be available for public inspection during the entire public comment period at the regional office.
D. The board shall provide such notice and opportunity for participation by affected states as is provided for by 9VAC5-80-690.
E. The following requirements apply with respect to opportunity for public hearing:
1. The board shall provide an opportunity for a public hearing as described in subdivisions 2 through 6 of this subsection.
2. Following the initial publication of the notice of a public comment period required under subsection B of this section, the board shall receive written requests for a public hearing to consider contest the draft permit or draft permit modification pursuant to the requirements of 9VAC5-80-35. The In order to be considered, the request shall be submitted within 30 days of the appearance of the notice in the newspaper no later than the end of the comment period. Request for a public hearing shall contain the following information:
a. The name, mailing address and telephone number of the requester.
b. The names and addresses of all persons for whom the requester is acting as a representative (for the purposes of this requirement, an unincorporated association is a person).
c. The reason why a public hearing is requested, including the air quality concern that forms the basis for the request.
d. A brief, informal statement setting forth the factual nature and the extent of the interest of the requester or of the persons for whom the requester is acting as representative in the draft permit or draft permit modification, including information on how the operation of the facility under consideration affects the requester an explanation of how and to what extent such interest would be directly and adversely affected by the issuance, denial, modification, or revocation of the permit in question.
e. Where possible, specific references to the terms and conditions of the permit in question, together with suggested revisions and alterations of those terms and conditions that the requester considers are needed to conform the permit to the intent and provisions of the Virginia Air Pollution Control Law.
3. The board shall review all requests for public hearing filed as required under subdivision E 2 of this section and, within 30 calendar days following the expiration of the public comment period, shall grant a public hearing if it finds both of the following: will review any request made under subdivision 2 of this subsection, and will take final action on the request as provided in 9VAC5-80-510 D.
a. There is significant public interest in the air quality issues raised by the permit application in question.
b. There are substantial, disputed air quality issues relevant to the permit application in question.
4. The board shall notify by mail the applicant and each requester, at his last known address, of the decision to convene or deny a public hearing. The notice shall contain the basis for the decision to grant or deny a public hearing. If the public hearing is granted, the notice shall contain a description of procedures for the public hearing.
5. If the board decides to hold a public hearing, the hearing shall be scheduled at least 30 and no later than 60 days after mailing the notification required in subdivision 4 of this subsection.
6. The procedures for notification to the public and availability of information used for the public comment period as provided in subsection C of this section shall also be followed for the public hearing. The hearing shall be held in the affected air quality control region.
7. As an alternative to the requirements of subdivisions 1 through 6 of this subsection, the board may hold a public hearing if an applicant requests that a public hearing be held or if, prior to the public comment period, the board determines that the conditions in subdivisions 3 a and b of this subsection pertain to the permit application in question.
8. The board may hold a public hearing for more than one draft permit or draft permit modification if the location for the public hearing is appropriate for the sources under consideration and if the public hearing time expected for each draft permit or draft permit modification will provide sufficient time for public concerns to be heard.
9. Written comments shall be accepted by the board for at least 15 days after the hearing.
F. The board shall keep (i) a record of the commenters and (ii) a record of the issues raised during the public participation process so that the administrator may fulfill his the administrator's obligation under § 505(b)(2) of the federal Clean Air Act to determine whether a citizen petition may be granted. Such records shall be made available to the public upon request.
9VAC5-80-860. Action on permit application.
A. After receipt of an application or any additional information, the board shall advise the applicant in writing of any deficiency in such application or information no later than 30 days after receipt of the application or additional information.
B. If no public comment period is required, processing The board will normally process an application according to the steps specified in subdivisions 1 through 5 of this subsection. Processing time for a permit these steps is normally 90 days following receipt of a complete application. If a public comment period is required, processing time for a permit is normally 180 days following receipt of a complete application. The board may extend this time period if additional information is required needed. Processing steps may include, but not be limited to:
1. Completion of Complete the preliminary review and analysis in accordance with 9VAC5-80-870 and the preliminary decision determination of the board;
2. Inspection of Inspect the stationary source or emissions unit, provided an inspection has not been conducted within the last six months;
3. Public comment period, when When required by, complete the public participation requirements in accordance with 9VAC5-80-1020; and
4. Consider the public comments received in accordance with 9VAC5-80-1020; and
4. Completion of 5. Complete the final review and analysis and the final decision determination of the board.
C. The board will normally take final action on all complete applications an application after completion of the review and analysis, unless more information is needed steps in subsection B of this section except in cases where a public hearing to provide the opportunity for interested persons to contest the application is granted pursuant to 9VAC5-80-35. The board will review any request made under 9VAC5-80-1020 C, and will take final action on the request and application as provided in Part I (9VAC5-80-5 et seq.) of this chapter.
