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Public Participation Procedures in the Waste Division

December 14, 2004

  1. Writing Waste Regulations (9 VAC 20-10-30)

    The Waste Division (Division) maintains an official mailing list for waste regulation issues. The Division uses the list to notify persons who have sent in written requests for that purpose, or who the Division deems interested parties (9 VAC 20-10-30.A). The Division issues a Notice of Proposed Regulatory Action (NOIRA) whenever planning to adopt, amend, or repeal any waste regulation. The NOIRA must include the elements listed in 9 VAC 20-10-30.D. The public comment period for NOIRAs extends for at least 30 days following publication in the Virginia Register of Regulations. Also, the NOIRA is sent to the official mailing list.

    Except where authorized or delegated otherwise, by the executive or legislative branches of government, the Division commonly uses a public participatory approach to develop regulations. Alternatively, an invitation to provide comments concerning the need for public participation can be included in the NOIRA. In the event this invitation generates five or more written requests to use public participation, the Division will adopt the approach to be used (e.g. an advisory committee). In the event multiple public participation approaches are available, the DEQ will select the approach(es) to be used (9 VAC 20-10-30.C). Unless otherwise authorized, the Division commonly holds at least one public meeting to consider the adoption, amendment, or repeal of any regulation before the proposed draft is written (9 VAC 20-10-30.D.2).

    After considering public input, the Division writes the draft proposed regulation and provides any supporting documentation. When the participatory approach is used, the draft proposed regulation is written in consultation with a technical advisory group (TAC). The TAC considers the comments or a summary of comments submitted in response to the NOIRA, collected during the 30 day response period (9 VAC 20-10-30.F).

    The draft regulation is brought before the Waste Management Board, where approval is sought for the authority to proceed with public participation. After receiving the approval of the Board, the Division publishes a Notice of Public Comment (NOPC). For the contents of the NOPC, see 9 VAC 20-10-30.H. The NOPC is published in the Virginia Register and in a newspaper(s) of general circulation in Richmond, and other cities as appropriate. The NOPC public comment period extends for at least 60 days after publication (9 VAC 20-20-30.I & J). In addition, the NOPC is mailed to the official mailing list.

    At the end of the 60 day public comment period for the NOPC, the Division prepares a comment summary and official responses. A draft of the summary and responses is sent to all commenters at least five days before the regulation is finalized (9 VAC 20-10-30.K).

  2. Mediation & Alternate Dispute Resolution (9 VAC 20-15-90)

    When a dispute has been referred by the Waste Board for dispute resolution, a public notice is placed in the Virginia Register of Regulations. Within the time frame specified in the notice (at least 10 business days following publication), anyone who qualifies as a party to the pending dispute resolution (9 VAC 20-15-20) can apply to participate.

  3. Solid Waste

    1. Permitting (9 VAC 20-80)

      1. Permits-By-Rule with Public Participation (9 VAC 20-80-485.A.5) This includes public participation for transfer stations; materials recovery facilities; energy recovery, thermal treatment, or incineration facilities; or composting facilities meeting conditions specified in the regulation. Before initiating construction of a permit-by-rule facility, the owner/operator must publish a notice for two consecutive weeks (once per week) in a major local newspaper of general circulation. The notice must announce a public comment period of 30 days (see 9 VAC 20-80-485.A.5.(a). The notice must announce a public meeting related to the proposed construction, that will be held at least 15 days after publication, but not less than 7 days before the close of the 30-day comment period (9 VAC 20-80-485.A.5.(c).).

        Among permits-by-rule facilities, only transfer stations (but also see new sanitary landfills-9 VAC 20-80-500.B.5), the notice of intent for construction must include the steps to be taken to address comments of local area residents regarding the proposed siting of the transfer station. The owner/operator must publish a notice, once each week, for two consecutive weeks in a major local newspaper of general circulation. The notice must announce at least one public meeting to identify issues of concern and facilitate communication between the applicant and the affected persons in the community. The notice shall be published at least 14 days before the meeting date. These public comment steps are to be completed by the applicant before filing the notice of intent for construction with the Division (9 VAC 20-0-500.B.5).

