{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1307.01.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1307.01.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1307.01.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1307.01.html"}],"law_id":56548,"edition_id":1,"section_id":56548,"structure_id":12861,"section_number":"10.1-1307.01","catch_line":"Further duties of Board and Department; localities particularly affected","history":"1993, c. 944; 1997, c. 612; 2020, c. 1110; 2022, c. 356.","full_text":"A\n\nThe Board, before promulgating a regulation under consideration, or the Department, before granting a variance to an existing regulation, or issuing a permit for the construction of a new major source or for a major modification to an existing source, if it is found that there is a locality particularly affected by the regulation, variance, or permit, shall, respectively:1\n\nPublish, or require the applicant to publish, a notice in a local paper of general circulation in each locality affected at least 30 days prior to the close of any public comment period. Such notice shall contain a statement of the estimated local impact of the proposed action, which at a minimum shall provide information regarding specific pollutants and the total quantity of each that may be emitted and shall list the type and quantity of any fuels to be used.2\n\nMail the notice to the chief elected official and chief administrative officer of and the planning district commission for such locality.\n\t\t\t\tWritten comments shall be accepted by the Board for at least 15 days after any hearing on the regulation unless the Board votes to shorten the period. Written comments shall be accepted by the Department for at least 15 days after any hearing on the variance or permit.B\n\nIf the Department finds, before granting any variance to an existing regulation or issuing any permit for (i) a new fossil fuel-fired generating facility with a capacity of 500 megawatts or more, (ii) a major modification to an existing source that is a fossil fuel-fired generating facility with a capacity of 500 megawatts or more, (iii) a new fossil fuel-fired compressor station facility used to transport natural gas, or (iv) a major modification to an existing source that is a fossil fuel-fired compressor station facility used to transport natural gas, that there is a locality particularly affected by such variance or permit, the Department shall:1\n\nRequire the applicant to publish a notice in at least one local paper of general circulation in any locality particularly affected at least 60 days prior to the close of any public comment period. Such notice shall (i) contain a statement of the estimated local impact of the proposed action; (ii) provide information regarding specific pollutants and the total quantity of each that may be emitted; (iii) list the type, quantity, and source of any fuel to be used; (iv) advise the public as to the date and location of a public hearing; and (v) advise the public where to obtain information regarding the proposed action. The Department shall post such notice on the Department website and on a Department social media account.2\n\nRequire the applicant to mail the notice to (i) the chief elected official of, chief administrative officer of, and planning district commission for each locality particularly affected; (ii) every public library and public school located within five miles of such facility; and (iii) the owner of each parcel of real property that is depicted as adjacent to the facility on the current real estate tax assessment maps of the locality.\n\t\t\t\tWritten comments shall be accepted by the Department for at least 30 days after any hearing on such variance or permit, unless the Director elects to shorten the period.C\n\nFor the purposes of this section, the term “locality particularly affected” means any locality that bears any identified disproportionate material air quality impact that would not be experienced by other localities.","order_by":null,"text":{"0":{"id":206955,"text":"The Board, before promulgating a regulation under consideration, or the Department, before granting a variance to an existing regulation, or issuing a permit for the construction of a new major source or for a major modification to an existing source, if it is found that there is a locality particularly affected by the regulation, variance, or permit, shall, respectively:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":206956,"text":"Publish, or require the applicant to publish, a notice in a local paper of general circulation in each locality affected at least 30 days prior to the close of any public comment period. Such notice shall contain a statement of the estimated local impact of the proposed action, which at a minimum shall provide information regarding specific pollutants and the total quantity of each that may be emitted and shall list the type and quantity of any fuels to be used.