Virginia Regulatory Town Hall
Department of Environmental Quality
Air Pollution Control Board
General Provisions [9 VAC 5 ‑ 20]
Action is Exempt from Article 2 of the Administrative Process Act
Remove an impermissible affirmative defense from the malfunction provisions of General Provisions in accordance with federal requirements (Revision B16)
Action 4532
General Information
Action Summary On June 12, 2015 (80 FR 33840), the U.S. Environmental Protection Agency (EPA) issued a final State Implementation Plan (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 has held that such provisions are illegal, and state plans must be amended accordingly. Essentially, EPA finds that 9VAC5-20-180 G as currently drafted creates an impermissible affirmative defense for violations of emission limits, and therefore 9VAC5-20-180 G must now be amended accordingly.
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  [004598]
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
7498 Final Stage complete. This regulation became effective on 06/01/2016.
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.