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2008 SESSION

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SB 423 DEQ; authority to issue and enforce permits, etc. related to air and water pollution.

Introduced by: Phillip P. Puckett | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED SENATE:

Air and Water Boards permit issuance process. Establishes a uniform permit issuance process for the Air Pollution Control Board (Air Board) and the State Water Control Board (Water Board).  After issuing a public notice of a pending permit action, if at least 25 individuals have requested a public hearing and the Director finds that the issues raised are germane to the permit action and are not inconsistent with state or federal laws, a public hearing will be held.  The Director or the two Boards may convene a meeting under an expedited schedule to reconsider the decision of the Director to grant a public hearing.  The meeting may be held electronically if one public forum is available.  The Board is required to act on the permit within 90 days of the close of the comment period unless the applicant agrees to an extension of the time period.  Persons who commented during the public hearing may address the Air and Water Boards at the meeting where final action on the permit will occur. The Board's decision shall contain a written basis for its decision.

The bill also increases membership on the Air Pollution Control Board from five to seven members.  However, the two new members are prohibited from voting on any action related to a permit that is under consideration as of January 1, 2008.  A qualification of the Air Board members is changed so that no member can be a current employee of an entity subject to a permit or enforcement order of the Air Board.  Currently, a majority of the members appointed to the Air Board can represent the public interest and not derive any significant positions of their income from entities subject to permit or enforcement actions.

The qualifications of the membership of the Water Board and the Virginia Waste Management Board are changed to require that the members, by their education, training, or experience, be knowledgeable of water quality or waste management, respectively, and shall be fairly representative of conservation, public health, business, and agriculture. This bill is identical to HB 1332 (Landes).

SUMMARY AS INTRODUCED:

Department of Environmental Quality; State Air Pollution Control Board and State Water Control Board. Vests the authority to issue and enforce permits (including general permits), licenses, and certificates related to air and water pollution with the Director of the Department of Environmental Quality. As a result of this change, restrictions on board membership have been lifted to allow broader participation from members affiliated with industry. A process has been established to provide for public hearings when there is substantial public interest in the permit, there are significant legal or factual issues that are both germane to the draft permit and within the Department’s jurisdiction, and the public hearing could provide additional information. After a public hearing, the Director may convene a meeting before the Board when there are significant legal or factual issues that are both germane to the draft permit and within the Department’s jurisdiction, such issues are capable of resolution by the exercise of the Director’s authority, and the Director’s ability to address and resolve those issues would be enhanced by the Board’s participation and advice. The Board may make recommendations to the Director, who may incorporate such conditions into the permit if they: (i) are within the statutory authority of the Department; (ii) were not addressed by the Department in preparing the draft permit; (iii) either provide substantial additional protection to the environment, public health, or natural resources or provide substantially the same level of protection in a more effective or efficient manner; (iv) are consistent with the statutory and regulatory program under which the permit is issued; (v) are technologically and economically feasible; and (vi) do not unfairly or unreasonably burden the applicant with costs or delays that would, in the Director’s judgment, be disproportionate to the benefits reasonably to be expected from them. Additionally, the membership of the State Air Pollution Control Board is increased from five to seven.