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":206957,"text":"Mail the notice to the chief elected official and chief administrative officer of and the planning district commission for such locality.\n\t\t\t\tWritten comments shall be accepted by the Board for at least 15 days after any hearing on the regulation unless the Board votes to shorten the period. Written comments shall be accepted by the Department for at least 15 days after any hearing on the variance or permit.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":206958,"text":"If the Department finds, before granting any variance to an existing regulation or issuing any permit for (i) a new fossil fuel-fired generating facility with a capacity of 500 megawatts or more, (ii) a major modification to an existing source that is a fossil fuel-fired generating facility with a capacity of 500 megawatts or more, (iii) a new fossil fuel-fired compressor station facility used to transport natural gas, or (iv) a major modification to an existing source that is a fossil fuel-fired compressor station facility used to transport natural gas, that there is a locality particularly affected by such variance or permit, the Department shall:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"B1"},"4":{"id":206959,"text":"Require the applicant to publish a notice in at least one local paper of general circulation in any locality particularly affected at least 60 days prior to the close of any public comment period. Such notice shall (i) contain a statement of the estimated local impact of the proposed action; (ii) provide information regarding specific pollutants and the total quantity of each that may be emitted; (iii) list the type, quantity, and source of any fuel to be used; (iv) advise the public as to the date and location of a public hearing; and (v) advise the public where to obtain information regarding the proposed action. The Department shall post such notice on the Department website and on a Department social media account.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"5":{"id":206960,"text":"Require the applicant to mail the notice to (i) the chief elected official of, chief administrative officer of, and planning district commission for each locality particularly affected; (ii) every public library and public school located within five miles of such facility; and (iii) the owner of each parcel of real property that is depicted as adjacent to the facility on the current real estate tax assessment maps of the locality.\n\t\t\t\tWritten comments shall be accepted by the Department for at least 30 days after any hearing on such variance or permit, unless the Director elects to shorten the period.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"6":{"id":206961,"text":"For the purposes of this section, the term “locality particularly affected” means any locality that bears any identified disproportionate material air quality impact that would not be experienced by other localities.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2"}},"ancestry":[{"id":12861,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12860,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":145653,"object_type":"structure","relational_id":12861,"identifier":"1","token":"10.1\/II\/13\/1","url":"\/10.1\/II\/13\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12860,"edition_id":1,"name":"Air Pollution Control Board","identifier":"13","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":145651,"object_type":"structure","relational_id":12860,"identifier":"13","token":"10.1\/II\/13","url":"\/10.1\/II\/13\/","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":77830,"structure_id":12861,"section_number":"10.1-1300","catch_line":"Definitions","url":"\/10.1-1300\/","token":"10.1\/II\/13\/1\/10.1-1300","metadata":false},{"id":63039,"structure_id":12861,"section_number":"10.1-1300.