Proposed Rule2025-21557
Air Plan Approval; Virginia; Repeal of Existing Stationary Source Regulations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 28, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision (Revision B23) submitted by the Commonwealth of Virginia. The revision seeks to remove two existing stationary sources regulations, emission standards for petroleum refinery operations and emissions standards for large appliance coating application systems, from Virginia's SIP as there are no longer any applicable sources in Virginia. This action is being taken under the Clean Air Act (CAA).
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 227 (Friday, November 28, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 227 (Friday, November 28, 2025)]
[Proposed Rules]
[Pages 54607-54609]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21557]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2025-0226; FRL-13007-01-R3]
Air Plan Approval; Virginia; Repeal of Existing Stationary Source
Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision (Revision B23)
submitted by the Commonwealth of Virginia. The revision seeks to remove
two existing stationary sources regulations, emission standards for
petroleum refinery operations and emissions standards for large
appliance coating application systems, from Virginia's SIP as there are
no longer any applicable sources in Virginia. This action is being
taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before December 29,
2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2025-0226 at <a href="http://www.regulations.gov">www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#93f4fce1f7fcfdbdfefaf8f6d3f6e3f2bdf4fce5"><span class="__cf_email__" data-cfemail="90f7ffe2f4fffebefdf9fbf5d0f5e0f1bef7ffe6">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit <a href="http://www.epa.gov/dockets/commenting-epa-dockets">www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Sarah McCabe, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1600 John F Kennedy
Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is
(215) 814-5786. Ms. McCabe can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#d8b5bbbbb9babdf6abb9aab9b098bda8b9f6bfb7ae"><span class="__cf_email__" data-cfemail="254846464447400b564457444d654055440b424a53">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On December 20, 2024, the Virginia
Department of Environmental Quality (VADEQ) submitted Revision B23 to
its SIP. The revision seeks to repeal Article 11, Emission Standards
for Petroleum Refinery Operations (9VAC5-40-1340 through 5-40-1510),
and Article 26, Emissions Standards for Large Appliance Coating
Application Systems (9VAC5-40-3560 through 5-40-3700) from existing
stationary source regulations in the Virginia SIP, as there are no
longer any facilities within the state subject to the regulations.
Virginia has already repealed the regulations from the Virginia
Administrative Code (VAC).
I. Background
The CAA mandates that the EPA set national ambient air quality
standards (NAAQS) for criteria pollutants, which are ozone and related
photochemical oxidants, carbon monoxide, lead, nitrogen oxides,
particulate matter, and sulfur oxides. The CAA also requires the EPA to
periodically review the relevant scientific information and the
standards and revise them, if appropriate, to ensure that the standards
provide the requisite protection for public health and the environment.
The CAA requires states to develop a general plan to attain and
maintain the standards in all areas of the country and a specific plan
to attain the standards for each area designated nonattainment.
In 1972, Virginia promulgated standards on emissions from Existing
Stationary Sources (9VAC5-40). The articles pertaining to this
rulemaking, Articles 11 and 26, establish regulations regarding
petroleum refineries and large appliance coating application systems,
respectively. Article 11 was promulgated in 1972 to control emissions
of criteria pollutants, such as particulate matter, sulfur dioxide, and
volatile organic compounds (VOCs) as well as hydrogen sulfide. Article
26 was also promulgated in 1972 to control emissions of VOCs. The EPA
adopted Article 11 and Article 26 into Virginia's SIP on April 21, 2000
(65 FR 21315).
[[Page 54608]]
Virginia state agencies are required to review regulations
periodically in order to determine whether they are still needed. A
public review of 9VAC5-40, including a review of the VADEQ's
Comprehensive Environmental Data System database, demonstrated that
there are no longer any facilities within the state subject to Article
11, Emission Standards for Petroleum Refinery Operations, or Article
26, Emissions Standards for Large Appliance Coating Application
Systems.
II. Summary of SIP Revision and EPA Analysis
On December 20, 2024, VADEQ submitted a SIP revision (Revision B23)
consisting of amendments to Virginia's regulations regarding existing
stationary sources (9VAC5-40). The revision proposes to repeal Article
11, Emission Standards for Petroleum Refinery Operations (9VAC5-40-1340
through 5-40-1510), and Article 26, Emissions Standards for Large
Appliance Coating Application Systems (9VAC5-40-3560 through 5-40-
3700), from the Virginia SIP because there are no remaining petroleum
refinery operations or large appliance coating application systems in
Virginia. Additionally, any future such facilities constructed in
Virginia would be subject to more stringent Federal and State
regulations, such as New Source Review, than Articles 11 and 26 in
9VAC5-40.