D. The board shall issue the permit or notify the applicant in writing of its decision, with its reasons, not to issue the permit.
D. E. Within five days after receipt of the permit pursuant to subsection B of this section, the applicant shall maintain the permit on the premises for which the permit has been issued and shall make the permit immediately available to the board upon request.
E. F. Appeals of decisions rendered pursuant to this article shall follow the procedures outlined in Part VIII (9VAC5-170-190 et seq.) of 9VAC5 Chapter 170 9VAC5-170 (Regulation for General Administration).
9VAC5-80-990. Significant amendment procedures.
A. The criteria for use of significant amendment procedures are as follows:
1. Significant amendment procedures shall be used for requests for permit amendments that do not qualify as minor permit amendments under 9VAC5-80-980 or as administrative amendments under 9VAC5-80-970.
2. Significant amendment procedures shall be used for those permit amendments that:
a. Involve significant changes to existing monitoring, reporting, or recordkeeping requirements that would make the permit requirements less stringent, such as a change to the method of monitoring to be used, a change to the method of demonstrating compliance or a relaxation of reporting or recordkeeping requirements.
b. Require or change a case-by-case determination of an emission limitation or other standard.
c. Seek to establish or change a permit term or condition (i) for which there is no corresponding underlying applicable regulatory requirement and (ii) that the source has assumed to avoid an applicable regulatory requirement to which the source would otherwise be subject. Such terms and conditions include:
(1) An emissions cap assumed to avoid classification as a modification under the new source review program or § 112 of the federal Clean Air Act.
(2) An alternative emissions limit approved pursuant to regulations promulgated under § 112(i)(5) of the federal Clean Air Act.
B. A request for a significant permit amendment shall include the following:
1. A description of the change, the emissions resulting from the change, and any new applicable regulatory requirements that will apply if the change occurs.
2. A suggested draft permit prepared by the applicant.
C. The provisions of 9VAC5-80-1020 shall apply to applications made under this section.
D. The board will normally take final action on significant permit amendments within 90 days after receipt of a complete request. If a public comment period is required, processing time for a request is normally 180 days following receipt of a complete request except in cases where a public hearing to provide the opportunity for interested persons to contest the request is granted pursuant to 9VAC5-80-35. The board may extend this time period if additional information is needed.
E. The owner shall not make the change applied for in the significant amendment request until the amendment is approved by the board under subsection D of this section.
9VAC5-80-1020. Public participation.
A. Prior to the decision of the board, permit applications for permits containing provisions that are necessary for the permit to be federally enforceable shall be subject to a public comment period of at least 30 days.
B. When a public comment period is required, the board shall notify the public, by advertisement in at least one newspaper of general circulation in the affected air quality control region, of the opportunity for public comment on the information available for public inspection under the provisions of subsection A of this section. The notification shall be published at least 30 days prior to the day of the public hearing.
1. Information on the permit application (exclusive of confidential information under 9VAC5-170-60, as well as the preliminary review and analysis and tentative preliminary determination of the board, shall be available for public inspection during the entire public comment period in at least one location in the affected air quality control region.
2. A copy of the notice shall be sent to all affected local air pollution control agencies, to all states sharing the affected air quality control region, to the regional administrator of the U.S. Environmental Protection Agency, and to any other governmental entity required to be notified under state or federal law or regulation.