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/10.1-1300.1\/","token":"10.1\/II\/13\/1\/10.1-1300.1","metadata":false},{"id":69548,"structure_id":12861,"section_number":"10.1-1301","catch_line":"State Air Pollution Control Board; membership; terms; vacancies","url":"\/10.1-1301\/","token":"10.1\/II\/13\/1\/10.1-1301","metadata":false},{"id":84212,"structure_id":12861,"section_number":"10.1-1302","catch_line":"Qualifications of members of Board","url":"\/10.1-1302\/","token":"10.1\/II\/13\/1\/10.1-1302","metadata":false},{"id":60558,"structure_id":12861,"section_number":"10.1-1303","catch_line":"Chairman of the Board; Executive Director; cooperation of state agencies","url":"\/10.1-1303\/","token":"10.1\/II\/13\/1\/10.1-1303","metadata":false},{"id":60398,"structure_id":12861,"section_number":"10.1-1304","catch_line":"Meetings of Board; quorum","url":"\/10.1-1304\/","token":"10.1\/II\/13\/1\/10.1-1304","metadata":false},{"id":82080,"structure_id":12861,"section_number":"10.1-1305","catch_line":"Records of proceedings of Board","url":"\/10.1-1305\/","token":"10.1\/II\/13\/1\/10.1-1305","metadata":false},{"id":82195,"structure_id":12861,"section_number":"10.1-1306","catch_line":"Inspections, investigations, etc","url":"\/10.1-1306\/","token":"10.1\/II\/13\/1\/10.1-1306","metadata":false},{"id":74498,"structure_id":12861,"section_number":"10.1-1307","catch_line":"Further powers and duties of Board and Department","url":"\/10.1-1307\/","token":"10.1\/II\/13\/1\/10.1-1307","metadata":false},{"id":56548,"structure_id":12861,"section_number":"10.1-1307.01","catch_line":"Further duties of Board and Department; localities particularly affected","url":"\/10.1-1307.01\/","token":"10.1\/II\/13\/1\/10.1-1307.01","metadata":false},{"id":80356,"structure_id":12861,"section_number":"10.1-1307.02","catch_line":"Permit for generation of electricity during ISO-declared emergency","url":"\/10.1-1307.02\/","token":"10.1\/II\/13\/1\/10.1-1307.02","metadata":false},{"id":78676,"structure_id":12861,"section_number":"10.1-1307.03","catch_line":"Requirements applicable to Outer Continental Shelf sources","url":"\/10.1-1307.03\/","token":"10.1\/II\/13\/1\/10.1-1307.03","metadata":false},{"id":77963,"structure_id":12861,"section_number":"10.1-1307.04","catch_line":"Greenhouse gas emissions inventory","url":"\/10.1-1307.04\/","token":"10.1\/II\/13\/1\/10.1-1307.04","metadata":false},{"id":77934,"structure_id":12861,"section_number":"10.1-1307.05","catch_line":"Low-emissions and zero-emissions vehicle standards","url":"\/10.1-1307.05\/","token":"10.1\/II\/13\/1\/10.1-1307.05","metadata":false},{"id":83663,"structure_id":12861,"section_number":"10.1-1307.1","catch_line":"Department continued; appointment of Director","url":"\/10.1-1307.1\/","token":"10.1\/II\/13\/1\/10.1-1307.1","metadata":false},{"id":80397,"structure_id":12861,"section_number":"10.1-1307.2","catch_line":"Powers and duties of the Executive Director","url":"\/10.1-1307.2\/","token":"10.1\/II\/13\/1\/10.1-1307.2","metadata":false},{"id":62436,"structure_id":12861,"section_number":"10.1-1307.3","catch_line":"Executive Director to enforce laws","url":"\/10.1-1307.3\/","token":"10.1\/II\/13\/1\/10.1-1307.3","metadata":false},{"id":57864,"structure_id":12861,"section_number":"10.1-1308","catch_line":"Regulations","url":"\/10.1-1308\/","token":"10.1\/II\/13\/1\/10.1-1308","metadata":false},{"id":76943,"structure_id":12861,"section_number":"10.1-1308.01","catch_line":"Qualified fumigation facilities","url":"\/10.1-1308.01\/","token":"10.1\/II\/13\/1\/10.1-1308.01","metadata":false},{"id":82671,"structure_id":12861,"section_number":"10.1-1308.1","catch_line":"Streamlined permitting process for qualified energy generators","url":"\/10.1-1308.1\/","token":"10.1\/II\/13\/1\/10.1-1308.1","metadata":false},{"id":73292,"structure_id":12861,"section_number":"10.1-1309","catch_line":"Issuance of special orders; civil penalties","url":"\/10.1-1309\/","token":"10.1\/II\/13\/1\/10.1-1309","metadata":false},{"id":84294,"structure_id":12861,"section_number":"10.1-1309.1","catch_line":"Special orders; penalties","url":"\/10.1-1309.1\/","token":"10.1\/II\/13\/1\/10.1-1309.1","metadata":false},{"id":86080,"structure_id":12861,"section_number":"10.1-1310","catch_line":"Decision of Department pursuant to hearing","url":"\/10.1-1310\/","token":"10.1\/II\/13\/1\/10.1-1310","metadata":false},{"id":70030,"structure_id":12861,"section_number":"10.1-1310.1","catch_line":"Notification of local government","url":"\/10.1-1310.1\/","token":"10.1\/II\/13\/1\/10.1-1310.1","metadata":false},{"id":58705,"structure_id":12861,"section_number":"10.1-1311","catch_line":"Penalties