Virginia Regulatory Town Hall
Agency
Department of Environmental Quality
Board
Air Pollution Control Board
chapter
General Provisions [9 VAC 5 ‑ 20]
Action is Exempt from Article 2 of the Administrative Process Act
Action:
Federal Documents Incorporated by Reference (Rev. D25)
Action 6948
 
General Information
Action Summary The regulation amendments update state regulations that incorporate by reference certain federal regulations to reflect the Code of Federal Regulations as published on July 1, 2025. The purpose of the proposed action is to amend the regulations to incorporate newly promulgated and amended federal New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAP), and national emission standards for hazardous air pollutants for source categories (Maximum Achievable Control Technology, or MACT), Rules 5-5, 6-1, and 6-2, respectively, of the Board’s regulations. The Board needs to incorporate newly promulgated and amended NSPS, NESHAP, and MACT standards in order for the department to obtain authority from the U.S. Environmental Protection Agency (EPA) to enforce these standards. If the Board does not do so, authority to enforce the standards remains with the federal government. Further, the standards reflect the most current technical research on the subjects addressed by the standards. To continue to follow the old standards would mean relying on inaccurate and outdated information. To this end, the date of the Code of Federal Regulation books referenced in the regulation is being updated. In addition to updating the date of the Code of Federal Regulations books being incorporated by reference, one new NSPS is being added, and a number of administrative updates are being made.
Chapters Affected
  VAC Chapter Name Action Type
Primary 9 VAC 5-20 General Provisions Amend Existing Regulation
Other chapters
  9 VAC 5 - 50 New and Modified Stationary Sources Amend Existing Regulation
  9 VAC 5 - 60 Hazardous Air Pollutant Sources 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  [8487]
New Periodic Review This action will not be used to conduct a new periodic review.
 
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Contact Information
Name / Title: Julia Wack  / Environmental Specialist I
Address: 1111 E. Main Street
Suite 1400
Richmond, VA 23219
Email Address: Julia.N.Wack@deq.virginia.gov
Phone: (804)432-3581    FAX: ()-    TDD: ()-