C. Following the initial publication of the notice of a public comment period required under subsection B of this section, the board will receive written requests for a public hearing to reconsider contest the tentative preliminary determination of the board pursuant to the requirements of 9VAC5-80-35. The In order to be considered, the request shall be submitted within 30 days of the appearance of the notice in the newspaper no later than the end of the comment period. Request for a public hearing shall contain the following information:
1. The name, mailing address, and telephone number of the requester;
2. The names and addresses of all persons for whom the requester is acting as a representative (for the purposes of this requirement, an unincorporated association is a person);
3. The reason why a public hearing is requested; and
4. A brief, informal statement setting forth the factual nature and the extent of the interest of the requester or of the persons for whom the requester is acting as representative in the application or preliminary determination, including an explanation of how and to what extent such interest would be directly and adversely affected by the decision of the board issuance, denial, amendment, or revocation of the permit in question; and
5. Where possible, specific references to the terms and conditions of the permit in question, together with suggested revisions and alterations of those terms and conditions that the requester considers are needed to conform the permit to the intent and provisions of the Virginia Air Pollution Control Law.
D. The board will normally review all timely requests for public hearing filed during the 30 days following the appearance of the public comment notice in the newspaper; and normally within 30 calendar days following the expiration of the public comment period will grant a public hearing if it finds the following: The board will review any request made under subsection C of this section, and will take final action on the request as provided in 9VAC5-80-860 C.
1. There is significant public interest in the permit application in question; and
2. There are substantial, disputed issues relevant to the permit application in question.
E. The board shall notify by mail the applicant and each requester, at his last known address, of the decision to convene or deny a public hearing. The notice shall contain a description of procedures for the public hearing and for the final decision under this section.
F. If the board decides to hold a public hearing, the hearing will normally be scheduled at a time between 30 and 60 days after mailing the notification required in subsection E of this section.
G. The procedures for notification to the public and availability of information used for the public comment period or provided in subsection B of this section shall also be followed for the public hearing. The hearing shall be held in the affected air quality control region.
9VAC5-80-1160. Action on permit application.
A. Within 30 days after receipt of an application, the board will notify the applicant of the status of the application. The notification of the initial determination with regard to the status of the application will be provided by the board in writing and will include (i) a determination as to which provisions of the new source review program are applicable, (ii) the identification of any deficiencies, and (iii) a determination as to whether the application contains sufficient information to begin application review. The determination that the application has sufficient information to begin review is not necessarily a determination that it is complete. Within 30 days after receipt of any additional information, the board will notify the applicant in writing of any deficiencies in such information. The date of receipt of a complete application for processing under subsection B of this section shall be the date on which the board received all required information and the provisions of § 10.1-1321.1 of the Virginia Air Pollution Control Law have been met, if applicable.
B. If no public comment period is required, processing The board will normally process an application according to the steps specified in subdivisions 1 through 4 of this subsection. Processing time for a permit these steps is normally 90 days following receipt of a complete application. If a public comment period hearing is required, processing time for a permit is normally 180 days following receipt of a complete application. The board may extend this time period if additional information is required or if a public hearing is conducted under 9VAC5-80-1170 needed. Processing steps may include, but not be limited to, the following:
1. Completion of Complete the preliminary review and analysis in accordance with 9VAC5-80-1190 and the preliminary decision determination of the board. This step may constitute the final step if the provisions of 9VAC5-80-1170 concerning public participation are not applicable.
2. When required, completion of complete the public participation requirements in accordance with 9VAC5-80-1170.
3. Consider the public comments received in accordance with 9VAC5-80-1170.
3. Completion of 4. Complete the final review and analysis and the final decision determination of the board.
C. The board will normally take final action on all applications an application after completion of the review and analysis, or expiration of the public comment period (and consideration of comments from that) when required, unless more information is needed applicable steps in subsection B of this section, except in cases where direct consideration of the application by the board is granted pursuant to 9VAC5-80-25. The board will review any request made under 9VAC5-80-1170 F, and will take final action on the request and application as provided in Part I (9VAC5-80-5 et seq.) of this chapter.
D. The board shall notify the applicant in writing of its decision on the application, including its reasons, and shall also specify the applicable emission limitations. These emission limitations are applicable during any emission testing conducted in accordance with 9VAC5-80-1200.