for noncompliance; judicial review","url":"\/10.1-1311\/","token":"10.1\/II\/13\/1\/10.1-1311","metadata":false},{"id":54355,"structure_id":12861,"section_number":"10.1-1312","catch_line":"Air pollution control districts","url":"\/10.1-1312\/","token":"10.1\/II\/13\/1\/10.1-1312","metadata":false},{"id":56750,"structure_id":12861,"section_number":"10.1-1313","catch_line":"State Advisory Board on Air Pollution","url":"\/10.1-1313\/","token":"10.1\/II\/13\/1\/10.1-1313","metadata":false},{"id":59788,"structure_id":12861,"section_number":"10.1-1314","catch_line":"Owners to furnish plans, specifications and information","url":"\/10.1-1314\/","token":"10.1\/II\/13\/1\/10.1-1314","metadata":false},{"id":78602,"structure_id":12861,"section_number":"10.1-1314.1","catch_line":"Protection of trade secrets","url":"\/10.1-1314.1\/","token":"10.1\/II\/13\/1\/10.1-1314.1","metadata":false},{"id":53996,"structure_id":12861,"section_number":"10.1-1315","catch_line":"Right of entry","url":"\/10.1-1315\/","token":"10.1\/II\/13\/1\/10.1-1315","metadata":false},{"id":83968,"structure_id":12861,"section_number":"10.1-1316","catch_line":"Enforcement and civil penalties","url":"\/10.1-1316\/","token":"10.1\/II\/13\/1\/10.1-1316","metadata":false},{"id":64048,"structure_id":12861,"section_number":"10.1-1316.1","catch_line":"Severe ozone nonattainment areas; fees","url":"\/10.1-1316.1\/","token":"10.1\/II\/13\/1\/10.1-1316.1","metadata":false},{"id":86788,"structure_id":12861,"section_number":"10.1-1317","catch_line":"Judicial review of regulations of Board","url":"\/10.1-1317\/","token":"10.1\/II\/13\/1\/10.1-1317","metadata":false},{"id":85596,"structure_id":12861,"section_number":"10.1-1318","catch_line":"Appeal from decision of Department","url":"\/10.1-1318\/","token":"10.1\/II\/13\/1\/10.1-1318","metadata":false},{"id":72782,"structure_id":12861,"section_number":"10.1-1319","catch_line":"Appeal to Court of Appeals","url":"\/10.1-1319\/","token":"10.1\/II\/13\/1\/10.1-1319","metadata":false},{"id":75588,"structure_id":12861,"section_number":"10.1-1320","catch_line":"Penalties; chapter not to affect right to relief or to maintain action","url":"\/10.1-1320\/","token":"10.1\/II\/13\/1\/10.1-1320","metadata":false},{"id":84508,"structure_id":12861,"section_number":"10.1-1320.1","catch_line":"Duty of attorney for the Commonwealth","url":"\/10.1-1320.1\/","token":"10.1\/II\/13\/1\/10.1-1320.1","metadata":false},{"id":79823,"structure_id":12861,"section_number":"10.1-1321","catch_line":"Local ordinances","url":"\/10.1-1321\/","token":"10.1\/II\/13\/1\/10.1-1321","metadata":false},{"id":75516,"structure_id":12861,"section_number":"10.1-1321.1","catch_line":"When application for permit considered complete","url":"\/10.1-1321.1\/","token":"10.1\/II\/13\/1\/10.1-1321.1","metadata":false},{"id":63202,"structure_id":12861,"section_number":"10.1-1322","catch_line":"Permits","url":"\/10.1-1322\/","token":"10.1\/II\/13\/1\/10.1-1322","metadata":false},{"id":80138,"structure_id":12861,"section_number":"10.1-1322.01","catch_line":"Repealed","url":"\/10.1-1322.01\/","token":"10.1\/II\/13\/1\/10.1-1322.01","metadata":false},{"id":87432,"structure_id":12861,"section_number":"10.1-1322.1","catch_line":"Air Pollution Permit Program Fund established; use of moneys","url":"\/10.1-1322.1\/","token":"10.1\/II\/13\/1\/10.1-1322.1","metadata":false},{"id":57793,"structure_id":12861,"section_number":"10.1-1322.2","catch_line":"Preliminary program permit fees","url":"\/10.1-1322.2\/","token":"10.1\/II\/13\/1\/10.1-1322.2","metadata":false},{"id":67112,"structure_id":12861,"section_number":"10.1-1322.3","catch_line":"Emissions trading programs; emissions credits; Board to promulgate regulations","url":"\/10.1-1322.3\/","token":"10.1\/II\/13\/1\/10.1-1322.3","metadata":false},{"id":87077,"structure_id":12861,"section_number":"10.1-1322.4","catch_line":"Permit modifications for alternative fuels or raw materials","url":"\/10.1-1322.4\/","token":"10.1\/II\/13\/1\/10.1-1322.4","metadata":false},{"id":73730,"structure_id":12861,"section_number":"10.1-1322.5","catch_line":"Virginia Electric Vehicle Grant Fund and Program; report","url":"\/10.1-1322.5\/","token":"10.1\/II\/13\/1\/10.1-1322.5","metadata":false}],"previous_section":{"id":74498,"structure_id":12861,"section_number":"10.1-1307","catch_line":"Further powers and duties of Board and Department","url":"\/10.1-1307\/","token":"10.1\/II\/13\/1\/10.1-1307","metadata":false},"next_section":{"id":80356,"structure_id":12861,"section_number":"10.1-1307.02","catch_line":"Permit for generation of electricity during ISO-declared emergency","url":"\/10.1-1307.02\/","token":"10.1\/II\/13\/1\/10.1-1307.02","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1307.01\/","history_text":"