      2. Permits-By-Rule without Public Meeting Requirements - See onsite Regulated Medical Waste (9 VAC 20-120-180) and Yard Waste Composting (9 VAC 20-101-160).

      3. Solid Waste "Full" Permits (9 VAC 20-80-500) - Before filing a notice of intent for siting and constructing a new sanitary landfill, the applicant first must include a description of steps taken to include comments of local area residents (9 VAC 20-80-500.B.5). The owner/operator must publish a notice for two consecutive weeks (once per week) in a major local newspaper of general circulation. The notice must announce at least one public meeting to identify issues of concern and to facilitate communication between the applicant and the affected persons in the community. The notice shall be published at least 14 days before the meeting date. These public comment steps are to be completed by the applicant before the notice of intent for construction is filed with the Division (9 VAC 20-80-500.B.5).

        In addition to the above preliminary requirements for sanitary landfills, the permit applicant for all solid waste management facilities and modifications (other than those qualifying for permit by rule) must file a notice of intent with DEQ (9 VAC 20-80-500.B). Also, no new facility applications or amendments (for non-captive industrial landfills) will be considered complete, without the local governing body's certification in accord with 9 VAC 20-80-500.B.3. Applications for new sanitary landfills and existing landfill expansion require certification that a host agreement has been reached with the locality (9 VAC 20-80-500.B.7). Once the Division finds the application technically complete, DEQ can develop a draft permit. The Division publishes a notice of the availability of the draft permit for public viewing, in a local newspaper of general circulation. The contents of the public notice(s) are specified at 9 VAC 20-80-500.E. The notice announces a public comment period of at least 45 days (see 9 VAC 20-80-500.E.3). Also, the notice is to announce a public hearing on the draft permit to be held at least 30 days after publication, but not less than 15 days before the close of the comment period. (9 VAC 20-80-500.E.3.(c).

        DEQ will make a final decision on whether to permit or deny the proposed action within 30 days following the close of the comment period. The Division relates the final decision to the applicant and all who commented during the public participation period (9 VAC 20-80-500.E.4 & 5).

        Public participation for tentative variance decisions require an announcement of the DEQ's tentative decision in a newspaper advertisement and in a radio broadcast in the locality where the applicant is located (9 VAC 20-80-790.B.3.(c)). The variance process contains additional provisions for an informal fact finding meeting (at the option of DEQ) at the request of any interested party. The petitioner for the variance may request a formal hearing, when variances are denied, to challenge the rejection (see 9 VAC 20-80-790.B.3.(d) & C.1).

      4. Other Solid Waste Public Participation Requirements - Fees are charged to permit applicants for newspaper notice publications, radio broadcasts, and other public participation activities (see 9 VAC 20-90-70.C and 120 (Table 3.1-2)).

        The owner/operator must file a public notice before initiating a corrective action measure or the proposing a presumptive remedy. The owner/operator must publish the notice for two consecutive weeks (once per week) in a major local newspaper of general circulation. The contents of the notice are listed at 9 VAC 20-80-310.A.5.(a). The notice must announce a public comment period of 30 days and that a public meeting on the proposed remedy, will be held at least 15 days after publication, but not less than 7 days before the close of the 30-day comment period (9 VAC 20-80-310.A.5.(c) & (d)).

        Most public participation requirements for solid waste permits financial assurance are addressed in 9 VAC 20-80 (see above). However, an additional requirement for local government owner/operators appears at 9 VAC 20-70-210.2. A local government owner/operator is one where a local government owns/operates the solid waste management facility. In the local government's comprehensive annual financial report, the owner/operator is required to disclose solid waste permitting costs which are assured using the local government financial test. The requirements for this statement are set forth at 9 VAC 20-70-210.2.

    2. Emergency Solid Waste Permits (9 VAC 20-80-485.B)

      All emergency permits are temporary permits, issued for a maximum of 90 days where the DEQ finds an imminent and substantial endangerment to human health or the environment. With emergency permits, the public participation process occurs after, not before, the permit decision is made. The applicant publishes a newspaper notice after the permit is approved. The contents of the public notice are found at 9 VAC 20-80-485.B.4.