D. E. The applicant may appeal the decision pursuant to Part VIII (9VAC5-170-190 et seq.) of 9VAC5 Chapter 170.
E. F. Within five days after notification to the applicant pursuant to subsection C of this section, the notification and any comments received pursuant to the public comment period and public hearing shall be made available for public inspection at the same location as was the information in 9VAC5-80-1170 E 1.
9VAC5-80-1170. Public participation.
A. No later than 15 days after receiving the initial determination notification required under 9VAC5-80-1160 A, the applicant for a permit for a major stationary source or a major modification shall notify the public of the proposed major stationary source or major modification in accordance with subsection B of this section.
B. The public notice required by subsection A of this section shall be placed by the applicant in at least one newspaper of general circulation in the affected air quality control region. The notice shall be approved by the board and shall include, but not be limited to, the following:
1. The source name, location, and type;
2. The pollutants and the total quantity of each which the applicant estimates will be emitted, and a brief statement of the air quality impact of such pollutants;
3. The control technology proposed to be used at the time of the publication of the notice; and
4. The name and telephone number of a contact person, employed by the applicant, who can answer questions about the proposed source.
C. Upon a determination by the board that it will achieve the desired results in an equally effective manner, an applicant for a permit may implement an alternative plan for notifying the public to that required in subsections A and B of this section.
D. Prior to the decision of the board, permit applications as specified below shall be subject to a public comment period of at least 30 days. At the end of the public comment period, a public hearing shall be held in accordance with subsection E of this section.
1. Applications for stationary sources of hazardous air pollutants requiring a case-by-case maximum achievable control technology determination under Article 3 (9VAC5-60-120 et seq.) of 9VAC5 Chapter 60.
2. Applications for major stationary sources and major modifications.
3. Applications for stationary sources which have the potential for public interest concerning air quality issues, as determined by the board in its discretion. The identification of such sources may be made using the following nonexclusive criteria:
a. Whether the project is opposed by any person;
b. Whether the project has resulted in adverse media;
c. Whether the project has generated adverse comment through any public participation or governmental review process initiated by any other governmental agency; and
d. Whether the project has generated adverse comment by a local official, governing body or advisory board.
4. Applications for stationary sources for which any provision of the permit is to be based upon a good engineering practice (GEP) stack height that exceeds the height allowed by subdivisions 1 and 2 of the GEP definition. The demonstration specified in subdivision 3 of the GEP definition must be available during the public comment period.
E. When a public comment period and public hearing are required, the board shall notify the public, by advertisement in at least one newspaper of general circulation in the affected air quality control region, of the opportunity for the public comment and the public hearing on the information available for public inspection under the provisions of subdivision 1 of this subsection. The notification shall be published at least 30 days prior to the day of the public hearing. Written comments will be accepted by the board for at least 15 days after any hearing, unless the board votes to shorten the period.
1. Information on the permit application (exclusive of confidential information under 9VAC5-170-60), as well as the preliminary review and analysis and preliminary decision determination of the board, shall be available for public inspection during the entire public comment period in at least one location in the affected air quality control region.
2. A copy of the notice shall be sent to all local air pollution control agencies having jurisdiction in the affected air quality control region, all states sharing the affected air quality control region, and to the regional administrator, U.S. Environmental Protection Agency.
3. Notices of public comment periods and public hearings for major stationary sources and major modifications published under this section shall meet the requirements of § 10.1-1307.01 of the Virginia Air Pollution Control Law.
F. Following the initial publication of the notice required under subsection E of this section, the board will receive written requests for direct consideration of the application by the board pursuant to the requirements of 9VAC5-80-25. In order to be considered, the request must be submitted no later than the end of the public comment period. A request for direct consideration of an application by the board shall contain the following information:
1. The name, mailing address, and telephone number of the requester.
2. The names and addresses of all persons for whom the requester is acting as a representative (for the purposes of this requirement, an unincorporated association is a person).
3. The reason why direct consideration by the board is requested.
4. A brief, informal statement setting forth the factual nature and the extent of the interest of the requester or of the persons for whom the requester is acting as representative in the application or preliminary determination, including an explanation of how and to what extent such interest would be directly and adversely affected by the issuance, denial or revision of the permit in question.
5. Where possible, specific references to the terms and conditions of the permit in question, together with suggested revisions and alterations of those terms and conditions that the requester considers are needed to conform the permit to the intent and provisions of the Virginia Air Pollution Control Law.
