10.1-1187.6 - Approval of alternate compliance methods.
§ 10.1-1187.6. Approval of alternate compliance methods.
A. To the extent consistent with federal law and notwithstanding any otherprovision of law, the Air Pollution Control Board, the Waste ManagementBoard, and the State Water Control Board may grant alternative compliancemethods to the regulations adopted pursuant to their authorities,respectively, under §§ 10.1-1308, 10.1-1402, and 62.1-44.15 for persons orfacilities that have been accepted by the Department as meeting the criteriafor E3 and E4 facilities under § 10.1-1187.3, including but not limited tochanges to monitoring and reporting requirements and schedules, streamlinedsubmission requirements for permit renewals, the ability to make certainoperational changes without prior approval, and other changes that would notincrease a facility's impact on the environment. Such alternative compliancemethods may allow alternative methods for achieving compliance withprescribed regulatory standards, provided that the person or facilityrequesting the alternative compliance method demonstrates that the methodwill (i) meet the purpose of the applicable regulatory standard, (ii) promoteachievement of those purposes through increased reliability, efficiency, orcost effectiveness, and (iii) afford environmental protection equal to orgreater than that provided by the applicable regulatory standard. Noalternative compliance method shall be approved that would alter an ambientair quality standard, ground water protection standard, or water qualitystandard and no alternative compliance method shall be approved that wouldincrease the pollutants released to the environment, increase impacts tostate waters, or otherwise result in a loss of wetland acreage.
B. Notwithstanding any other provision of law, an alternate compliance methodmay be approved under this section after at least 30 days' public notice andopportunity for comment, and a determination that the alternative compliancemethod meets the requirements of this section.
C. Nothing in this section shall be interpreted or applied in a mannerinconsistent with the applicable federal law or other requirement necessaryfor the Commonwealth to obtain or retain federal delegation or approval ofany regulatory program. Before approving an alternate compliance methodaffecting any such program, each Board may obtain the approval of the federalagency responsible for such delegation or approval. Any one of the Boards maywithdraw approval of the alternate compliance method at any time if anyconditions under which the alternate compliance method was originallyapproved change, or if the recipient has failed to comply with any of thealternative compliance method requirements.
D. Upon approval of the alternative compliance method under this section, thealternative compliance method shall be incorporated into the relevant permitsas a minor permit modification with no associated fee. The permits shall alsocontain any such provisions that shall go into effect in the event that theparticipant fails to fulfill its obligations under the variance, or isremoved from the program for reasons specified by the Director undersubsection B of § 10.1-1187.4.
(2005, c. 705.)