8/8/2010 6:47 pm Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
Virginia Register Publication Information
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Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
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Agency Decision
Promulgating Board: | Air Pollution Control Board |
Regulatory Coordinator: | Cindy Berndt (804)698-4378 cindy.berndt@deq.virginia.gov |
Agency Contact: | Karen G. Sabasteanski (804)698-4426 karen.sabasteanski@deq.virginia.gov |
Contact Address: | Department of Environmental Quality 629 East Main Street P.O. Box 1105 Richmond, VA 23218 |
Chapter Affected: | |
9 vac 5 - : |
Statutory Authority: |
State: Federal: |
Date Petition Received | 03/26/2010 |
Petitioner | Kenneth C. Strong |
The State Air Pollution Control Board has received a petition to promulgate a new
regulation concerning ELF magnetic fields around outdoor overhead high-voltage electric
power transmission lines. The petitioner states that an overhead high-voltage electric
power transmission line conductor is a substance in the outdoor atmosphere which is
or may be harmful to public health because of, but not limited to, the alternating
motion of the conductor's electrons which establish an ELF magnetic field around the
conductor. The petitioner asserts that ELF magnetic fields are possibly carcinogenic
to humans, that a reasonable precaution against exposures to the magnetic fields is
necessary and practices that encourage proximity to overhead transmission lines should
be discouraged.
The specific requested regulation is: For any outdoor overhead electric power transmission
line 115 kilovolts or more, the owners of underlying real property and the transmission
line Company shall not grant permission for public recreational trails or public recreational
areas within the Company's right-of-way or within an area typical of Company right-of-ways
should no legal right-of-way agreement exist, except that necessary crossings are
exempt from the rule.
A copy of the full petition is available from Ms. Karen G. Sabasteanski, Department
of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218,
ph: 804-698-4426, fax: 804-698-4510, e-mail: karen.sabasteanski@deq.virginia.gov.
Agency Plan
In accordance with the Board's public participation guidelines, the Board will take
public comment on the petition from April 26, 2010 through May 17, 2010.
Publication Date | 04/26/2010 (comment period will also begin on this date) |
Comment End Date | 05/17/2010 |
Take no action
Agency Response Date | 06/04/2010 |
At the State Air Pollution Control Board meeting on June 4, 2010, the Board unanimously
voted to deny the petitioner's request for rulemaking. The Board's decision was based
on the following:
1. Neither high-voltage electric power transmission lines nor the ELF magnetic fields
generated by them are either a source of air pollutants or air pollutants in and of
themselves. The board is restricted by statute to regulating air pollutants; it cannot
regulate phenomena such as those identified by the petitioner.
2. The board has the authority to control pollutants emitted from a variety of sources;
the board does not have the authority to control land use in proximity to a specific
air pollution source. Such siting criteria and zoning issues are governed by other
governmental agencies.
3. The State Corporation Commission is the entity responsible for approval of siting
for electric power transmission lines. The board has no authority with respect to
approval or regulation of siting for power lines.