    3. Regulated Medical Waste Permits-By-Rule (9 VAC 20-120-680 et seq.)

      An owner/operator's facility is deemed to have a regulated medical waste management permit offsite if the conditions listed at 9 VAC 20-120-690.D.1 or 2 are met. However, before a regulated medical waste facility can begin construction, the owner/operator must publish a newspaper notice stating his/her intent to construct and operate a permit by rule for an off-site medical waste facility. The required notice contents are found at 9 VAC 20-120-690.D.4.(a). The notice announces both a public comment period of 30 days and a public meeting about the proposed construction. The public meeting should be held at least 15 days after publication, but not less than 7 days before the close of the 30-day comment period (9 VAC 20-120-690.D.4.(c)).

      Public participation for a tentative variance decisions on the medical waste permit regulations is similar to that for the medical waste permit by rule. However, the variance public participation process additionally provides for an informal fact finding meeting (at the option of DEQ), at the request of any interested person. The variance petitioner may request a formal hearing to challenge the rejection of any such variance (9 VAC 20-120-880 & 890).

    4. Management of Coal Combustion By-Products (9 VAC 20-80)

      The applicant for a variance from the coal combustion by-products management standards found in this regulation (Part III) must follow the public participation requirements for solid waste variances (9 VAC 20-80-790-see III.A.2. above).

    5. Management of Vegetative Waste & Yard Waste Composting (9 VAC 20-101-70.A.16)

      Small vegetative waste disposal units, where the waste is derived from land clearing, may qualify for special exemptions. The exemptions are dependent on the criteria found in 9 VAC 20-101-70. At least six weeks before the construction of any such unit, the owner must notify DEQ, the local government, and all abutting property owners, in writing (9 VAC 20-101-70.A.16).

    6. Management of Barged Solid & Medical Waste (9 VAC 20-170)

      An owner/operator is deemed to have a permit for a barged solid- or regulated medical-waste facility if the provisions listed at 9 VAC 20-170-180 and 9 VAC 20-170-190 are met. The owner/operator must begin the application process by filing a notice of intent with the DEQ (9 VAC 20-170-180.A.1). No application will be considered complete, without either (1) the local governing body's certification or (2) a public hearing and comment process as described in 9 VAC 20-170-180.A.4.

      Prior to construction, the owner/operator must publish a notice of the owner/operator's intent to construct in a major local newspaper of general circulation. The required contents of the notice are set forth at 9 VAC 20-170-180.B.1. The notice must announce both a public comment period of 30 days and that a public meeting on the proposed facility will be held at least 15 days after publication, but not less than 7 days before the close of the 30-day comment period (9 VAC 20-170-180.B.3. & 4.).

      Public participation requirements for a tentative decision on an owner/operator's request for a variance from the barge regulations are similar to those above for a permit by rule (e.g. newspaper notice and 30 day comment period). However, the Division will hold a public hearing on the tentative variance if requested, or at DEQ's option, if not requested. In the event of an emergency declared by the Governor, a temporary variance may be immediately granted followed by a 90 day public comment period-(see 9 VAC 20-170-420.D & F).

    7. Solid Waste Management Planning (9 VAC 20-130-130)

      The Division's public participation program in solid waste management planning is contained in these requirements for the local and regional plans. A local or regional planning entity is required to publish a notice in a newspaper, before it submits a solid waste plan or major plan amendment to the Division. That entity also must hold a public hearing in accordance with that locality's or region's procedures. Written records of the notice and hearing, as well as comments received and the official responses, are to be submitted to the Division, along with the plan or amendment. In addition, the localities and/or regions are required to provide for public participation through the use of citizen advisory committees and public meetings during plan development.

    8. Solid Waste Compliance & Enforcement (9 VAC 20-80-110 E)

      The Division will investigate and provide written responses to all citizen complaints addressed to the Division. The Division will not oppose intervention by any citizen in a suit brought before a court by the Department. The Division will publish a notice in a major daily or weekly newspaper of general circulation in the area and provide at least 30 days of public comment on proposed settlements of civil enforcement actions except where immediate action is required.

