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
Nonattainment New Source Review (Revision B19)
Action 5456
General Information
Action Summary On December 6, 2018 (83 FR 62998), the U.S. Environmental Protection Agency (EPA) finalized nonattainment area and ozone transport region (OTR) implementation requirements for the 2015 ozone National Ambient Air Quality Standards (NAAQS) that were promulgated on October 1, 2015. This rule included amendments to new source review (NSR) permitting requirements for ozone nonattainment areas found in 40 CFR 51.165. These amendments enable a permitting agency to allow offset requirements for emissions of nitrogen oxides (NOX) and volatile organic compounds (VOC) to be met by offsetting reductions in actual emissions of either of those precursors as established by a case-specific permit ratio for ozone. Virginia administers the nonattainment NSR program through Article 9 of 9VAC5-80 (Permits for Stationary Sources), which should be the same as or equivalent to the revised federal program, and must be amended accordingly. A correction to the definition of "significant" is also being made at this time. Default program requirements to address VOC as a PM2.5 precursor as put forth in EPA's August 24, 2016 (81 FR 58010) final implementation rule for the 2012 NAAQS for very fine particulate matter (PM2.5) are not appropriate nor provide any benefit to Virginia's NSR program. EPA has clarified, and the department agrees, that an emissions rate for VOC as a PM2.5 precursor is not as protective, transparent, quantifiable, or reliable as the original emissions rate for NOX, particularly given the predominance of NOX compared to VOC in the nonattainment area. The department therefore wishes to replace those provisions with the original text, which will better enable the department to ensure that PM2.5 emissions are properly controlled in the context of federal mandates.
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 3 and 4 c of the Administrative Process Act
RIS Project Yes  [006031]
Is Federal action a driving factor in this regulatory change? If so, please provide a specific reference to the law, regulation or court case.
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
8862 Final Stage complete. This regulation became effective on 03/04/2020.
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.