{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1187.6.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1187.6.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1187.6.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1187.6.html"}],"law_id":54524,"edition_id":1,"section_id":54524,"structure_id":13560,"section_number":"10.1-1187.6","catch_line":"Approval of alternate compliance methods","history":"2005, c. 705.","full_text":"A\n\nTo the extent consistent with federal law and notwithstanding any other provision of law, the Air Pollution Control Board, the Waste Management Board, and the State Water Control Board may grant alternative compliance methods to the regulations adopted pursuant to their authorities, respectively, under §§ 10.1-1308, 10.1-1402, and 62.1-44.15 for persons or facilities that have been accepted by the Department as meeting the criteria for E3 and E4 facilities under § 10.1-1187.3, including but not limited to changes to monitoring and reporting requirements and schedules, streamlined submission requirements for permit renewals, the ability to make certain operational changes without prior approval, and other changes that would not increase a facility’s impact on the environment. Such alternative compliance methods may allow alternative methods for achieving compliance with prescribed regulatory standards, provided that the person or facility requesting the alternative compliance method demonstrates that the method will (i) meet the purpose of the applicable regulatory standard, (ii) promote achievement of those purposes through increased reliability, efficiency, or cost effectiveness, and (iii) afford environmental protection equal to or greater than that provided by the applicable regulatory standard. No alternative compliance method shall be approved that would alter an ambient air quality standard, ground water protection standard, or water quality standard and no alternative compliance method shall be approved that would increase the pollutants released to the environment, increase impacts to state waters, or otherwise result in a loss of wetland acreage.B\n\nNotwithstanding any other provision of law, an alternate compliance method may be approved under this section after at least 30 days’ public notice and opportunity for comment, and a determination that the alternative compliance method meets the requirements of this section.C\n\nNothing in this section shall be interpreted or applied in a manner inconsistent with the applicable federal law or other requirement necessary for the Commonwealth to obtain or retain federal delegation or approval of any regulatory program. Before approving an alternate compliance method affecting any such program, each Board may obtain the approval of the federal agency responsible for such delegation or approval. Any one of the Boards may withdraw approval of the alternate compliance method at any time if any conditions under which the alternate compliance method was originally approved change, or if the recipient has failed to comply with any of the alternative compliance method requirements.D\n\nUpon approval of the alternative compliance method under this section, the alternative compliance method shall be incorporated into the relevant permits as a minor permit modification with no associated fee. The permits shall also contain any such provisions that shall go into effect in the event that the participant fails to fulfill its obligations under the variance, or is removed from the program for reasons specified by the Director under subsection B of § 10.1-1187.4.","order_by":null,"text":{"0":{"id":200206,"text":"To the extent consistent with federal law and notwithstanding any other provision of law, the Air Pollution Control Board, the Waste Management Board, and the State Water Control Board may grant alternative compliance methods to the regulations adopted pursuant to their authorities, respectively, under §§ 10.1-1308, 10.1-1402, and 62.1-44.15 for persons or facilities that have been accepted by the Department as meeting the criteria for E3 and E4 facilities under § 10.1-1187.3, including but not limited to changes to monitoring and reporting requirements and schedules, streamlined submission requirements for permit renewals, the ability to make certain operational changes without prior approval, and other changes that would not increase a facility’s impact on the environment. Such alternative compliance methods may allow alternative methods for achieving compliance with prescribed regulatory standards, provided that the person or facility requesting the alternative compliance method demonstrates that the method will (i) meet the purpose of the applicable regulatory standard, (ii) promote achievement of those purposes through increased reliability, efficiency, or cost effectiveness, and (iii) afford environmental protection equal to or greater than that provided by the applicable regulatory standard. No alternative compliance method shall be approved that would alter an ambient air quality standard, ground water protection standard, or water quality standard and no alternative compliance method shall be approved that would increase the pollutants released to the environment, increase impacts to state waters, or otherwise result in a loss of wetland acreage.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":200207,"text":"Notwithstanding any other provision of law, an alternate compliance method may be approved under this section after at least 30 days’ public notice and opportunity for comment, and a determination that the alternative compliance method meets the requirements of this section.