Virginia Shifts Air Permit Power: EPA Says Okay
Published Date: 8/13/2026
Proposed Rule
Summary
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).
Analyzed Economic Effects
4 provisions identified: 3 benefits, 0 costs, 1 mixed.
Permit Authority Moves to VADEQ
If you apply for an air permit in Virginia, the State Air Pollution Control Board’s authority to issue permits, orders, and variances is being limited and that authority is transferred to the Virginia Department of Environmental Quality (VADEQ). This change is part of Virginia’s Revision D22 (effective November 23, 2022) and was submitted to EPA on July 1, 2025; EPA published a proposed approval on August 13, 2026.
Specific Permit Rules Added to SIP
EPA is being asked to incorporate Virginia sections 9VAC5-80-1255 (Actions to Combine Permit Terms and Conditions) and 9VAC5-80-1773 (Action on permit for PSD program, as amended by Revision D22) into the federally enforceable Virginia SIP. VADEQ submitted this request on July 1, 2025; section 9VAC5-80-1255 was omitted from an earlier Federal Register publication and is being corrected.
New Public Comment Procedures for Controversial Permits
Virginia’s revision establishes procedures for public comment on pending controversial permits and regulatory changes. EPA is proposing to approve these SIP changes (VADEQ submission dated July 1, 2025) and is accepting written comments on the proposed EPA action through September 14, 2026.
Federal Enforcement and Citizen Suits Preserved
EPA states that Virginia’s voluntary audit privilege and immunity statutes will not preclude Federal enforcement of the SIP and that EPA may invoke CAA enforcement authorities at any time; citizen enforcement under CAA section 304 is likewise unaffected.
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