Section 110(l) of the CAA indicates that the EPA cannot approve a
SIP revision if the revision interferes with reasonable further
progress (RFP), any NAAQS, or any other CAA requirement. Therefore, the
EPA will approve a SIP revision that removes or modifies measures only
after the state has demonstrated noninterference with RFP, the NAAQS,
or any other CAA requirement. Virginia demonstrated noninterference
through a review of 9VAC5-40 and VADEQ's Comprehensive Environmental
Data System database, indicating that there are no longer any
facilities subject to the articles proposed for removal. Additionally,
the EPA confirmed that there are neither petroleum refineries nor large
appliance coating application systems remaining in Virginia through the
analysis of the most recently available emissions data.\1\ CAA section
110(l) also states that a revision to an implementation plan submitted
by a state shall be adopted by such state after reasonable notice and
public hearing. Revision B23 meets such public notice and public
hearing requirements through Virginia's certification of public
participation activities and compliance with state administrative
procedures document, which can be found in the docket of this
rulemaking.
---------------------------------------------------------------------------
\1\ 2020 National Emissions Inventory (NEI).
---------------------------------------------------------------------------
The removal of Articles 11 and 26 in 9VAC5-40 has no expected
emissions impact on any pollutant because there are no existing
affected facilities in Virginia and the removal of the regulations is
not expected to interfere with reasonable further progress, any NAAQS,
or any other CAA requirement. Therefore, the removal of Articles 11 and
26 in 9VAC5-40 from the Virginia SIP is in accordance with section
110(l) of the CAA.
The regulations were repealed by Virginia's State Air Pollution
Control Board on September 13, 2023. As the regulations have been
repealed, they may be removed from Virginia's SIP.
III. Proposed Action
The EPA is proposing to approve Revision B23, submitted on December
20, 2024 by VADEQ, as a revision to the Virginia SIP, because the
submission meets the requirements of CAA section 110. Revision B23
repeals Article 11, Emission Standards for Petroleum Refinery
Operations (9VAC5-40-1340 through 5-40-1510), and Article 26, Emissions
Standards for Large Appliance Coating Application Systems (9VAC5-40-
3560 through 5-40-3700) from the Virginia SIP. The EPA is soliciting
public comments on the issues discussed in this document. These
comments will be considered before taking final action.
IV. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia
In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information that: (1) are generated or developed
before the commencement of a voluntary environmental assessment; (2)
are prepared independently of the assessment process; (3) demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) are required by law.
On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts. . . .'' The opinion
concludes that ``[r]egarding Sec. 10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.''
Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
Therefore, the EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
the EPA has also determined that a state audit privilege and immunity
law can affect only state enforcement and cannot have any impact on
Federal enforcement authorities, the EPA may at any time invoke its
authority under the
[[Page 54609]]
CAA, including, for example, sections 113, 167, 205, 211 or 213, to
enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the CAA is likewise unaffected by
this, or any, state audit privilege or immunity law.
V. Incorporation by Reference
In this document, the EPA is proposing to include in a final EPA
rule regulatory text that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference amendments to Virginia Administrative Code
9VAC5-40 Existing Stationary Sources, repealing 9VAC5-40-1340 through
9VAC5-40-1510, and 9VAC5-40-3560 through 9VAC5-40-3700, as described in
section II of this document. The EPA has made, and will continue to
make, these materials generally available through <a href="http://www.regulations.gov">www.regulations.gov</a>
and at the EPA Region III Office (please contact the person identified
in the FOR FURTHER INFORMATION CONTACT section of this preamble for
more information).
VI. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866:
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian Tribe has
demonstrated that a Tribe has jurisdiction. In those areas of Indian
country, the rulemaking does not have Tribal implications and will not
impose substantial direct costs on Tribal governments or preempt Tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Particulate matter, Sulfur dioxide, Volatile organic
compounds.
Amy Van Blarcom-Lackey,
Regional Administrator, Region III.
[FR Doc. 2025-21557 Filed 11-26-25; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 28, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.