Action:
Amend federal operating (Title V) permit regulations to remove an impermissible affirmative defense (Rev. E16)
Action 4647
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.
|
| 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 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)659-1973
FAX: ()-
TDD: ()-
|
This person is the primary contact for this chapter.
