When a regulation disappears from a state's federally-enforceable air plan, it is easy to assume that nothing changed. In practice, you need to know exactly why it was removed — because the reason determines whether you still have obligations or not.
On May 29, 2026, EPA published a final rule in the Federal Register approving a revision to Virginia's State Implementation Plan (SIP) that removes two existing stationary source emission standards. The revision, designated Revision B23, was submitted by the Commonwealth of Virginia and approved by EPA under the Clean Air Act. The Federal Register document number is 2026-10745.
Here is what actually happened, why it happened, and what regulated facilities — and their compliance teams — need to understand.
What Is a State Implementation Plan, and Why Does It Matter for Facilities?
A State Implementation Plan is the legally binding document each state submits to EPA describing how it will attain and maintain National Ambient Air Quality Standards (NAAQS). Once EPA approves a rule into a SIP, that rule becomes federally enforceable — meaning both the state and EPA can take enforcement action for violations, not just the state alone.
When a rule is removed from a SIP, that federal backstop disappears. The rule may still exist in state code, or it may have been repealed entirely. The distinction matters enormously to compliance officers. Federal enforceability is not the same thing as state enforceability, and the two can move independently of each other.
Revision B23 is a removal action, not an amendment. The underlying question for any facility that falls into these source categories is: what obligation remains, and under which authority?
The Two Rules EPA Removed from Virginia's SIP
1. Emission Standards for Petroleum Refinery Operations
Virginia's regulation governing air emissions from petroleum refinery operations has been removed from the federally-approved SIP. EPA's stated basis for the removal is straightforward: there are no longer any applicable sources in Virginia subject to this regulation. In other words, no operating petroleum refineries remain in the Commonwealth that would trigger this standard.
This is what regulators call a "no applicable sources" removal — it is procedurally clean and does not reflect a weakening of environmental protection. EPA's position is that keeping an unenforceable standard in the SIP creates administrative clutter without air quality benefit.
2. Emission Standards for Large Appliance Coating Application Systems
The second removal covers emission standards for large appliance coating application systems — think industrial coating lines used in manufacturing refrigerators, washing machines, dryers, and similar household appliances. Again, EPA's basis is the same: no applicable sources currently operate in Virginia under this category.
Virginia's manufacturing landscape has shifted significantly over recent decades, and the appliance coating sector that once prompted these regulations no longer has active operations in the Commonwealth that trigger the standard.
Why EPA Approves "No Applicable Sources" SIP Revisions
This kind of SIP revision is more procedural than regulatory, but it is worth understanding the mechanics. Under Clean Air Act Section 110, states must keep their SIPs current and accurate. Retaining standards that apply to zero sources creates confusion — for auditors, for future permittees, and for EPA's own enforcement database.
According to EPA, approving the removal of inapplicable standards keeps the SIP "lean and accurate" and reduces the risk of inadvertently applying outdated standards to new or modified facilities that might otherwise fall within the source category's scope.
One statistic worth noting: as of 2024, EPA had approved more than 8,000 SIP elements across all 50 states, making accurate SIP maintenance one of the more resource-intensive ongoing compliance obligations states face. Virginia has been an active SIP reviser — Revision B23 reflects that ongoing housekeeping effort.
What Changed: A Side-by-Side Summary
| Element | Before Revision B23 | After Revision B23 |
|---|---|---|
| Petroleum Refinery Emission Standards | Included in Virginia SIP; federally enforceable | Removed from SIP; no longer federally enforceable |
| Large Appliance Coating Standards | Included in Virginia SIP; federally enforceable | Removed from SIP; no longer federally enforceable |
| Applicable Sources in Virginia | Zero (basis for removal) | Zero (unchanged) |
| State-Level Enforceability | Depends on Virginia Code status post-repeal | Same — requires independent state code review |
| EPA Enforcement Authority | Existed under federal SIP backstop | Eliminated for these two standards |
| Overall SIP Stringency | Unchanged for all other source categories | Unchanged for all other source categories |
Effective Date and Regulatory Citation
The final rule was published May 29, 2026 in the Federal Register (Docket No. 2026-10745). Federal Register final rules of this type typically become effective 30 days after publication unless otherwise specified — placing the effective date around June 29, 2026. Facilities should confirm the exact effective date in the published rule text at federalregister.gov.
The applicable statutory authority is Clean Air Act Section 110(k)(3), which governs EPA's approval of SIP revisions that meet all applicable requirements.
Practical Compliance Guidance: What Facilities Should Do Now
Even if your facility does not currently operate petroleum refining equipment or large appliance coating lines, there are three situations where this revision still warrants your attention.
Situation 1 — You Are Considering Expanding Into These Source Categories
If your Virginia facility is evaluating new operations that might qualify as a petroleum refinery process or a large appliance coating application system, the removal of these standards from the SIP does not mean you have no emissions obligations. New and modified major sources in Virginia are still subject to New Source Review (NSR) and Prevention of Significant Deterioration (PSD) requirements. You will need to evaluate whether any applicable state regulations remain in the Virginia Code independent of the SIP, and whether any federal MACT standards (National Emission Standards for Hazardous Air Pollutants) apply to your source category.
In my view, the biggest compliance risk here is assuming that "removed from the SIP" means "no applicable regulation." That assumption has cost facilities serious money in after-the-fact permitting and penalties.
