Current through Register Vol. 41, No. 3, September 23, 2024
A. A
fact sheet shall be prepared for every draft individual permit for a major
facility or activity for every general permit, for every draft permit that
incorporates a variance or requires an explanation under subsection B 8 of this
section, and for every draft permit that the department finds is the subject of
widespread public interest or raises major issues. The fact sheet shall briefly
set forth the principal facts and the significant factual, legal,
methodological, and policy questions considered in preparing the draft permit.
The department shall send this fact sheet to the permit applicant and, on
request, to any other person.
B.
The fact sheet shall include, when applicable:
1. A brief description of the type of
facility or activity that is the subject of the draft permit;
2. The type and quantity of wastes, fluids,
or pollutants that are proposed to be or are being treated, stored, disposed
of, injected, emitted, or discharged;
3. A brief summary of the basis for the draft
permit conditions, including references to applicable statutory or regulatory
provisions;
4. Reasons why any
requested variances or alternatives to required standards do or do not appear
justified;
5. A description of the
procedures for reaching a final decision on the draft permit, including:
a. The beginning and ending dates of the
comment period for the draft permit and the address where comments will be
received;
b. Procedures for
requesting a public hearing and the nature of that hearing; and
c. Any other procedures by which the public
may participate in the final decision;
6. Name, telephone number, and email address
of a person to contact for additional information;
7. Any calculations or other necessary
explanation of the derivation of specific effluent limitations and conditions
or standards for sewage sludge use or disposal, including a citation to the
applicable effluent limitation guideline, performance standard, or standard for
sewage sludge use or disposal and reasons why they are applicable or an
explanation of how the alternate effluent limitations were developed;
8. When the draft permit contains any of the
following conditions, an explanation of the reasons why such conditions are
applicable:
a. Limitations to control toxic
pollutants;
b. Limitations on
indicator pollutants;
c.
Technology-based limitations set on a case-by-case basis;
d. Limitations to meet the criteria for
permit issuance under
9VAC25-875-870; or
e. Waivers from monitoring requirements
granted under
9VAC25-875-1030 A; and
9. When appropriate, a sketch or
detailed description of the location of the discharge or regulated activity
described in the application.
Statutory Authority: §
62.1-44.15:28 of the Code of
Virginia; Chapters 68 and 758 of the 2016 Acts of
Assembly.
