Regulatory Alert - April 2021 Changes for Virginia DEQ

Regulatory Alert

Aegis extends this brief summary of a recent change with how the Virginia DEQ is processing permits for Title V sources: 

The Virginia DEQ has recently begun processing Article 6 permits for new and modified “state major” sources (sources with a PTE greater than 100 TPY for any Article 6 regulated pollutant) in a different manner than in years past.  Under their new guidance, a state major permit has to be issued for (1) new major stationary sources (for those with post-permit PTE over 100 tpy for any Article 6 regulated pollutant) not subject to Articles 8 or 9 (major NSR) and for (2) major modifications, where the application is for a project at an existing state major source and the project increase is above the significance amounts below, and the project is not subject to permitting under Articles 8 or 9 (major NSR) for that pollutant.

Significance Levels:

The main implications of this change are that such a project would now have the following requirements that it would not have had under a minor NSR Article 6 permit, followed by subsequent Title V modification (the way DEQ used to process this):

• The 2021 Permit Fee for a State Major Permit is $28,347 (versus the $5,669 fee for an Article 6 mNSR permit application)
• A Local Governing Body Certification form will be required, even for existing sources undertaking a state major modification.
• There are public participation requirements, including public notice, public comment period of at least 30 days, a public hearing, and an additional 15-day comment period.
• The facility could be required to model for NAAQS compliance.

This change will not affect every Title V source, or every project at a Title V source, but will have a very substantial impact on those it does.  For more information, please contact Jessica Gunter jgunter@aegisenv.com or Chris Lampel clampel@aegisenv.com.