Air Plan Approval; Commonwealth of Virginia; Transfer of Authority and Requests for Certain Public Hearings on Air Permits
Key claim: EPA proposes to approve Virginia’s plan shifting air-permit, order, and variance authority from the State Air Pollution Control Board to the Department of Environmental Quality and setting public-comment procedures for controversial permits.
Abstract
(Proposed Rule · Environmental Protection Agency) The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision request submitted by Virginia Department of Environmental Quality (VADEQ) on behalf of the Commonwealth of Virginia. The SIP revisions intend to make some sections of Virginia regulation Revision D22 that became effective on November 23, 2022 federally enforceable. The revisions limit the authority of the Virginia State Air Pollution Control Board (Board) to the issuance of regulations, and transfer the board’s existing authority to issue permits, orders, and variances to VADEQ. Additionally, the revisions establish procedures for public comment on pending controversial permits and regulatory changes, and amend certain other procedural requirements related to VADEQ’s issuance of permits. This action is being taken under the Clean Air Act (CAA).
Why this matters
State air-permit programs are the workhorse of Clean Air Act implementation, and who issues permits — plus how the public can trigger hearings on controversial ones — shapes both permitting timelines and community input on emitting facilities. EPA’s proposed approval formally recognizes Virginia’s shift of permit authority to DEQ, aligning the federally enforceable SIP with the state’s current administrative structure without changing underlying emission limits.