NEW SOURCE REVIEW (NSR) REFORM

What's New

On June 21, 2006, the State Air Pollution Control Board approved the final new source review reform regulations. A copy of our presentation is available here. The regulations were published in the Virginia Register on July 24, 2006, with an effective date of September 1, 2006. These regulations will be submitted to U.S. EPA as a revision to Virginia’s state implementation plan (SIP); any action EPA takes on this submittal will be published in the Federal Register.

Past Actions

The Notice of Intended Regulatory Action (NOIRA) was published on July 12, 2004. The NOIRA contains a general description of what we plan to do with the regulations, public participation information (including dates for a public meeting and 30-day comment period), and a solicitation for members of an ad hoc group that will assist us in amending the regulations. An agency background document is also included. An abbreviated form of the NOIRA was published in the Virginia Register on July 12, 2004.

An ad hoc group was established to assist the department in developing the regulation. An overview of how the ad hoc group process works can be found here. Meeting minutes are available on Town Hall.

The ad hoc advisory group completed its work and provided a final report to the State Air Pollution Control Board. Based on discussions with the ad hoc group, as well as additional research and in-house discussion, the department prepared a proposed regulation. The proposal was taken to the board on March 2, 2005, (our presentation is available here) and approved for release for public comment.

The public comment period commenced on July 11, 2005, when the proposal and notice of public comment were published in the Virginia Register. (This information is also posted on Town Hall, and was sent to those on our mailing list.) A public hearing was held on August 17, 2005. DEQ also accepted written comments through September 12, 2005. A summary of comments and responses is available here.

The proposed final regulations were approved by the State Air Pollution Control Board at their December 8, 2005, meeting. A copy of our presentation is available here. The board made a number of changes to the department’s proposal, including removal of demand growth provisions, and removing the requirement that the effective date be contingent upon EPA approval. The final regulations appeared in the Virginia Register on January 23, 2006, with an effective date of February 22, 2006.

Because of the substantive nature of the changes made by the State Air Pollution Control Board to the final regulations, the department received a number of petitions requesting reconsideration of the regulations. This process is covered by § 2.2-4007 K of the Administrative Process Act. On March 6, 2006, the Virginia Register published notice that the board reopened the regulation for public comment on those changes to the final regulation and suspended the effective date of the final regulation.

Further Reading

If you find a a web page or document that others may find valuable, please let us know and we will add a link.

Background documents

• Virginia's current regulations: Article 8 and Article 9 of 9 VAC 5 Chapter 80.
• EPA's final regulations.
• Versions of the federal regulations (40 CFR 51.165, 51.166, and 52.21) with changes indicated by strikethrough/underline.
• Tables comparing each section of the Virginia Chapter 80 regulations to each section of the EPA regulations: Article 8 to 40 CFR 51.166 and 52.21: Article 9 to 40 CFR 51.165.

Federal resources

• EPA's NSR page contains official federal regulations, fact sheets, background documentation, technical support documents, etc.
• EPA's Office of Air and Radiation Policy and Guidance technology transfer network has more detailed, technically-oriented information.
• The Federal Register is published daily. It has the official versions of proposed and final federal rules.
• Specific NSR regulations, administrative requirements such as public participation, and state plan approval status are all found in 40 CFR Parts 51 and 52 of the Code of Federal Regulations
• The federal Clean Air Act.

Virginia resources

• The Administrative Process Act governs the rulemaking process for all state agencies.
• The Virginia Register is published every other Monday. It has the official Virginia versions of proposed and final rules, as well as a meeting and hearing calendar. Keep an eye on the Register for important announcements.
• The Department of Planning and Budget's Regulatory Town Hall publishes meeting and hearing notifications, proposed and final rules, and useful background documentation. Sign up for free email updates!

Useful additional information

• If you are new to NSR, or need to bone up on how it works, EPA's 1990 NSR Workshop Manual is the best document for basic NSR concepts.
• Karen's Cheat Sheets® are brief summaries of the key concepts of the new NSR requirements:
• • applicability, including determining baseline emissions and determining emissions increases
  • plantwide applicability limits
  • pollution control projects
  • clean units

You may want to review these if you are new to NSR, or before diving into the details.

• Briefings, presentations, and meeting documents of general interest are posted here:
• • March 2003 State Air Director's meeting
  • January 2003 MARAMA workshop
  • November 2002 EPA presentation to the State Advisory Board
  • November 2003 State Advisory Board report
  • STAPPA/ALAPCO's menu of options
  • A recent Air and Waste Management Association article