This law was first created in 1993. The record of its establishment is cataloged in chapter 944 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. Unfortunately, the 1993 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1997, chapter 612<\/a>; in 2020, chapter 1110<\/a>; in 2022, chapter 356<\/a>.<\/p>","references":[{"id":76875,"section_number":"10.1-1184.1","catch_line":"Additional duties of Department; controversial permits","order_by":null,"url":"\/10.1-1184.1\/"}],"refers_to":false,"permalink":{"id":145691,"object_type":"law","relational_id":56548,"identifier":"10.1-1307.01","token":"10.1\/II\/13\/1\/10.1-1307.01","url":"\/10.1-1307.01\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1307.01\/","token":"10.1\/II\/13\/1\/10.1-1307.01","dublin_core":{"Title":"Further duties of Board and Department; localities particularly affected","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1307.01","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span>, before promulgating a regulation under consideration, or the Department<\/span>, before granting a variance to an existing regulation, or issuing a permit for the construction of a new major source or for a major modification to an existing source, if it is found that there is a locality particularly affected<\/span> by the regulation, variance, or permit, shall, respectively: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Publish, or require the applicant to publish, a notice in a local paper of general circulation in each locality affected at least 30 days prior to the close of any public comment period. Such notice shall contain a statement of the estimated local impact of the proposed action, which at a minimum shall provide information regarding specific pollutants and the total quantity of each that may be emitted and shall list the type and quantity of any fuels to be used. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Mail the notice to the chief elected official and chief administrative officer of and the planning district commission for such locality.\n\t\t\t\tWritten comments shall be accepted by the Board<\/span> for at least 15 days after any hearing<\/span> on the regulation unless the Board<\/span> votes to shorten the period. Written comments shall be accepted by the Department<\/span> for at least 15 days after any hearing<\/span> on the variance or permit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the Department<\/span> finds, before granting any variance to an existing regulation or issuing any permit for (i) a new fossil fuel-fired generating facility with a capacity of 500 megawatts or more, (ii) a major modification to an existing source that is a fossil fuel-fired generating facility with a capacity of 500 megawatts or more, (iii) a new fossil fuel-fired compressor station facility used to transport natural gas, or (iv) a major modification to an existing source that is a fossil fuel-fired compressor station facility used to transport natural gas, that there is a locality particularly affected<\/span> by such variance or permit, the Department<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Require the applicant to publish a notice in at least one local paper of general circulation in any locality particularly affected<\/span> at least 60 days prior to the close of any public comment period. Such notice shall (i) contain a statement of the estimated local impact of the proposed action; (ii) provide information regarding specific pollutants and the total quantity of each that may be emitted; (iii) list the type, quantity, and source of any fuel to be used; (iv) advise the public as to the date and location of a public hearing<\/span>; and (v) advise the public where to obtain information regarding the proposed action. The Department<\/span> shall post such notice on the Department<\/span> website and on a Department<\/span> social media account. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Require the applicant to mail the notice to (i) the chief elected official of, chief administrative officer of, and planning district commission for each locality particularly affected<\/span>; (ii) every public library and public school located within five miles of such facility; and (iii) the owner<\/span> of each parcel of real property that is depicted as adjacent to the facility on the current real estate tax assessment maps of the locality.