September 17, 2002

Air Pollution Control Board -
Notice of Intended Regulatory Action

Recent meetings that affect the solid waste industry are summarized in this Bulletin. Please feel free to contact us for more detailed information on any of these issues.

The State Air Pollution Control Board held a Notice of Intended Regulatory Action (NOIRA) meeting at the Central Office of the Department of Environmental Quality (DEQ) in Richmond, Virginia, on September 11, 2002, for the purpose of announcing intended regulatory changes to 9VAC5-40-10 et seq. of the Commonwealth of Virginia Regulations for the Control and Abatement of Air Pollution. 9VAC5-40-10 et seq. regulates Existing Stationary Sources, which includes Municipal Solid Waste Landfills. Proposed changes consists of:

• Revising the regulations to meet deficiencies identified by the Environmental Protection Agency (EPA) pursuant to the EPA's review of the proposed amended regulations, and

• Revising the regulations to address any subsequent requirements that may be promulgated by the EPA during the regulatory development process.

The DEQ indicated that the deficiencies identified by the EPA are mainly procedural ones and that discussions on the proposed changes are still on-going with EPA. Thus, the DEQ was unable to relate any specific changes requested by EPA during the meeting. DEQ anticipates that proposed amended regulations will be released for public review by September 2003. No oral comments were received during the meeting on the advisability of forming an Ad Hoc Advisory Group. The public comment period for the NOIRA meeting closed on September 11, 2002.

If you have any questions regarding this Bulletin, please contact us by email or at (804) 355-4520 (Richmond) or (336) 323-0092 (Greensboro).