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
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 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:
Phone: (804)659-1973    FAX: ()-    TDD: ()-

This person is the primary contact for this chapter.