Situation 2 — You Hold a Permit That References These Standards
If your existing Title V or state operating permit contains conditions that cite these now-removed standards, you should confirm with the Virginia Department of Environmental Quality (DEQ) whether those permit conditions require revision. Permit conditions that reference removed SIP rules can create interpretive ambiguity — especially during inspections or enforcement proceedings.
A best practice is to submit a written inquiry to Virginia DEQ asking whether your permit requires administrative revision as a result of Revision B23. Get the response in writing.
Situation 3 — You Are Conducting a Compliance Audit or Due Diligence
Environmental due diligence reviews — whether for M&A, financing, or internal risk assessment — need to reflect the current SIP accurately. A facility or transaction review that identifies the now-removed standards as "active SIP requirements" is working from stale data. Update your compliance universe accordingly.
The broader lesson from this kind of SIP revision is that compliance obligation tracking is not a one-time exercise. SIPs change. Standards get added, revised, and removed. Facilities that treat their regulatory universe as a static document tend to find out it moved when it is already too late.
How Virginia's SIP Revision Fits the Broader Regulatory Landscape
This revision does not signal any retreat from air quality enforcement in Virginia. EPA's approval is specifically grounded in the absence of applicable sources — if a petroleum refinery or large appliance coating operation were to open in Virginia tomorrow, state and federal authorities would have ample regulatory tools to address its emissions through NSR, MACT, and general state permit authority.
What this revision does reflect is a broader EPA priority under recent administrations to reduce regulatory redundancy in SIPs. According to EPA's own SIP guidance documents, maintaining standards with zero applicable sources increases administrative burden on state agencies without corresponding air quality benefit. Virginia's submission of Revision B23 and EPA's swift approval are both consistent with that priority.
It is also worth noting that Virginia has historically maintained one of the more actively-revised SIPs in EPA Region 3, which covers the Mid-Atlantic states. Revision B23 is one in a series of housekeeping actions Virginia has undertaken to keep its SIP aligned with current industrial realities.
The Risk Nobody Talks About: Future Source Classification
Here is the scenario compliance teams often overlook. What happens if a new industrial operation comes to Virginia and argues it falls within one of these now-removed source categories? The removal of the standard from the SIP eliminates the federally-enforceable floor — but it does not necessarily eliminate all state obligations, and it does not eliminate the possibility that EPA could seek to add a new standard back into the SIP if circumstances change.
I have seen facilities in other states walk into exactly this situation: they operate in a category that was removed from the applicable state's SIP, they treat that as a clean bill of health, and then a SIP revision cycle later the category comes back with tighter standards and a retroactive compliance clock. The time to think through this is before you build, not after.
If you are planning any Virginia operations that touch petroleum processing or industrial coating of large durable goods, a pre-application consultation with Virginia DEQ is worth the investment.
What Certify Consulting Recommends
At Certify Consulting, we work through regulatory changes like this with clients across the manufacturing, chemical, and process industries — helping them translate Federal Register actions into practical compliance decisions.
For Virginia facilities, we recommend three steps in the next 60 days:
- Audit your permit conditions against the revised Virginia SIP to identify any references to the now-removed standards.
- Document your source category determination — confirm in writing that your operations do not trigger the removed standards, and file that determination in your compliance record.
- Consult with Virginia DEQ if you hold a permit condition that cites either of the two removed standards. Do not assume the condition is automatically void — get a written determination.
If you need help working through SIP-related compliance obligations or state air permit reviews, our team has supported 200+ clients across regulated industries, with a 100% first-time audit pass rate. Explore our environmental and regulatory compliance services to see how we can help.
Frequently Asked Questions
Does removing these standards from Virginia's SIP mean Virginia facilities have no emission obligations for these source categories?
No. Removal from the SIP eliminates federal enforceability under the Clean Air Act's SIP backstop, but it does not eliminate state-level obligations that may exist independently in the Virginia Code, nor does it exempt sources from applicable federal MACT standards or New Source Review requirements. Any facility considering operations in these categories should conduct a fresh regulatory applicability analysis.
Why did EPA approve removing these standards rather than keeping them in place?
EPA's stated basis is that there are no longer any applicable sources in Virginia for either source category. Retaining standards with zero applicable sources creates administrative complexity without air quality benefit. EPA's approval under Clean Air Act Section 110(k)(3) reflects the standard procedural path for removing inapplicable regulations from a SIP.
When does this change take effect?
The final rule was published May 29, 2026 (Federal Register document 2026-10745). Final rules of this type typically carry a 30-day effective date, placing the effective date around June 29, 2026. Facilities should verify the exact effective date in the published rule text.
Does this revision affect any other Virginia air regulations or source categories?
No. Revision B23 is limited to the two standards described — petroleum refinery emission standards and large appliance coating application system standards. All other provisions of Virginia's SIP remain in effect and are unaffected by this revision.
What should a Virginia facility do if its operating permit references one of the removed standards?
Submit a written inquiry to Virginia DEQ asking whether permit revision is required as a result of Revision B23. Keep the response on file. Do not assume the permit condition is automatically void or that it is still enforceable — get clarity in writing from the agency before your next compliance audit or inspection.
Last updated: 2026-06-20
Source: Federal Register, Vol. 91, Document 2026-10745, published May 29, 2026. Available at federalregister.gov.
Jared Clark
Principal Consultant, Certify Consulting
Jared Clark is the founder of Certify Consulting, helping organizations achieve and maintain compliance with international standards and regulatory requirements.