Środowisko i energia · 05/12/1994

Clean Air Act Final Disapproval of Operating Permits Program; Commonwealth of Virginia

EPA is taking final action to disapprove the Clean Air Act operating permits program under title V of the Clean Air Act Amendments of 1990 submitted to EPA by the Commonwealth of Virginia. The reasons for this disapproval action were fully described in EPA's notice of proposed disapproval (see the June 17, 1994 Federal Register) and can be summarized as follows: (1) Virginia's program submittal does not contain the necessary legal authority to allow persons who have participated in the permit program's public comment process to obtain review of the final permit decision in State court; (2) the program does not contain the necessary legal authority to prevent the default issuance of permits; (3) the submitted regulations expired on June 28, 1994 and cannot be applied or enforced after that date; (4) the regulatory portion of the program submittal does not include the proper universe of sources required to be subject to a State operating permits program; and (5) the program does not ensure that permits contain all applicable Clean Air Act requirements and does not correctly delineate permit provisions enforceable only by the Commonwealth.