Rule2026-10745
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
May 29, 2026
Effective
June 29, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision (Revision B23) submitted by the Commonwealth of Virginia. The revision removes 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. The EPA is approving these revisions to the Virginia SIP in accordance with the requirements of the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 91 Issue 103 (Friday, May 29, 2026)</title>
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[Federal Register Volume 91, Number 103 (Friday, May 29, 2026)]
[Rules and Regulations]
[Pages 31922-31925]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10745]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2025-0226; FRL-13007-02-R3]
Air Plan Approval; Virginia; Repeal of Existing Stationary Source
Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision (Revision B23) submitted by the
Commonwealth of Virginia. The revision removes 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. The EPA is approving these revisions to
the Virginia SIP in accordance with the requirements of the Clean Air
Act (CAA).
DATES: This final rule is effective on June 29, 2026.
[[Page 31923]]
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R03-OAR-2025-0226. All documents in the docket are
listed on the <a href="http://www.regulations.gov">www.regulations.gov</a> website. Although listed in the
index, some information is not publicly available, e.g., confidential
business information (CBI) or other information the disclosure of which
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available through <a href="http://www.regulations.gov">www.regulations.gov</a>, or please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section for
additional availability information.
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#83eee0e0e2e1e6adf0e2f1e2ebc3e6f3e2ade4ecf5"><span class="__cf_email__" data-cfemail="e68b8585878483c8958794878ea6839687c8818990">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On November 28, 2025 (90 FR 54607), the EPA published a notice of
proposed rulemaking (NPRM) for the Commonwealth of Virginia. In the
NPRM, the EPA proposed 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.
Revision B23 was published in the Virginia Register of Regulations on
February 26, 2024, and became effective on April 11, 2024. The formal
SIP revision was submitted by Virginia through the Virginia Department
of Environmental Quality (VADEQ) on December 20, 2024. For additional
background information on this action, please refer to the NPRM.
II. Summary of SIP Revision and EPA Analysis
In this action, the EPA is approving the repeal of 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. As more fully described in the NPRM and section III in this
preamble, the repeal of these articles is in accordance with CAA
section 110(l).
The rationale for the EPA's now final action is explained in the
NPRM and will not be restated here. A summary of the comments received,
as well as the EPA's response, are in section III of this preamble.
III. EPA's Response to Comments Received
The EPA's November 28, 2025 NPRM (90 FR 54607) opened a comment
period which closed on December 29, 2025. The EPA received comments
from one commenter. All comments received have been placed in the
docket for this action.
A summary of the relevant comments and the EPA's response thereto
are listed below.
Comment 1: The commenter asks the EPA to deny approval of the
repeal of Articles 11 and 26 in 9VAC5-40, or at minimum require
Virginia to provide a complete technical support package, including
transparent assumptions, sensitivity runs, and an enforceability
analysis that is specific enough to demonstrate CAA section 110(l)
noninterference.
Response 1: The EPA disagrees with the commenter that further
analysis of CAA section 110(l) is necessary in this instance. The EPA
acknowledges the importance of a CAA section 110(l) noninterference
demonstration. As stated in section II of the NPRM, the removal of
Articles 11 and 26 in 9VAC5-40 from the Virginia SIP is in accordance
with section 110(l) of the CAA. 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\ Moreover,
Virginia's Existing Stationary Source Regulations only apply to
stationary sources constructed, modified, or relocated before March 17,
1972, and stationary sources reconstructed before December 10, 1976. As
there are no petroleum refinery operations or large appliance coating
application systems remaining in Virginia, the repeal of Articles 11
and 26 in 9VAC5-40 will have no impact on RFP, the NAAQS, or any other
CAA requirement. Any future facilities would need to assess
applicability to Federal and State regulations, such as New Source
Review and 9VAC5-50 New and Modified Stationary Sources.
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\1\ 2020 National Emissions Inventory (NEI).
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Comment 2: The EPA must evaluate the environmental justice
implications of the repeal of Articles 11 and 26 in 9VAC5-40.
Response 2: This action is consistent with Executive Order 14173 of
January 21, 2025 (Ending Illegal Discrimination and Restoring Merit-
Based Opportunity) which rescinded Executive Order 12898 on
environmental justice, and Executive Order 14148 of January 20, 2025
(Initial Rescissions of Harmful Executive Orders and Actions) which
rescinded Executive Order 14096 ``Revitalizing Our Nation's Commitment
to Environmental Justice for All''.
IV. Final Action
The EPA is approving 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.
V. 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
[[Page 31924]]
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 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.
VI. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is removing the incorporation by reference of the
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 discussed in sections II and III of this
preamble. 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).
VII. 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 an Executive Order 14192 (90 FR 9065, February 6,
2025) regulatory action because this action is not significant 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 the EPA or an Indian Tribe
has demonstrated that a Tribe has jurisdiction. In those areas of
Indian country, the rule 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).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 28, 2026. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
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.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:
[[Page 31925]]
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart VV--Virginia
Sec. 52.2420 [Amended]
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2. In Sec. 52.2420, the table in paragraph (c) is amended by:
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a. Removing the table heading ``Article 11 Emission Standards for
Petroleum Refinery Operations (Rule 4-11)'' and the entries ``5-40-
1340'' through ``5-40-1510''; and
0
b. Removing the table heading ``Article 26 Emission Standards for Large
Coating Application Systems (Rule 4-26)'' and the entries ``5-40-3560''
through ``5-40-3700.''
[FR Doc. 2026-10745 Filed 5-28-26; 8:45 am]
BILLING CODE 6560-50-P
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