CODE OF VIRGINIA

APPROVAL OF ALTERNATE COMPLIANCE METHODS (§ 10.1-1187.6)

A. 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.

B. 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.

C. 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.

D. 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.

HISTORY: 2005, c. 705.