                                 CODE OF VIRGINIA

FURTHER DUTIES OF BOARD AND DEPARTMENT; LOCALITIES PARTICULARLY AFFECTED (§
10.1-1307.01)

A. 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:

   1. 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.

   2. Mail the notice to the chief elected official and chief administrative
   officer of and the planning district commission for such locality.
   				Written 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. 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:

   1. 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.

   2. 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.
   				Written 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. For the purposes of this section, the term &#8220;locality particularly
affected&#8221; means any locality that bears any identified disproportionate
material air quality impact that would not be experienced by other localities.

HISTORY: 1993, c. 944; 1997, c. 612; 2020, c. 1110; 2022, c. 356.