  4. Hazardous Waste

    1. Permitting

      1. Hazardous Waste Facilities Siting (9VAC 20-40) - No person can construct a hazardous waste facility without first obtaining a certification of site approval by the Hazardous Waste Facility Siting Council [the Waste Board, by default]. Applicants first must file a Notice of Intent with the Waste Board (for contents see 9 VAC 20-40-60). Once the Waste Board determines that the Notice of Intent is complete, it sends a copy of the Notice of Intent, along with notice of a Briefing Meeting (at the applicant's expense), to the affected governing bodies/representative(s) and to the property owners adjoining the proposed site. In addition, the Board (applicant's expense) will publish a notice for four consecutive weeks (once per week) in a newspaper of general circulation in the host community (or vicinity). The Board will also send the notice to anyone who has specifically requested such notices.

        The Briefing Meeting is to be held at least 60-, but not more than 75-, days after the notice is delivered to the host community. The meeting is to be held in the vicinity of the host community. The meeting is to provide information on the site and facility and to receive public comment. The meeting proceedings are recorded and a transcript and supporting documents are to be made available for public inspection (9 VAC 20-40-80.A & B).

        The procedure for additional briefing meetings (if held) requires 15-days advance notice, to the applicant, host community, property owners adjacent to the site, and the mailing list. This notice is to be published once each week for at least 2 consecutive weeks (once per week) in the newspaper. Also, the notice is to be broadcast over one or more local radio stations.

        In addition, the applicant is to submit a draft impact analysis (see contents at 9 VAC 20-40-90). Within 10 days of receiving the draft impact analysis, the Board is to publish a notice in the newspaper for two consecutive weeks (once per week). Also, the Board is to send a radio broadcast notice and is to mail the notice to the mailing list. A 45 day public comment period is held on the draft impact analysis. A public meeting on the draft impact analysis is to be held at least 30-, but not more than 40-, days after publication of the associated notice. The meeting is to be conducted in the same manner as the earlier briefing meeting (9 VAC 20-40-90). This meeting is to explain, answer questions, and receive comments on the draft impact analysis.

        Within 10 days after the close of the 45 day-draft impact analysis comment period, the Board is to send all comments to the applicant. From this information, the applicant submits the final impact analysis to the Board and to each of the persons who received the draft analysis, if requested. The Board then either issues an approval or denial of the draft certification. Also, the Board notifies the host community and adjoining property owners of this decision (in accordance with 9 VAC 20-40-120).

        In accordance with 9 VAC 20-40-130, the Board publishes a newspaper notice of a public hearing on the draft certification of site approval for two consecutive weeks. Also, the Board provides for a radio broadcast of the notice. Further, notice is sent by certified mail to the applicant, to the governing bodies in the host community/affected communities, to legislators, to regional planning district staff, to property owners adjacent to the site, and to the mailing list. The public hearing is conducted between 15 and 30 days after the date of publication. The hearing officer is designated by the Board. The applicant, host community, adjoining property owners, and any person whose significant interest will be adversely affected by the Board's decision are entitled to be parties to the hearing. The last (adversely affected) party must petition to be a party at least 10 days before the scheduled hearing date. The Board's hearing officer shall deliver the hearing record to the Board within 15 days after the close of the hearing. Within 45 days after the close of the hearing, the Board must vote its final decision on the certification of site approval (9 VAC 20-40-140).

      2. Post-closure Care & Operating Permits (9VAC 20-60-124) - After the Division has prepared a draft permit from an administratively and technically complete application (Parts A & B), the permit shall be publicly noticed and aired for a comment period of at least 45 days (see 9 VAC 20-60-124.6(e), 124.10, and 124.11). The permittee gives the notice of opportunity for a public hearing (9 VAC 20-60-124.B.7 and §124.12). Notice hearing shall be given at least 30 days in advance (§124.10(b)(2)). Notice is given by the following methods: by sending to the Division's facility mailing lists, by publishing a notice in a daily or weekly major local newspaper of general circulation, and by broadcasting over local radio stations. The contents of the public notice(s) are found at §124.10(d).

