Virginia Regulatory Town Hall
Agency
Department of Environmental Quality
Board
Air Pollution Control Board
 
chapter
Permits for Stationary Sources of Pollutants Subject to Regulation [9 VAC 5 ‑ 85]
Guidance Documents
Chapter Information
Description The purpose of the chapter is to enable permitting of GHGs for appropriate sources; this is accomplished by raising the permitting thresholds for GHGs from 100/250 tons per year (tpy) to 100,000 tpy for new prevention of significant deterioration (PSD) sources and federal operating permit (Title V) sources, and 75,000 tpy for modifications. The regulations affect the PSD NSR regulations in 40 CFR 51.166 by adding a definition of "subject to regulation," which includes the new thresholds, and revising the definition of "regulated NSR permit." Because Virginia is a "SIP-approved" state for PSD--that is, it has the authority to directly implement federal PSD regulations as long as its rules are at least as protective as the federal--the corresponding Virginia regulation must be revised accordingly when a final federal rule is promulgated. The regulation also affects the federal operating permit (Title V) regulations in 40 CFR Part 70 by adding a definition of "subject to regulation," which includes the new thresholds, and revising the definition of "major source." Virginia's federal operating permit regulations are federally approved, and must be revised to be at least as protective as the federal.
State Authority None entered
Federal Authority None entered
Exempt from APA No, changes to this chapter are subject to the Administrative Process Act.
Text of Regulation Link to Virginia Administrative Code
Goals of Regulation Enable permitting of GHGs for appropriate sources; this is accomplished by raising the permitting thresholds for GHGs from 100/250 tons per year (tpy) to 100,000 tpy for new prevention of significant deterioration (PSD) sources and federal operating permit (Title V) sources, and 75,000 tpy for modifications.
Meetings

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
Telephone: (804)659-1973    FAX: ()-    TDD: ()-
Current Actions
Action Title Latest Stage Status
None

Past Actions
Action Title Latest Stage Status
Revise regulations to implement new requirements for transfer of authority and requests for certain public hearings (Revision D22)
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 11/23/2022.
Permits for Stationary Sources of Pollutants Subject to Regulation - GHG PALs (Rev. H12) Fast-Track Stage complete. This regulation became effective on 03/13/2014.
Permits for Stationary Sources of Pollutants Subject to Regulation (Revision E11)
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 11/09/2011.
Permits for Stationary Sources of Pollutants Subject to Regulation (Revision C10)
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 01/02/2011.

Periodic Reviews
Last Activity Status
10/6/2020 Agency Completed Retain As Is