Administrative Code

Virginia Administrative Code
6/13/2024

Part IV. Department of Environmental Quality and General Public Review and Comment Procedures

9VAC15-20-150. Department of Environmental Quality notification by the Department of Energy.

Upon receiving a permit application to drill an oil or gas well in Tidewater Virginia, the Director of the Department of Energy shall notify the Director of the Department of Environmental Quality that a coordinated review of an environmental impact assessment must be initiated. The applicant shall provide the Department of Energy with 17 copies of the environmental impact assessment and the Department of Energy will deliver the copies to the Director of the Department of Environmental Quality. The 90-day review process will begin upon receipt of the appropriate number of copies of the environmental impact assessment by the Director of the Department of Environmental Quality.

Statutory Authority

§ 45.2-1646 of the Code of Virginia.

Historical Notes

Derived from VR304-02-01 § 4.1, eff. November 3, 1993; amended, Virginia Register Volume 38, Issue 8, eff. January 5, 2022.

9VAC15-20-160. Initiation of assessment review by state and local agencies and by the general public.

A. The Department of Environmental Quality shall prepare and submit a general notice for publication in the Virginia Register within three days of the receipt of an environmental impact assessment. The availability of an assessment shall be given public notice, paid for by the applicant, by publication in a newspaper having a general circulation in the locality where drilling is proposed. The Department of Environmental Quality shall also develop a mailing list containing the names of persons who indicate they want to be notified about the availability of oil or gas environmental impact assessment documents and will forward a copy of the general notice submitted for publication in the Virginia Register to those persons on the mailing list.

B. The general notice will contain the following information:

1. The proposed location of the operation including the name of the locality and other general descriptive information regarding the location of the proposed operation;

2. A general description of the proposed operation;

3. The deadline for the general public to submit written comments, which shall not be less than 30 calendar days after publication of the notice;

4. A designated location where the environmental impact assessment can be reviewed;

5. A contact person from whom additional information can be obtained on the environmental impact assessment; and

6. An address for mailing comments on an assessment to the Department of Environmental Quality.

C. The Department of Environmental Quality shall submit copies of the environmental impact assessment to the chief executive officer of the affected local government, to the executive director of the affected Planning District Commission, and to other state or local agencies requesting a copy of the assessment. State agency comments shall be returned to the Department of Environmental Quality as soon as possible but no later than 50 calendar days after receiving a copy of an assessment from the Department of Environmental Quality.

D. The Department of Environmental Quality may hold a public information hearing on an impact assessment. Such a public hearing, if any, shall be held during the public comment period in the locality in which the operation is proposed. Notice of such a hearing, including the date, time, and location of the meeting, will be announced in a general notice published in the Virginia Register and in a notice mailed, by electronic or postal delivery, to persons on the mailing list.

Statutory Authority

§ 45.2-1646 of the Code of Virginia.

Historical Notes

Derived from VR304-02-01 § 4.2, eff. November 3, 1993; amended, Virginia Register Volume 29, Issue 23, eff. August 14, 2013.

9VAC15-20-170. Review of comments.

The Director of the Department of Environmental Quality shall review all written state agency, local government, planning district commission, and public comments and any written or oral comments received during any public hearing. Based on the review by the Director of the Department of Environmental Quality of written comments, oral and written comments received at public hearings, and the environmental impact assessment, the Director of the Department of Environmental Quality will prepare and submit a written report of its findings and recommendations to the Director of the Department of Energy. The findings and recommendations of the Director of the Department of Environmental Quality on an assessment will be available for public inspection at the offices of the Department of Environmental Quality.

Statutory Authority

§ 45.2-1646 of the Code of Virginia.

Historical Notes

Derived from VR304-02-01 § 4.3, eff. November 3, 1993; amended, Virginia Register Volume 38, Issue 8, eff. January 5, 2022.

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