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":200208,"text":"Nothing in this section shall be interpreted or applied in a manner inconsistent with the applicable federal law or other requirement necessary for the Commonwealth to obtain or retain federal delegation or approval of any regulatory program. Before approving an alternate compliance method affecting any such program, each Board may obtain the approval of the federal agency responsible for such delegation or approval. Any one of the Boards may withdraw approval of the alternate compliance method at any time if any conditions under which the alternate compliance method was originally approved change, or if the recipient has failed to comply with any of the alternative compliance method requirements.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":200209,"text":"Upon approval of the alternative compliance method under this section, the alternative compliance method shall be incorporated into the relevant permits as a minor permit modification with no associated fee. The permits shall also contain any such provisions that shall go into effect in the event that the participant fails to fulfill its obligations under the variance, or is removed from the program for reasons specified by the Director under subsection B of § 10.1-1187.4.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13560,"edition_id":1,"name":"Virginia Environmental Excellence Program","identifier":"1.1","label":"article","depth":4,"order_by":1,"parent_id":12742,"metadata":{},"date_created":"2026-06-26 03:45:15","date_modified":"2026-06-26 03:45:15","permalink":{"id":145417,"object_type":"structure","relational_id":13560,"identifier":"1.1","token":"10.1\/II\/11.1\/1.1","url":"\/10.1\/II\/11.1\/1.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12742,"edition_id":1,"name":"Department of Environmental Quality","identifier":"11.1","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":145333,"object_type":"structure","relational_id":12742,"identifier":"11.1","token":"10.1\/II\/11.1","url":"\/10.1\/II\/11.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12741,"edition_id":1,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":144833,"object_type":"structure","relational_id":12741,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56373,"structure_id":13560,"section_number":"10.1-1187.1","catch_line":"Definitions","url":"\/10.1-1187.1\/","token":"10.1\/II\/11.1\/1.1\/10.1-1187.1","metadata":false},{"id":58644,"structure_id":13560,"section_number":"10.1-1187.2","catch_line":"Virginia Environmental Excellence Program established","url":"\/10.1-1187.2\/","token":"10.1\/II\/11.1\/1.1\/10.1-1187.2","metadata":false},{"id":69142,"structure_id":13560,"section_number":"10.1-1187.3","catch_line":"Program categories and criteria","url":"\/10.1-1187.3\/","token":"10.1\/II\/11.1\/1.1\/10.1-1187.3","metadata":false},{"id":69958,"structure_id":13560,"section_number":"10.1-1187.4","catch_line":"Procedures for participation","url":"\/10.1-1187.4\/","token":"10.1\/II\/11.1\/1.1\/10.1-1187.4","metadata":false},{"id":86604,"structure_id":13560,"section_number":"10.1-1187.5","catch_line":"Reporting","url":"\/10.1-1187.5\/","token":"10.1\/II\/11.1\/1.1\/10.1-1187.5","metadata":false},{"id":54524,"structure_id":13560,"section_number":"10.1-1187.6","catch_line":"Approval of alternate compliance methods","url":"\/10.1-1187.6\/","token":"10.1\/II\/11.1\/1.1\/10.1-1187.6","metadata":false},{"id":68356,"structure_id":13560,"section_number":"10.1-1187.7","catch_line":"Governor's Environmental Excellence Awards","url":"\/10.1-1187.7\/","token":"10.1\/II\/11.1\/1.1\/10.1-1187.7","metadata":false}],"previous_section":{"id":86604,"structure_id":13560,"section_number":"10.1-1187.5","catch_line":"Reporting","url":"\/10.1-1187.5\/","token":"10.1\/II\/11.1\/1.1\/10.1-1187.5","metadata":false},"next_section":{"id":68356,"structure_id":13560,"section_number":"10.1-1187.7","catch_line":"Governor's Environmental Excellence Awards","url":"\/10.1-1187.7\/","token":"10.1\/II\/11.1\/1.1\/10.1-1187.7","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1187.6\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapter 705<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":81333,"section_number":"10.1-2131","catch_line":"Point source pollution funding; conditions for approval","order_by":null,"url":"\/10.1-2131\/"}],"refers_to":[{"id":69142,"section_number":"10.1-1187.3","catch_line":"Program categories and criteria","order_by":null,"url":"\/10.1-1187.3\/"},{"id":69958,"section_number":"10.1-1187.4","catch_line":"Procedures for participation","order_by":null,"url":"\/10.1-1187.4\/"},{"id":57864,"section_number":"10.1-1308","catch_line":"Regulations","order_by":null,"url":"\/10.1-1308\/"},{"id":82696,"section_number":"10.1-1402","catch_line":"Powers and duties of the Board","order_by":null,"url":"\/10.1-1402\/"},{"id":56006,"section_number":"62.1-44.15","catch_line":"Powers and duties; civil penalties","order_by":null,"url":"\/62.1-44.15\/"}],"permalink":{"id":145439,"object_type":"law","relational_id":54524,"identifier":"10.1-1187.6","token":"10.1\/II\/11.1\/1.1\/10.1-1187.6","url":"\/10.1-1187.6\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1187.6\/","token":"10.1\/II\/11.1\/1.1\/10.1-1187.6","dublin_core":{"Title":"Approval of alternate compliance methods","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1187.6","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> To the extent consistent with federal law<\/span> and notwithstanding any other provision of law<\/span>, the Air Pollution Control Board, the Waste Management Board, and the State Water Control Board may grant alternative compliance methods to the regulations adopted pursuant to their authorities, respectively, under §§ 10.1-1308<\/a>, 10.1-1402<\/a>, and 62.1-44.15<\/a> for persons or facilities that have been accepted by the Department<\/span> as meeting the criteria for E3 and E4 facilities under § 10.1-1187.3<\/a>, including but not limited to changes to monitoring and reporting requirements and schedules<\/span>, streamlined submission requirements for permit renewals, the ability to make certain operational changes without prior approval, and other changes that would not