\n\t\t\t\tWritten comments shall be accepted by the Department<\/span> for at least 30 days after any hearing<\/span> on such variance or permit, unless the Director<\/span> elects to shorten the period. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For the purposes of this section, the term “locality particularly affected<\/span>” means any locality that bears any identified disproportionate material<\/span> air quality impact that would not be experienced by other localities. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFURTHER DUTIES OF BOARD AND DEPARTMENT; LOCALITIES PARTICULARLY AFFECTED (\u00a7\n10.1-1307.01)\n\nA. The Board, before promulgating a regulation under consideration, or the\nDepartment, before granting a variance to an existing regulation, or issuing a\npermit for the construction of a new major source or for a major modification to\nan existing source, if it is found that there is a locality particularly\naffected by the regulation, variance, or permit, shall, respectively:\n\n 1. Publish, or require the applicant to publish, a notice in a local paper of\n general circulation in each locality affected at least 30 days prior to the\n close of any public comment period. Such notice shall contain a statement of\n the estimated local impact of the proposed action, which at a minimum shall\n provide information regarding specific pollutants and the total quantity of\n each that may be emitted and shall list the type and quantity of any fuels to\n be used.\n\n 2. Mail the notice to the chief elected official and chief administrative\n officer of and the planning district commission for such locality.\n \t\t\t\tWritten comments shall be accepted by the Board for at least 15 days after\n any hearing on the regulation unless the Board votes to shorten the period.\n Written comments shall be accepted by the Department for at least 15 days\n after any hearing on the variance or permit.\n\nB. If the Department finds, before granting any variance to an existing\nregulation or issuing any permit for (i) a new fossil fuel-fired generating\nfacility with a capacity of 500 megawatts or more, (ii) a major modification to\nan existing source that is a fossil fuel-fired generating facility with a\ncapacity of 500 megawatts or more, (iii) a new fossil fuel-fired compressor\nstation facility used to transport natural gas, or (iv) a major modification to\nan existing source that is a fossil fuel-fired compressor station facility used\nto transport natural gas, that there is a locality particularly affected by such\nvariance or permit, the Department shall:\n\n 1. Require the applicant to publish a notice in at least one local paper of\n general circulation in any locality particularly affected at least 60 days\n prior to the close of any public comment period. Such notice shall (i) contain\n a statement of the estimated local impact of the proposed action; (ii) provide\n information regarding specific pollutants and the total quantity of each that\n may be emitted; (iii) list the type, quantity, and source of any fuel to be\n used; (iv) advise the public as to the date and location of a public hearing;\n and (v) advise the public where to obtain information regarding the proposed\n action. The Department shall post such notice on the Department website and on\n a Department social media account.\n\n 2. Require the applicant to mail the notice to (i) the chief elected official\n of, chief administrative officer of, and planning district commission for each\n locality particularly affected; (ii) every public library and public school\n located within five miles of such facility; and (iii) the owner of each parcel\n of real property that is depicted as adjacent to the facility on the current\n real estate tax assessment maps of the locality.\n \t\t\t\tWritten comments shall be accepted by the Department for at least 30 days\n after any hearing on such variance or permit, unless the Director elects to\n shorten the period.\n\nC. For the purposes of this section, the term “locality particularly\naffected” means any locality that bears any identified disproportionate\nmaterial air quality impact that would not be experienced by other localities.\n\nHISTORY: 1993, c. 944; 1997, c. 612; 2020, c. 1110; 2022, c. 356.","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}}