        Any interested persons may submit written comments on the draft permit and/or a request for a public hearing, during the comment period (see §§124.10(b)(1), 124.11, and 124.13). The Division will respond to all such comments when the final permit decision is made, as set forth at §124.17. The public hearing, if requested or if otherwise required on the basis of a significant degree of public interest, is to be conducted within 45 days of notice publication, in accordance with §124.12. During a public hearing, any person who signs the hearing register may submit oral or written statements concerning the draft permit. The Division will respond to all such comments expressed during the public hearing when the final permit decision is made, as set forth at §124.17.

        The Division can extend or reopen the public comment period beyond the 45-day minimum when any of the circumstances listed in §124.14 prevail. After the close of the public comment period, DEQ shall issue a final permit decision and shall notify the applicant and each person who either has commented or requested notice of the final permit decision, as set forth in §124.15. The final permit decision (to approve or to deny a permit) becomes effective 30 days after the service of notice, subject to the exceptions at §124.15.b. In the event of an appeal submitted by any official commenter or hearing participant, the decision will become effective as explained at §124.19. The required contents of the Notice of Appeal are described in Part 2A of the rules of the Supreme Court of Virginia.

        Please note that there may be additional considerations for Post-closure care in lieu of a permit. For those specific cases, please read 9 VAC 20-60-264.117 to 264.120 in the regulations.

      3. Modifications of Post-closure Care & Operating Permits (9 VAC 20-60-270.42) - Appendix I to §270.42 ranks different specific modifications to Post-closure care and Operating Permits (from low- to high-level modifications) as classes 1, 2, or 3. Please note, there are technical provisions for Class 1, 2, or 3, Modifications for Remedial Action Plans to treat, store, or dispose of hazardous remediation waste at a remediation waste management site, which are distinct from modifications in general. For more information, please see: 9 VAC 20-60-270.79 to 270.230 (particularly, see 270.85).

        1. Class 1 Modifications (9 VAC 20-60-270.42(a)) - Within 90 calendar days of approval by DEQ, the permittee must send a notice of the modification to all persons on the facility mailing list. Any person may request DEQ to review any Class 1 modification.

        2. Class 2 Modifications (9 VAC 20-60-270.42(b)) - The permittee must send a notice of the Class 2 modification request to all persons on the facility mailing list. Further, within 7 days before or after the date submitted to the DEQ, the permittee must publish the notice of the Class 2 request in a major local newspaper of general circulation. The notice must announce: a 60-day comment period and the date, time, and place for a public meeting. Also, the notice must meet the other requirements specified at § 270.42(b)(2). The permittee must place a copy of the modification request and supporting documents in an announced location, accessible to the public (§ 270.42(b)(3)).

          The permittee must hold the public meeting at least 15 days after notice publication and no less than 15 days before the close of the public comment period. The public meeting must be held in the vicinity of the permitted facility (§ 270.42(b)(4)). Within 90 days of receipt of the notification request, DEQ must act on the request in accordance with § 270.42(b)(6). In making a decision to approve or deny a modification request, DEQ must consider all written comment submitted during the comment period and respond in writing to all significant comments (§ 270.42(b)(6)(vi)).

        3. Class 3 Modifications (9 VAC 20-60-270.42(c)) - The permittee must send a notice of the Class 3 modification request to all persons on the facility mailing list. Further, within 7 days before or after the date the request is submitted to DEQ, the permittee must publish the notice of the Class 3 request in a major local newspaper of general circulation. The notice must announce: a 60-day comment period and the date, time, and place for a public meeting. Also, the notice must meet the other requirements specified at § 270.42(c)(2). The permittee must place a copy of the modification request and supporting documents in an announced location, accessible to the public (§ 270.42(c)(3)).

          The permittee must hold the public meeting at least 15 days after notice publication and no less than 15 days before the close of the public comment period. The public meeting must be held in the vicinity of the permitted facility (§ 270.42(c)(4)). After the conclusion of the 60-day comment period, DEQ must consider and respond to all significant written comments received and must grant or deny the permit modification request as set forth in 9 VAC 20-60-124.5 (see § 270.42(c)(6)).

