Current through Register Vol. 41, No. 3, September 23, 2024
A. No
later than 15 days after receiving the initial determination notification
required under
9VAC5-80-1160
B, the applicant for a minor NSR permit for a new major stationary source shall
notify the public of the proposed major stationary source 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 department and
shall include the following:
1. The source
name, location, and type;
2. The
pollutants and the total quantity of each that 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 department
that an alternative plan will achieve the desired results in an equally
effective manner, an applicant for a minor NSR 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 department, minor NSR 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 Part II of 9VAC5-60 (Hazardous Air Pollutant Sources).
2. Applications for new major stationary
sources and major modifications.
3.
Applications for projects that would result in an increase in the potential to
emit of any regulated air pollutant that would equal or exceed 100 tons per
year, considering any state and federally enforceable permit conditions that
will be placed on the source by a minor NSR permit.
4. Applications for new stationary sources or
projects that have the potential for public interest concerning air quality
issues, as determined by the department. The identification of such sources
shall be made using the following nonexclusive criteria:
a. Whether the new stationary source or
project is opposed by any person;
b. Whether the new stationary source or
project has resulted in adverse media;
c. Whether the new stationary source or
project has generated adverse comment through any public participation or
governmental review process initiated by any other governmental agency;
and
d. Whether the new stationary
source or project has generated adverse comment by a local official, governing
body, or advisory board.
5. Applications for stationary sources for
which any provision of the minor NSR 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 and required by
9VAC5-50-20 H 3 shall
be included in the application.
E. When a public comment period and public
hearing are required, the department 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. For permits subject to §
10.1-1307.01 A of the Code of Virginia, written comments will be accepted by
the department for at least 15 days after any hearing.
1. Information on the minor NSR permit
application, exclusive of confidential information under
9VAC5-170-60,
as well as the preliminary review and analysis and preliminary determination of
the department shall be available for public inspection during the entire
public comment period in at least one location in the affected air quality
control region. Any demonstration included in an application specified in
subdivision D 5 of this section shall be available for public inspection during
the public comment period.
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 EPA
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.
G. For permits under 9VAC5-80-1170 D 2 and I,
the department 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
D.
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 department shall process
the minor NSR permit application using public participation procedures meeting
the requirements of this section and
9VAC5-80-270
or
9VAC5-80-670,
as applicable.
I. If the department
finds that there is a locality particularly affected by (i) a new fossil
fuel-fired generating facility with a capacity of 500 megawatts or more, (ii) a
major modification to an existing source that is a fossil fuel-fired generating
facility with a capacity of 500 megawatts or more, (iii) a new fossil
fuel-fired compressor station facility used to transport natural gas, or (iv) a
major modification to an existing source that is a fossil fuel-fired compressor
station facility used to transport natural gas:
1. The applicant shall perform the following:
a. Publish a notice in at least one local
paper of general circulation in any locality particularly affected at least 60
days prior to the close of any public comment period. Such notice shall (i)
contain a statement of the estimated local impact of the proposed action; (ii)
provide information regarding specific pollutants and the total quantity of
each that may be emitted; (iii) list the type, quantity, and source of any fuel
to be used; (iv) advise the public as to the date and location of a public
hearing; and (v) advise the public where to obtain information regarding the
proposed action. The department shall post such notice on the department
website and on a department social media account; and
b. Mail the notice to (i) the chief elected
official of, chief administrative officer of, and planning district commission
for each locality particularly affected; (ii) every public library and public
school located within five miles of such facility; and (iii) the owner of each
parcel of real property that is depicted as adjacent to the facility on the
current real estate tax assessment maps of the locality.
2. The department shall post the notice
required in subdivision 1 a of this subsection on the department website and on
a department social media account.
3. Written comments shall be accepted by the
department for at least 30 days after any hearing on such variance or permit
unless the director chooses to shorten the period.
Statutory Authority: § 10.1-1308 of the Code of
Virginia.
