9 Va. Admin. Code § 5-170-170

Current through Register Vol. 41, No. 4, October 8, 2024

Section 9VAC5-170-170 - Considerations for approval actions

Pursuant to the provisions of § 10.1-1307 E of the Virginia Air Pollution Control Law, the board in making regulations and the department in approving variances, control programs, or permits, shall consider facts and circumstances relevant to the reasonableness of the activity involved and the regulations proposed to control it, including:

1. The character and degree of injury to, or interference with safety, health, or the reasonable use of property which is caused or threatened to be caused;

2. The social and economic value of the activity involved;

3. The suitability of the activity to the area in which it is located, except that consideration of this factor shall be satisfied if the local governing body of a locality in which a facility or activity is proposed has resolved that the location and operation of the proposed facility or activity is suitable to the area in which it is located; and

4. The scientific and economic practicality of reducing or eliminating the discharge resulting from the activity.

9 Va. Admin. Code § 5-170-170

Derived from Virginia Register Volume 14, Issue 3, eff. January 1, 1998; Amended, Virginia Register Volume 39, Issue 5, eff. 11/23/2022.

Statutory Authority: § 10.1-1308 of the Code of Virginia.