increase a facility’s impact on the environment<\/span>. Such alternative compliance methods may allow alternative methods for achieving compliance with prescribed regulatory standards, provided that the person or facility requesting the alternative compliance method demonstrates that the method will (i) meet the purpose of the applicable regulatory standard, (ii) promote achievement of those purposes through increased reliability, efficiency, or cost effectiveness, and (iii) afford environmental protection equal to or greater than that provided by the applicable regulatory standard. No alternative compliance method shall be approved that would alter an ambient air quality standard, ground water protection standard, or water quality standard and no alternative compliance method shall be approved that would increase the pollutants released to the environment<\/span>, increase impacts to state waters, or otherwise result in a loss of wetland acreage. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding any other provision of law<\/span>, an alternate compliance method may be approved under this section after at least 30 days’ public notice and opportunity for comment, and a determination that the alternative compliance method meets the requirements of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Nothing in this section shall be interpreted or applied in a manner inconsistent with the applicable federal law<\/span> or other requirement necessary for the Commonwealth to obtain or retain federal delegation or approval of any regulatory program. Before approving an alternate compliance method affecting any such program, each Board may obtain the approval of the federal agency responsible for such delegation or approval. Any one of the Boards may withdraw approval of the alternate compliance method at any time if any conditions under which the alternate compliance method was originally approved change, or if the recipient has failed to comply with any of the alternative compliance method requirements. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Upon approval of the alternative compliance method under this section, the alternative compliance method shall be incorporated into the relevant permits as a minor<\/span> permit modification with no associated fee. The permits shall also contain any such provisions that shall go into effect in the event that the participant fails to fulfill its obligations under the variance, or is removed from the program for reasons specified by the Director<\/span> under subsection B of § 10.1-1187.4<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPROVAL OF ALTERNATE COMPLIANCE METHODS (\u00a7 10.1-1187.6)\n\nA. To the extent consistent with federal law and notwithstanding any other\nprovision of law, the Air Pollution Control Board, the Waste Management Board,\nand the State Water Control Board may grant alternative compliance methods to\nthe regulations adopted pursuant to their authorities, respectively, under\n§§ 10.1-1308, 10.1-1402, and 62.1-44.15 for persons or facilities that\nhave been accepted by the Department as meeting the criteria for E3 and E4\nfacilities under § 10.1-1187.3, including but not limited to changes to\nmonitoring and reporting requirements and schedules, streamlined submission\nrequirements for permit renewals, the ability to make certain operational\nchanges without prior approval, and other changes that would not increase a\nfacility’s impact on the environment. Such alternative compliance methods\nmay allow alternative methods for achieving compliance with prescribed\nregulatory standards, provided that the person or facility requesting the\nalternative compliance method demonstrates that the method will (i) meet the\npurpose of the applicable regulatory standard, (ii) promote achievement of those\npurposes through increased reliability, efficiency, or cost effectiveness, and\n(iii) afford environmental protection equal to or greater than that provided by\nthe applicable regulatory standard. No alternative compliance method shall be\napproved that would alter an ambient air quality standard, ground water\nprotection standard, or water quality standard and no alternative compliance\nmethod shall be approved that would increase the pollutants released to the\nenvironment, increase impacts to state waters, or otherwise result in a loss of\nwetland acreage.\n\nB. Notwithstanding any other provision of law, an alternate compliance method\nmay be approved under this section after at least 30 days’ public notice\nand opportunity for comment, and a determination that the alternative compliance\nmethod meets the requirements of this section.\n\nC. Nothing in this section shall be interpreted or applied in a manner\ninconsistent with the applicable federal law or other requirement necessary for\nthe Commonwealth to obtain or retain federal delegation or approval of any\nregulatory program. Before approving an alternate compliance method affecting\nany such program, each Board may obtain the approval of the federal agency\nresponsible for such delegation or approval. Any one of the Boards may withdraw\napproval of the alternate compliance method at any time if any conditions under\nwhich the alternate compliance method was originally approved change, or if the\nrecipient has failed to comply with any of the alternative compliance method\nrequirements.\n\nD. Upon approval of the alternative compliance method under this section, the\nalternative compliance method shall be incorporated into the relevant permits as\na minor permit modification with no associated fee. The permits shall also\ncontain any such provisions that shall go into effect in the event that the\nparticipant fails to fulfill its obligations under the variance, or is removed\nfrom the program for reasons specified by the Director under subsection B of\n§ 10.1-1187.4.\n\nHISTORY: 2005, c. 705.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}