G. The board will review any request made under subsection F of this section, and will take final action on the request as provided in 9VAC5-80-1160 C.
F. H. In order to facilitate the efficient issuance of permits under Articles 1 (9VAC5-80-50 et seq.) and 3 (9VAC5-80-360 et seq.) of this part, upon request of the applicant the board shall process the permit application under this article using public participation procedures meeting the requirements of this section and 9VAC5-80-270 or 9VAC5-80-670, as applicable.
9VAC5-80-1290. Significant amendment procedures.
A. The criteria for use of significant amendment procedures are as follows:
1. Significant amendment procedures shall be used for requesting permit amendments that do not qualify as minor permit amendments under 9VAC5-80-1280 or as administrative amendments under 9VAC5-80-1270.
2. Significant amendment procedures shall be used for those permit amendments that:
a. Involve significant changes to existing monitoring, reporting, or recordkeeping requirements that would make the permit requirements less stringent, such as a change to the method of monitoring to be used, a change to the method of demonstrating compliance or a relaxation of reporting or recordkeeping requirements.
b. Require or change a case-by-case determination of an emission limitation or other standard.
c. Seek to establish or change a permit term or condition (i) for which there is no corresponding underlying applicable regulatory requirement and (ii) that the source has assumed to avoid an applicable regulatory requirement to which the source would otherwise be subject. Such terms and conditions include:
(1) An emissions cap assumed to avoid classification as a modification under the new source review program or § 112 of the federal Clean Air Act; and
(2) An alternative emissions limit approved pursuant to regulations promulgated under § 112(i)(5) of the federal Clean Air Act.
B. A request for a significant permit amendment shall include a description of the change, the emissions resulting from the change, and any new applicable regulatory requirements that will apply if the change occurs. The applicant may, at his the applicant's discretion, include a suggested draft permit amendment.
C. The provisions of 9VAC5-80-1170 shall apply to requests made under this section if the permit is for a stationary source subject to 9VAC5-80-1170.
D. The board will normally take final action on significant permit amendments within 90 days after receipt of a complete request. If a public comment period hearing is required, processing time for a permit amendment is normally 180 days following receipt of a complete application request except in cases where direct consideration of the request by the board is granted pursuant to 9VAC5-80-25. The board may extend this time period if additional information is required or if a public hearing is conducted under 9VAC5-80-1170 needed.
E. The owner shall not make the change applied for in the significant amendment request until the amendment is approved by the board under subsection D of this section.
9VAC5-80-1450. Action on permit application.
A. Within 45 days after receipt of an application, the board shall notify the applicant of the status of the application. The notification of the initial determination with regard to the status of the application shall be provided by the board in writing and shall include: (i) a determination as to which provisions of the new source review program are applicable, (ii) the identification of any deficiencies, and (iii) a determination as to whether the application contains sufficient information to begin application review. The determination that the application has sufficient information to begin review is not necessarily a determination that it is complete. Within 30 days after receipt of any additional information, the board shall notify the applicant of any deficiencies in such information. The date of receipt of a complete application for processing under subsection B of this section shall be the date on which the board received all required information and the provisions of § 10.1-1321.1 of the Virginia Air Pollution Control Law have been met.
B. The board will normally process an application according to the steps specified in subdivisions 1 through 5 of this subsection. Processing time for a permit these steps is normally 180 days following receipt of a complete application. The board may extend this time period if additional information is required needed. Processing steps may include, but not be limited to:
1. Completion of Complete the application review and analysis in accordance with 9VAC5-80-1480 and the preliminary decision of the board;
2. Completion of Complete the emission limitation review (if any);
3. Completion of Complete the public participation requirements in 9VAC5-80-1460; and
4. Consider the public comments received in accordance with 9VAC5-80-1460; and
4. 5. Completion of the final review and analysis and the final decision determination of the board.
C. At its discretion, the board may undertake the following steps prior to commencing with the public participation requirements of 9VAC5-80-1460:
1. The board shall initially approve the recommended emission limitation and other terms set forth in the application, or the board shall notify the owner in writing of its intent to disapprove the application, within 30 calendar days after the owner is notified in writing that the application is complete.