          If the DEQ decides to modify a permit under § 270.42(c), he or she shall prepare a draft permit under § 124.6 (see § 124.5). Only those conditions to be modified shall be reopened in the new draft permit (see § 124.5(c)(2)). The draft permit is publicly noticed and made available for a comment period of at least 45 days (see 9 VAC 20-60-124.6(e), 124.10, and 124.11). The permittee gives notice of the opportunity for a public hearing (9 VAC 20-60-124.B.7 and §124.12). Notice hearing shall be given at least 30 days in advance (§124.10(b)(2)). Notice is given by the following methods: by sending to the Division's facility mailing lists, by publishing a notice in a daily or weekly major local newspaper of general circulation, and by broadcasting over local radio stations. The contents of the public notice(s) are found at §124.10(d).

          Any interested persons may submit written comments on the draft permit and/or a request for a public hearing, during the comment period (see §§124.10(b)(1), 124.11, and 124.13). The Division will respond to all such comments when the final permit decision is made, as set forth at §124.17. The public hearing, if requested or if otherwise required on the basis of a significant degree of public interest, is to be conducted within 45 days of notice publication, in accordance with §124.12. During a public hearing, any person who signs the hearing register may submit oral or written statements concerning the draft permit. The Division will respond to all such comments expressed during the public hearing when the final permit decision is made, as set forth at §124.17.

          The Division can extend or reopen the public comment period beyond the 45-day minimum when any of the circumstances listed in §124.14 prevail. After the close of the public comment period, DEQ shall issue a final Class 3 modification decision and shall notify the applicant and each person who either has commented or requested notice of the final permit modification decision, as set forth in §124.15. The final decision becomes effective 30 days after the service of notice, subject to the exceptions at §124.15.b. In the event of an appeal submitted by any official commenter or hearing participant, the decision will become effective as explained at §124.19. The required contents of the Notice of Appeal are described in Part 2A of the rules of the Supreme Court of Virginia.

      4. Closure Plans - If closure plans are submitted outside the Part B or application- or hazwaste- permitting process, then the Division must publish a notice of the draft Closure Plan in a major local newspaper of general circulation (see 9 VAC 20-60-124.10 and 9 VAC 20-60-264.112(a)). The notice must announce a 30 day comment period. The Division will respond to all comments before finalizing the Closure Plan.

    2. HSWA Corrective Action (9 VAC 20-60-264.101)

      In addition to the public participation procedures for hazardous waste permitting activities found in the regulations (as discussed above), EPA has provided additional recommendations for enhancing the RCRA public participation process (including HSWA corrective action) in the form of guidance. This information can be accessed at http://www.epa.gov/epaoswer/hazwaste/permit/pubpart/manual.htm .

    3. Emergency Hazardous Waste Permits (9 VAC 20-60-270.61)

      All emergency permits are temporary permits which may be issued for a maximum of 90 days, in the event the DEQ finds an imminent and substantial endangerment to human health or the environment. Unlike the sequence which occurs with most other hazardous waste permits, the public participation process for such permits occurs after the emergency permit decision is made. Upon approval of the emergency permit the Division publishes a notice (at the permittee's expense) in a daily or weekly major local newspaper of general circulation. The contents of the public notice are specified at §270.61(b)(5). The notice establishes a comment period of at least 30 days §124.10 (b)(1). Written comments on the emergency permit may be submitted by any interested persons during the comment period (see §§ 124.11, and 124.13). The Division will respond to all such comments as set forth at §124.17.

    4. Hazardous Waste Transporter Permits (9 VAC 20-60-263 & 9 VAC 20-110)

      There are no public participation requirements for Hazardous Waste Transporter Permits.

    5. Reports and Related Materials Received from Generators, Transporters, & Facilities (9 VAC 20-60-70 E)

      All reports and related materials received from generators, transporters, and facilities are open to the public for review.

