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
Technical Documents Incorporated by Reference, amend reference to 40 CFR Part 55 (Revision E19)
Action 5459
General Information
Action Summary Code of Virginia § 10.1-1307.03, Requirements applicable to Outer Continental Shelf sources, requires that the board adopt regulations to implement and enforce the requirements of § 328 of the federal Clean Air Act relating to requirements to control air pollution from Outer Continental Shelf (OCS) sources located offshore of the Commonwealth. The regulations may not differ materially from the regulations promulgated by the U.S. Environmental Protection Agency (EPA) in implementing § 328 of the Clean Air Act (40 CFR Part 55). Accordingly, 9VAC5-20-21 (Documents Incorporated by Reference) was amended to add 40 CFR Part 55. Subsequently, EPA informed the department that three specific sections of 40 CFR Part 55 were not delegable to the states--§ 55.5 (Corresponding onshore area designation), § 55.11 (Delegation), and § 55.12 (Consistency Updates)--because, as stated in 40 CFR 55.11(a), the authority to implement and enforce those provisions will not be delegated by EPA. This regulatory action clarifies that those provisions are not incorporated. The department is requesting approval of draft final regulation amendments that meet federal statutory and regulatory requirements. Approval of the amendments will ensure that the Commonwealth will be able to meet its obligations under the federal Clean Air Act.
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 B of the Administrative Process Act
RIS Project Yes  [006223]
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
8865 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.