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Board adopts CFR update, NSPS for storage vessels and MACT citation revisions
Summary
DEQ recommended and the board adopted updates to federal Code of Federal Regulations references to 07/01/2025, added an NSPS for volatile organic liquid storage vessels (subpart KC) and revised MACT citation language; the changes give DEQ enforcement authority previously held by EPA for the affected standards.
The State Air Pollution Control Board approved staff-recommended regulatory updates that incorporate the latest federal Code of Federal Regulations (CFR) references and add technical changes to several air-program standards.
Julia Wack, a DEQ air-data analyst, told the board the action updates CFR book-date references to July 1, 2025, adds one new New Source Performance Standard (NSPS) for volatile organic liquid storage vessels and revises Maximum Achievable Control Technology (MACT) citation language to capture annual CFR changes. Wack said the department must incorporate the federal standards by reference for Virginia to obtain EPA-delegated enforcement authority instead of leaving enforcement with EPA.
Wack described the new NSPS (subpart KC) as applying to storage vessels that commenced construction, reconstruction or modification after Oct. 4, 2023, and said the subpart lowers vapor-pressure applicability thresholds, adds VOC standards and degassing controls, clarifies startup/shutdown/malfunction requirements and adds electronic reporting. She identified about one potentially affected facility in Virginia for MACD (rubber tire manufacturing): the Goodyear facility in Danville.
DEQ recommended adoption and the board moved to accept the staff recommendation; the motion carried on a voice vote. Wack noted that, upon adoption, the board will receive and consider petitions for reconsideration or revision under section 2.2-4006(B) of the Administrative Process Act.
The decision aligns Virginia rules with EPAs current technical and reporting requirements and is intended to streamline enforcement for regulated facilities within the Commonwealth.
