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2011 SESSION

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HB 1625 Fumigation facilities; exempted from various state and federal regulations.

Introduced by: Barry D. Knight | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Qualified fumigation facilities exempted from regulations.  Exempts facilities referred to as qualified fumigation facilities from various state and federal regulations. Qualified fumigation facilities conduct commodity fumigation using certain chemicals regulated under the federal Clean Air Act and as required by law and regulation, are not otherwise exempt under regulations of the State Air Pollution Control Board, have the potential to emit less than 10 tons per year of any hazardous air pollutant or 25 tons per year of any combination of hazardous air pollutants, and conduct fumigation activities that are, at a minimum, one of the following: (i) performed in buildings or locations within the facility that are no closer than 300 feet from an area regularly occupied by the public, (ii) performed in buildings or containers that are sealed during fumigation and that voluntarily employ capture and control technologies for the fumigant emissions, or (iii) monitored utilizing equipment and methods recognized as an industry standard or by the National Institute for Occupational Safety and Health. Qualified fumigation facilities must also post signs at the sites of fumigation activities and provide the Department of Environmental Quality with written notice and reports.

SUMMARY AS PASSED HOUSE:

Qualified fumigation facilities exempted from regulations.  Exempts facilities referred to as qualified fumigation facilities from various state and federal regulations. The bill defines the types of facilities that are exempted. However, the operators of such facilities must provide written notice to the Department of Environmental Quality (DEQ) prior to conducting fumigation activities and are required to post signage that is visible and legible from the public right-of-way 24 hours prior to any fumigation operation which will remain in place 24 hours after the completion of any fumigation activities.  The signage will state that fumigation activities are occurring at the site. The bill also directs the Virginia Department of Environmental Quality to conduct air monitoring at fumigation sites and makes its findings available to the Virginia Department of Health by July 1, 2013.

SUMMARY AS INTRODUCED:

Qualified fumigation facilities exempted from regulations.  Exempts facilities referred to as qualified fumigation facilities from various state and federal regulations. The bill defines the types of facilities that are exempted. However, the operators of such facilities must provide written notice to the Department of Environmental Quality (DEQ) prior to conducting fumigation activities and are required to post signage that is visible and legible from the public right-of-way 24 hours prior to any fumigation operation and that remains in place 24 hours after the completion of any fumigation activities, stating that fumigation activities are occurring at the site. The bill also directs the Virginia Department of Health to conduct a study, which is to be completed by July 1, 2013, to determine whether emissions from these facilities present an unacceptable risk to human health and make recommendations to the General Assembly and the DEQ as to whether additional regulations are necessary to protect the public.