2. The owner may present, in writing, within 60 calendar days after receipt of notice of the board's intent to disapprove the application, additional information or arguments pertaining to, or amendments to, the application for consideration by the board before it decides whether to finally disapprove the application.
3. The board shall either initially approve or issue a final disapproval of the application within 90 days after it notifies the owner of an intent to disapprove or within 30 days after the date additional information is received from the owner, whichever is earlier.
D. The board will normally take final action on all applications an application after expiration completion of the public comment period (and consideration of comments from that), unless more information is needed steps in subsections B and C of this section, except in cases where direct consideration of the application by the board is granted pursuant to 9VAC5-80-25. The board will review any request made under 9VAC5-80-1460 G, and will take final action on the request and application as provided in Part I (9VAC5-80-5 et seq.) of this chapter.
E. The board shall notify the applicant in writing of its final decision on the application, including its reasons, and shall also specify the applicable emission limitations. These emission limitations are applicable during any emission testing conducted in accordance with 9VAC5-80-1490.
E. F. A final determination decision by the board to disapprove any application shall be in writing and shall specify the grounds on which the disapproval is based. If any application is finally disapproved, the owner may submit a subsequent application concerning construction or reconstruction of the same major source, provided that the subsequent application has been amended in response to the stated grounds for the prior disapproval.
F. G. The applicant may appeal the decision pursuant to 9VAC5 Chapter 170 (9VAC5-170-190 et seq.) Part VIII (9VAC5-170-190 et seq.) of 9VAC5-170 (Regulation for General Administration).
G. H. Within five days after notification to the applicant pursuant to subsection B of this section, the notification and any comments received pursuant to the public comment period and public hearing shall be made available for public inspection at the same location as was the information in 9VAC5-80-1460 H 1.
H. I. The board shall send a copy of any final permit issued to a stationary source to the administrator through the appropriate regional office and to all other state and local air pollution control agencies having jurisdiction in affected states. Within 60 days of the issuance of the final permit, the board shall provide a copy of such permit to the administrator, and shall provide a summary in a compatible electronic format for inclusion in the MACT database.
I. J. The effective date of a case-by-case MACT determination shall be the date the permit becomes final.
J. K. On and after the date of startup, a constructed or reconstructed major source which is subject to the requirements of this article shall be in compliance with all applicable requirements specified in the permit.
9VAC5-80-1460. Public participation.
A. No later than 15 days after receiving the initial determination notification required under 9VAC5-80-1450 A, the applicant for a permit for a major source of hazardous air pollutants shall notify the public of the proposed source as required in subsection B of this section. The applicant shall also provide an informational briefing about the proposed source for the public as required in subsection C of this section.
B. The public notice required under this section shall be placed by the applicant in at least one newspaper of general circulation in the affected air quality control region. The notice shall be approved by the board and shall include, but not be limited to, the following:
1. The source name, location, and type;
2. The applicable pollutants and the total quantity of each which the applicant estimates will be emitted, and a brief statement of the air quality impact of such pollutants;
3. The control technology proposed to be used at the time of the publication of the notice;
4. The date, time and place of the informational briefing; and
5. The name and telephone number of a contact person employed by the applicant who can answer questions about the proposed source.
C. The informational briefing shall be held in the locality where the source is or will be located and at least 30 days, but no later than 60 days, following the day of the publication of the public notice in the newspaper. The applicant shall inform the public about the operation and potential air quality impact of the source and answer any questions concerning air quality about the proposed source from those in attendance at the briefing. At a minimum, the applicant shall provide information on and answer questions about (i) specific pollutants and the total quantity of each which the applicant estimates will be emitted and (ii) the control technology proposed to be used at the time of the informational briefing. Representatives from the board shall attend and provide information and answer questions on the permit application review process.
D. Upon a determination by the board that it will achieve the desired results in an equally effective manner, an applicant for a permit may implement an alternative plan for notifying the public as required in subsection B of this section and for providing the informational briefing as required in subsection C of this section.
E. Prior to the decision of the board, all permit applications shall be subject to a public comment period of at least 30 days. In addition, at the end of the public comment period, a public hearing will be held with notice in accordance with subsect