Action:
Amend existing regulations regarding the use of emergency generators at certain military installations (Rev. B25)
Action 6773
General Information
| Action Summary |
Chapter 344 of the 2025 Virginia Acts of Assembly (SB 1407) requires that 9VAC5-80 (Permits for Stationary Sources) and 9VAC5-540 (General Permit for Emergency Generators) shall allow any affected emergency generator to operate up to 50 hours per year for nonemergency purposes, including planned outages and switch gear and related electrical system testing, so as to be consistent with the U.S. Environmental Protection Agency's National Emissions Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines pursuant to 40 CFR Part 63 Subpart ZZZZ and New Source Performance Standards pursuant to 40 CFR Part 60 Subparts IIII and JJJJ. An affected emergency generator is any emergency generator, whether or not located on a military installation as defined in § 15.2-2201 of the Code of Virginia, that has been certified to the Department of Environmental Quality (DEQ) by the U.S. Department of Defense or relevant branch of the United State Armed Forces as mission-critical and essential to the defense of the United States.
Chapter 344 further requires that the provisions of this act shall be incorporated into 9VAC5-80 and 9VAC5-540 by the DEQ, which shall promulgate regulations to implement the provisions of this act without further action by the State Air Pollution Control Board. Such incorporation and promulgation by DEQ shall be exempt from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) and shall become effective upon submission for publication in the Virginia Register of Regulations. Finally, Chapter 344 provides that an emergency exists and this act is in force from its passage.
|
| Chapters Affected |
| |
VAC |
Chapter Name |
Action Type |
| Primary |
9 VAC 5-80 |
Permits for Stationary Sources |
Amend Existing Regulation
|
| Other chapters |
| |
9 VAC 5 - 540 |
Emergency Energy Generator General Permit |
Amend Existing Regulation
|
|
| Executive Branch Review |
This Action is exempt from Article 2 of the Administrative Process Act, but falls within the Executive Branch and
will be reviewed by the Governor's Office.
|
| RIS Project |
Yes [8258] |
| Associated Mandates |
Use of emergency generators at certain military installations
|
| New Periodic Review |
This action will not be used to conduct a new periodic review.
|
Stages
Stages associated with this regulatory action.
| Stage ID |
Stage Type |
Status |
|
10796
|
Final
|
Governor's office review in progress. |
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
|
|
Phone:
|
(804)659-1973
FAX: ()-
TDD: ()-
|
This person is the primary contact for this chapter.