    6. Hazardous Waste Compliance & Enforcement (9 VAC 20-60-70 F)

      The Division will investigate and provide written responses to all citizen complaints addressed to the Division. The Division will not oppose intervention by any citizen in a suit brought before a court by the Department. The Division will publish a notice in a major daily or weekly newspaper of general circulation in the area and provide at least 30 days of public comment on proposed settlements of civil enforcement actions except where immediate action is required.

  5. CERCLA & Federal Facilities

    Public participation procedures are delegated to a state under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) if the state has initiated a CERCLA action and is explained in related sections of the U.S. Code to include the following:

    1. CERCLA (42 USC §§ 9601 through 9675)

      Currently, Virginia does not have delegated or authorized programs or statutes under CERCLA. Instead, the DEQ Waste Division serves as a support agency for EPA. For CERCLA remedial actions initiated by EPA in Virginia, the requirements are set forth in CERCLA (42 USC §§ 9601 through 9675). The applicable agency must publish a newspaper (major local) notice containing a brief analysis of the proposed remediation plan in advance of performing any state-initiated CERCLA remedial action. Also, the agency must make the proposed plan available to the public. In addition, the agency must provide a reasonable opportunity for written and oral comments and a public meeting on the proposed remediation plan, at or near the facility at issue. The agency must then publish a newspaper/radio notice of the final remedial action plan, adopted as a result of the public comment process. The final remediation plan must be made available to the public before any remedial action begins. (42 USC § 9617). For remediation of CERCLA sites, other than at facilities under the jurisdiction of the U.S. Department of Defense (DoD), initiated by private concerns (i.e. not State or Federal agencies) in Virginia, public participation procedures are enforced by the EPA in accordance with CERCLA.

    2. Federal Facilities Remediation - Virginia (10 USC § 2705)

      For CERCLA remedial action initiated by DoD in Virginia, the requirements are set forth at 10 USC § 2705. DoD is required to notify DEQ and the EPA, promptly, of the following conditions at Virginia DoD facilities: (1). threatened or actual releases of hazardous substances; (2). the extent of any threat to the public health or to the environment from such releases in #1; (3) DoD's proposals to carry out response actions for #1; and (4) the initiation of any such response actions in #3. DoD must ensure that EPA, DEQ, and local officials have an adequate opportunity to comment on notifications 1 through 4 above.

      When possible & practical , DoD is to establish a technical review committee (TRC) to review and comment of the DoD's actions and proposals with regard to releases of hazardous substances. At least one member each from EPA, DEQ, Local Government, and Community must be included on the TRC.

      As an alternative to a TRC, DoD may establish a restoration advisory board (RAB) to review and comment on DoD's remediation activities. A primary purpose of the RAB review structure is to offer the community greater input to the cleanup process (see www.epa.gov/fedfac/documents/rab.htm). The RAB supplements other DoD community involvement efforts related to CERCLA remediation, but does not replace them. At each facility, DoD advertises the initial RAB information meeting in the newspaper in the local community and in the DoD facility's newspaper. DoD also prepares a press release. The RAB has DoD and Community cochairs. All meetings are open to the public. The RAB is to reflect the mix of interests and concerns in the local community.

      EPA guidance (at the link above) also provides suggestions on the size, responsibilities, and membership representation on the RABs. The RABs regularly review and discuss the remediation-related plans and documents. Minutes of the RAB meetings are circulated to the public. The RAB and the public are generally allowed 30 days to review and comment on each document. The DoD facility prepares formal written responses to all such comments.

  6. Voluntary Remediation (9 VAC 20-160-120)

    Upon concurrence by the Division, and prior to receiving a VRP certificate, the participant shall provide public notice of the proposed or completed remediation in a newspaper of general circulation in accordance with 9 VAC 20-160-120.A. A comment period of 30 days is to be observed subsequent to the publication of each notice. The participant shall respond to commenters in accordance with 9 VAC 20-160-120.E. In addition, the Department must meet the public record reporting requirements in its Memorandum of Agreement with EPA.

  7. Brownfields (Virginia Code §§ 10.1-1230 through 1237)

    There are no public participation requirements in the Brownfields Act.

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