                                 CODE OF VIRGINIA

ADDITIONAL DUTIES OF DEPARTMENT; CONTROVERSIAL PERMITS (§ 10.1-1184.1)

A. For purposes of this section, &#8220;controversial permit&#8221; means an air
or water permitting action for which a public hearing has been granted pursuant
to the provisions of subsection C. &#8220;Controversial permit&#8221; also means
an air permitting action where a public hearing is required for (i) the
construction of a new major source or for a major modification to an existing
source, (ii) a new fossil fuel-fired generating facility with a capacity of 500
megawatts or more, (iii) a major modification to an existing source that is a
fossil fuel-fired generating facility with a capacity of 500 megawatts or more,
(iv) a new fossil fuel-fired compressor station facility used to transport
natural gas, or (v) a major modification to an existing source that is a fossil
fuel-fired compressor station facility used to transport natural gas.

B. At each regular meeting of the Air Pollution Control Board or the State Water
Control Board, the Department shall provide an overview and update regarding any
controversial permits pending before the Department that are relevant to each
board. Immediately after such presentation by the Department, the board shall
have an opportunity to respond to the Department&#8217;s presentation and
provide commentary regarding such pending permits. Before rendering a final
decision on a controversial permit, the Department shall publish a summary of
public comments received during the applicable public comment period and public
hearing. After such publication, the Department shall publish responses to the
public comment summary and hold a public hearing to provide an opportunity for
individuals who previously commented, either at a public hearing or in writing
during the applicable public comment period, to respond to the
Department&#8217;s public comment summary and response. No new information shall
be accepted at that time.

C. Any changes to regulations necessary to implement the provisions of this
section shall include the following criteria for requesting and granting a
public hearing on a permit action during a public comment period in those
instances where a public hearing is not mandatory under state or federal law or
regulation.

   1. During the public comment period on permit action, interested persons may
   request a public hearing to contest such action or the terms and conditions
   thereof. Requests for a public hearing shall contain the following
   information: (i) the name and postal mailing or email address of the
   requester; (ii) the names and addresses of all persons for whom the requester
   is acting as a representative (for the purposes of this requirement,
   &#8220;person&#8221; includes an unincorporated association); (iii) the reason
   for the request for a public hearing; (iv) a brief, informal statement setting
   forth the factual nature and the extent of the interest of the requester or of
   the persons for whom the requester is acting as representative in the
   application or tentative determination, including an explanation of how and to
   what extent such interest would be directly and adversely affected by the
   issuance, denial, modification, or revocation of the permit in question; and
   (v) where possible, specific references to the terms and conditions of the
   permit in question, together with suggested revisions and alterations of those
   terms and conditions that the requester considers are needed to conform the
   permit to the intent and provisions of the basic laws of the State Air
   Pollution Control Board or the State Water Control Board, as applicable.

   2. Upon completion of the public comment period on a permit action, the
   Director shall review all timely requests for public hearing filed during the
   public comment period on the permit action and within 30 calendar days
   following the expiration of the time period for the submission of requests
   shall grant a public hearing, unless the permittee or applicant agrees to a
   later date, if the Director finds the following: (a) that there is a
   significant public interest in the issuance, denial, modification, or
   revocation of the permit in question as evidenced by receipt of a minimum of
   25 individual requests for a public hearing; (b) that the requesters raise
   substantial, disputed issues relevant to the issuance, denial, modification,
   or revocation of the permit in question; and (c) that the action requested by
   the interested party is not on its face inconsistent with, or in violation of,
   the basic laws of the State Air Pollution Control Board if the permit action
   is an air permit action, or the basic laws of the State Water Control Board if
   the permit action is a water permit action, federal law, or any regulation
   promulgated thereunder.

   3. The Director shall, forthwith, notify by email or mail at his last known
   address (1) each requester and (2) the applicant or permittee of the decision
   to grant or deny a public hearing. If the request for a public hearing is
   granted, the Director shall schedule the hearing at a time between 45 and 75
   days after emailing or mailing of the notice of the decision to grant the
   public hearing. The Director shall cause, or require the applicant to publish,
   notice of a public hearing to be published once, in a newspaper of general
   circulation in the city or county where the facility or operation that is the
   subject of the permit or permit application is located, at least 30 days
   before the hearing date. In making its decision, the Department shall consider
   (A) the verbal and written comments received during the public comment period
   and public hearing made part of the record, (B) any commentary of the Board,
   and (C) the agency files. The public comment period shall remain open for 15
   days after the close of the public hearing if required by &#xA7; 10.1-1307.01
   or &#xA7; 62.1-44.15:01.

   4. In addition, the Director may, in his discretion, convene a public hearing
   on a permit action.

HISTORY: 2022, c. 356.