Agencies | Governor
Virginia Regulatory Town Hall
Agency
Department of Environmental Quality
Board
Air Pollution Control Board
chapter
Permits for Stationary Sources [9 VAC 5 ‑ 80]
This action is exempt from the executive branch review process.
Action:
Amend federal operating (Title V) permit regulations to remove an impermissible affirmative defense (Rev. E16)
 
General Information
Action Summary On June 12, 2015 (80 FR 33840), the U.S. Environmental Protection Agency (EPA) issued a final SIP call concerning treatment of excess emissions in state rules by sources during periods of startup, shutdown or malfunction (SSM), including Virginia's SSM rules at 9VAC5-20-180 G. The U.S. Court of Appeals for the District of Columbia Circuit (NRDC v. EPA, No. 10-1371) held that such provisions are illegal, and state plans must be amended accordingly. Essentially, EPA found that 9VAC5-20-180 G created an impermissible affirmative defense for violations of emission limits, and that provision was amended accordingly. EPA's Title V operating permit program at 40 CFR Part 70 contains affirmative defense provisions which EPA is now proposing to remove (June 3, 2016). Virginia's operating permit regulations (Articles 1 and 3 of 9VAC5-80), which are based on 40 CFR Part 70, also contain an affirmative defense for malfunctions that must now also be removed. A number of minor administrative amendments are also being made in order to be more consistent with 9VAC5-20-180.
Chapters Affected Only affects this chapter.
Exempt from APA Yes, this action is exempt from Article II of the APA and executive branch review.
Exempt Citation: 2.2-4006 A 4 b of the Code of Virginia
RIS Project Yes  [004804]
New Periodic Review This action will not be used to conduct a new periodic review.
 
Stages
Stages associated with this regulatory action.
Stage ID Stage Type Status
7681 Final Stage complete. This regulation became effective on 11/16/2016.
 
Contact Information
Name / Title: Karen G. Sabasteanski 
Address: 1111 East Main Street, Suite 1400
P.O. Box 1105
Richmond, VA 23218
Email Address: karen.sabasteanski@deq.virginia.gov
Phone: (804)698-4426    FAX: (804)698-4510    TDD: ()-

This person is the primary contact for this chapter.