Virginia Regulatory Town Hall
Department of Environmental Quality
Air Pollution Control Board
Permits for Stationary Sources [9 VAC 5 ‑ 80]
Action is Exempt from Article 2 of the Administrative Process Act
Major New Source Review, PM 2.5 (Rev. A14)
Action 4164
General Information
Action Summary On October 20, 2010 (75 FR 64864), the U.S. Environmental Protection Agency (EPA) published a final rule establishing Prevention of Significant Deterioration (PSD) new source review (NSR) provisions to implement significant impact levels (SILs) and a significant monitoring concentration (SMC) for particulate matter less than 2.5 micrometers (PM2.5). SILs are screening tools that are applied in PSD permitting to demonstrate that the proposed source's allowable emissions will not cause or contribute to a violation of the national ambient air quality standards (NAAQS) or increment. The SMC was used to exempt sources from a requirement to collect preconstruction monitoring data for up to 1 year before submitting a permit application in order to help determine existing ambient air quality. On January 22, 2013, the United States Court of Appeals for the District of Columbia Circuit granted a request from the EPA to vacate and remand to EPA portions of the PSD regulations establishing the SILs for PM2.5 so that the EPA could reconcile the inconsistency between the regulatory text and certain statements in the preamble to the 2010 final rule. The court further vacated the portions of the PSD regulations establishing a PM2.5 SMC, finding that the EPA lacked legal authority to adopt and use the PM2.5 SMC to exempt permit applicants from the statutory requirement to compile and submit ambient monitoring data. EPA modified its regulations accordingly on December 9, 2013 (78 FR 73698). In Virginia, where the state administers the NSR program under an approved state implementation plan (SIP), the state must adopt and submit revisions to the SIP to reflect the rule revisions. The revised SIP should be the same as or equivalent to the revised federal program.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: 2.2-4006 A 4 c of the Code of Virginia
RIS Project Yes  [003965]
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
6927 Final Stage complete. This regulation became effective on 06/04/2014.
Contact Information
Name / Title: Karen G. Sabasteanski 
Address: 1111 East Main Street, Suite 1400
P.O. Box 1105
Richmond, VA 23218
Email Address:
Phone: (804)659-1973    FAX: ()-    TDD: ()-

This person is the primary contact for this chapter.