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2010 SESSION

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CHAPTER 689 An Act to amend the Code of Virginia by adding a section numbered 10.1-1307.03, relating to the control of air pollution from activities on the outer continental shelf. [S 659] Approved April 12, 2010

 

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 10.1-1307.03 as follows:

§ 10.1-1307.03. Requirements applicable to Outer Continental Shelf sources.

A. As used in this section:

"Outer Continental Shelf" has the meaning provided by § 2 of the federal Outer Continental Shelf Lands Act (43 U.S.C. § 1331).

"Outer Continental Shelf sources" has the same meaning ascribed thereto in § 328(a)(4)(C) of the Clean Air Act (42 U.S.C. § 7627(a)(4)(C)).

B. The Board, by January 1, 2011, shall adopt any regulations necessary to implement and enforce the requirements of § 328 of the Clean Air Act (42 U.S.C. § 7627) relating to requirements to control air pollution from Outer Continental Shelf sources located offshore of the Commonwealth. The regulations adopted by the Board shall not differ materially from the regulations promulgated by the U.S. Environmental Protection Agency in implementing § 328 of the Clean Air Act.

2. That the Department of Environmental Quality shall request the Administrator of the U.S. Environmental Protection Agency to delegate to the Commonwealth any authority the Administrator has under the Clean Air Act to implement and enforce the requirements of § 328 of the Clean Air Act (42 U.S.C. § 7627).

3. That the Air Pollution Control Board shall adopt regulations to implement the provisions of this act to be effective within 280 days of its enactment.

4. That an emergency exists and this act is in force from its passage.