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EPA Proposes to Approve Virginia Air Permit Authority Transfer to VADEQ

EPA is proposing to incorporate Virginia's Revision D22 into the state's federally enforceable air implementation plan, shifting permit-issuance authority from the State Air Pollution Control Board to VADEQ.

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What the action does

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the Virginia Department of Environmental Quality (VADEQ) on behalf of the Commonwealth of Virginia. The proposed rule, published August 13, 2026, would make portions of Virginia regulation Revision D22 — which became effective on November 23, 2022 — federally enforceable under 40 CFR Part 52 and the Clean Air Act (CAA).

The core change the revision accomplishes is limiting the authority of the Virginia State Air Pollution Control Board (Board) to the issuance of regulations only, and transferring the Board's existing authority to issue permits, orders, and variances to VADEQ. To effectuate this transfer, the revision changed "the Board" to "the Department" throughout State regulations codified in 9VAC5 Chapters 10, 80, 85, and 170, and redefined "Board" in section 9VAC5-10-20. The revision also establishes procedures for public comment on pending controversial permits and regulatory changes, and amends certain other procedural requirements related to VADEQ's issuance of permits.

Background and procedural history

Section 110(a)(2)(C) of the CAA requires SIPs to include a preconstruction permit program for both major and minor sources. Virginia operates several SIP-approved permit programs under 9VAC5-80, including a state operating permit program (Article 5), a minor New Source Review (NSR) permit program (Article 6), a prevention of significant deterioration (PSD) permit program (Article 8), and a Nonattainment Area New Source Review (NNSR) permit program (Article 9). The document notes that EPA approved these programs into Virginia's SIP to assure that national ambient air quality standards (NAAQS) are achieved and maintained in Virginia, with prior approvals published on June 27, 2003 (68 FR 38191), August 22, 2016 (81 FR 56508), and August 28, 2017 (82 FR 40703).

The path to this proposed rule involved a prior withdrawal and resubmittal. VADEQ first submitted SIP Revision D22 to EPA on July 10, 2023. EPA's review identified discrepancies between the initial Revision D22 submittal and what had previously been approved into the Virginia SIP — a situation the document attributes to the fact that Virginia had made several State regulatory amendments to its prior SIP-approved permit program regulations that had not yet been approved by EPA into the SIP. VADEQ subsequently withdrew the original Revision D22 submittal on December 10, 2024. After reconciling the discrepancies between Virginia State regulation Revisions G08 and D22 and the EPA-approved SIP, VADEQ resubmitted Revision D22 to EPA on July 1, 2025.

Substantive changes and permit program sections affected

Beyond the broad transfer of authority, the revision makes substantive changes to sections related to permit actions and public participation across multiple permit programs. These include sections in Article 5 (State operating permits, section 9VAC5-80-860), Article 6 (minor NSR permits, section 9VAC5-80-1160), Article 8 (major stationary sources in PSD areas, sections 9VAC5-80-1773 and 9VAC5-80-1775), and Article 9 (major stationary sources in nonattainment areas or the Ozone Transport Region, sections 9VAC5-80-2060 and 9VAC5-80-2070).

The revision also removes section 9VAC5-80-1040 (Review and Evaluation of Article) from the SIP, as it was repealed in State regulations; the document notes it contained requirements that expired in 2001. Additionally, VADEQ's July 1, 2025 submittal requests that EPA add sections 9VAC5-80-1255 and 9VAC5-80-1773 to the Virginia SIP. Section 9VAC5-80-1255 (Actions to Combine Permit Terms and Conditions) was submitted as part of Virginia State regulations Revision H05 and was approved by EPA on August 22, 2016 (81 FR 56508), but was omitted in error from the Federal Register publication and therefore does not appear in the EPA-approved Virginia SIP. With this submittal, VADEQ requests that EPA correct that omission.

What to watch

Written comments on the proposed rule must be received on or before September 14, 2026.

Related

Sources

18 cited

Every hard fact above is grounded in and cited to a primary source record.

  1. EPA is proposing to approve a SIP revision submitted by VADEQ on behalf of the Commonwealth of Virginia.

    federalregister.gov

  2. Virginia regulation Revision D22 became effective on November 23, 2022.

    federalregister.gov

  3. The proposed rule is published under 40 CFR Part 52 and the Clean Air Act (CAA).

    federalregister.gov

  4. The revision limits the authority of the Virginia State Air Pollution Control Board to the issuance of regulations only.

    federalregister.gov

  5. The revision transfers the Board's existing authority to issue permits, orders, and variances to VADEQ.

    federalregister.gov

  6. The revision changed 'the Board' to 'the Department' throughout State regulations codified in 9VAC5 Chapters 10, 80, 85, and 170.

    federalregister.gov

  7. The revision redefined 'Board' in section 9VAC5-10-20.

    federalregister.gov

  8. The revision establishes procedures for public comment on pending controversial permits and regulatory changes.

    federalregister.gov

  9. Section 110(a)(2)(C) of the CAA requires SIPs to include a preconstruction permit program for both major and minor sources.

    federalregister.gov

  10. Virginia's permit programs under 9VAC5-80 include a state operating permit program (Article 5), a minor NSR permit program (Article 6), a PSD permit program (Article 8), and an NNSR permit program (Article 9).

    federalregister.gov

  11. Prior EPA approvals of Virginia's permit programs into its SIP were published on June 27, 2003 (68 FR 38191), August 22, 2016 (81 FR 56508), and August 28, 2017 (82 FR 40703).

    federalregister.gov

  12. VADEQ first submitted SIP Revision D22 to EPA on July 10, 2023.

    federalregister.gov

  13. VADEQ withdrew the original Revision D22 submittal on December 10, 2024.

    federalregister.gov

  14. VADEQ resubmitted Revision D22 to EPA on July 1, 2025.

    federalregister.gov

  15. Substantive changes in the revision include sections 9VAC5-80-860 (Article 5), 9VAC5-80-1160 (Article 6), 9VAC5-80-1773 and 9VAC5-80-1775 (Article 8), and 9VAC5-80-2060 and 9VAC5-80-2070 (Article 9).

    federalregister.gov

  16. The revision removes section 9VAC5-80-1040 (Review and Evaluation of Article) from the SIP, as it was repealed in State regulations and contained requirements that expired in 2001.

    federalregister.gov

  17. Section 9VAC5-80-1255 (Actions to Combine Permit Terms and Conditions) was approved by EPA on August 22, 2016 (81 FR 56508) but was omitted in error from the Federal Register publication.

    federalregister.gov

  18. Written comments on the proposed rule must be received on or before September 14, 2026.

    federalregister.gov

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