| 11/30/2009 1:23 pm Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
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Virginia Register Publication Information
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Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
X
Agency Decision
| Promulgating Board: | Air Pollution Control Board |
| Regulatory Coordinator: | ()- |
| Agency Contact: | Cindy Berndt Reg. Coordinator (804)698-4378 cindy.berndt@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 - 40: | Existing Stationary Sources |
| Statutory Authority: |
State: Section 10.1-1308 of the Code of Virginia Federal: Clean Air Act (Sections 110, 111, 123, 129, 171, 172 and 182) 40 Code of Federal Regulations, Parts 51 and 60 |
| Date Petition Received | 08/25/2008 |
| Petitioner | Metropolitan Washington Air Quality Committee |
MWAQC is concerned that the opacity standards for new and existing facilities in Virginia
are set at a level that is too high to be sufficiently protective of human health.
On March 7, 2008, MWAQC adopted a resolution to petition the Air Board to revise the
opacity standard. The District of Columbia and Maryland have much stricter opacity
standards (0-10%) for emissions from point sources in the Metropolitan Washington
D.C. non-attainment area. In contrast, Virginia's opacity standard at 20%, is the
least stringent of the three jurisdictions. MWAQC requests that the State Air Pollution
Control Board lower the Virginia opacity standard from 20% to 10%, at least in the
Northern Virginia region, to be more consistent with those of the District of Columbia
and Maryland. MWAQC believes that such action could help to improve air quality in
the metropolitan Washington, D.C. area.
Agency Plan
Receive comments on the petition for 21 days and present petition and comments to
State Air Pollution Control Board for a decision on whether or not to initiate a rulemaking.
Comments can be posted to the Public Comment Forum of the Town Hall or sent to Doris
McLeod at damcleod@deq.virginia.gov or Department of Environmental Quality, P.O. Box
1105, Richmond, VA 23218.
| Publication Date | 09/29/2008 (comment period will also begin on this date) |
| Comment End Date | 10/20/2008 |
Take no action
| Agency Response Date | 11/20/2009 |
After a presentation by staff on the results of the public comment period on the petition
and staff analysis of those comments and receiving comments from the petitioner and
other interested persons the Board voted to accept staff recommendations to not initiate
a rulemaking at this time. The recommendation was based on the following: the benefit
of new opacity limits were difficult to quantify and impacted entities commented on
the significant costs to retrofit, upgrade and or replace equipment; PM2.5 air quality
is good with trends showing improvement and inventory estimates showing large expected
reductions in precursor pollutants in coming years; and the limited agency resources
for regulation development were better used on other air quality improvement programs.