Title 10.1, Title 10.1. Conservation

The Board shall elect its own chairman. The Governor shall appoint an Executive Director who shall serve as executive officer of the Board, but shall not serve as a member thereof. The Board may call upon any state department or agency for technical assistance. All departments an…

The Board shall meet at least four times a year. Special meetings may be held at any time or place to be determined by the Board upon the call of the chairman or upon written request of any two members. All members shall be notified of the time and place of any meeting at least f…

The Board shall keep a complete and accurate record of the proceedings at all its meetings, a copy of which shall be kept on file in the office of the Director and available for public inspection.

The Department shall make, or cause to be made, such investigations and inspections and do such other things as are reasonably necessary to carry out the provisions of this chapter, within the limits of the appropriations, study grants, funds, or personnel which are available for…

A. The Board shall have the power to control and regulate its internal affairs. The Department shall have the power to initiate and supervise research programs to determine the causes, effects, and hazards of air pollution; initiate and supervise statewide programs of air polluti…

A. The Board, before promulgating a regulation under consideration, or the Department, before granting a variance to an existing regulation, or issuing a permit for the construction of a new major source or for a major modification to an existing source, if it is found that there…

A. As used in this section: "Emergency generation source" means a stationary internal combustion engine that operates according to the procedures in the ISO's emergency operations manual during an ISO-declared emergency. "ISO-declared emergency" means a condition that exists when…

A. As used in this section: "Outer Continental Shelf" has the meaning provided by § 2 of the federal Outer Continental Shelf Lands Act (43 U.S.C. § 1331). "Outer Continental Shelf sources" has the same meaning ascribed thereto in § 328(a)(4)(C) of the Clean Air Act (42 U.S.C. § 7…

A. The Department shall conduct a comprehensive statewide baseline and projection inventory of all greenhouse gas (GHG) emissions and shall update such inventory every four years. The Board may adopt regulations necessary to collect from all source sectors data needed by the Depa…

A. As used in this section: "LEV" means low-emission vehicle. "ZEV" means zero-emission vehicle. B. The Board may adopt by regulation and enforce any model year standards relating to the control of emissions from new motor vehicles or new motor vehicle engines, including LEV and …

A. The Department of Air Pollution Control is continued as an agency within the Secretariat of Natural and Historic Resources. The Department shall be headed by a Director appointed by the Governor, subject to confirmation by the General Assembly, to serve at the pleasure of the …

A. The Executive Director, under the direction and control of the Governor, shall exercise such powers and perform such duties as are conferred or imposed upon him by the law and shall perform such other duties required of him by the Governor and the Board. B. The Executive Direc…

A. The Executive Director or his duly authorized representative shall have the authority to: 1. Supervise, administer, and enforce the provisions of this chapter and regulations and orders of the Board as are conferred upon him by the Board; 2. Investigate any violations of this …

A. The Board, after having studied air pollution in the various areas of the Commonwealth, its causes, prevention, control and abatement, shall have the power to promulgate regulations, including emergency regulations, abating, controlling and prohibiting air pollution throughout…

A. For the purposes of this section, a "qualified fumigation facility" means a facility that: 1. Conducts commodity fumigation using any chemical regulated under Section 112(b) of the federal Clean Air Act of foods, products, components, livestock or materials including fumigatio…

A. As used in this section: "Biomass" means organic material that is available on a renewable or recurring basis, including: 1. Forest-related materials, including mill residues, logging residues, forest thinnings, slash, brush, low-commercial value materials or undesirable speci…

A. The Department shall have the power to issue special orders to: (i) owners who are permitting or causing air pollution as defined by § 10.1-1300, to cease and desist from such pollution; (ii) owners who have failed to construct facilities in accordance with or have failed to c…

The Department is authorized to issue special orders in compliance with the Administrative Process Act (§ 2.2-4000 et seq.) requiring that an owner file with the Department a plan to abate, control, prevent, remove, or contain any substantial and imminent threat to public health …

Any decision by the Department rendered pursuant to hearings under § 10.1-1309 shall be reduced to writing and shall contain the explicit findings of fact and conclusions of law upon which the Department's decision is based. Certified copies of the written decision shall be deliv…

Upon determining that there has been a violation of this chapter or any regulation promulgated under this chapter or order of the Department, and such violation poses an imminent threat to the health, safety or welfare of the public, the Director shall immediately notify the chie…

A. The Board is authorized to promulgate regulations providing for the determination of a formula for the basis of the amount of any noncompliance penalty to be assessed by a court pursuant to subsection B hereof, in conformance with the requirements of § 120 of the federal Clean…

A. The Department may create, within any area of the Commonwealth, local air pollution control districts comprising a city or county or a part or parts of each, or two or more cities or counties, or any combination or parts thereof. Such local districts may be established by the …

The Department is authorized to name qualified persons to a State Advisory Board on Air Pollution.

Every owner which the Department has reason to believe is causing, or may be about to cause, an air pollution problem shall on request of the Department furnish such plans, specifications and information as may be required by the Department in the discharge of its duties under th…

Any information, except emissions data, reported to or otherwise obtained by the Director, the Board, or the agents or employees of either which contains or might reveal a trade secret shall be confidential and shall be limited to those persons who need such information for purpo…

Whenever it is necessary for the purposes of this chapter, the Department or any agent or employee thereof, when duly authorized by the Director, may at reasonable times enter any establishment or upon any property, public or private, to obtain information or conduct surveys or i…

A. Any owner violating or failing, neglecting or refusing to obey any provision of this chapter, any Board regulation or Department order, or any permit condition may be compelled to comply by injunction, mandamus or other appropriate remedy. B. Without limiting the remedies whic…

A. Except as provided in subsection C, any owner of a stationary source that emits or has the potential to emit 25 tons or more per year of volatile organic compounds or 25 tons or more of nitrogen oxides and is located in an area designated by the U.S. Environmental Protection A…

The validity of any regulation may be determined through judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.). 1971, Ex. Sess., c. 91, § 10-17.23:1; 1986, c. 615; 1988, c. 891.

A. Any owner aggrieved by a final decision of the Department under § 10.1-1309, § 10.1-1322 or subsection D of § 10.1-1307 is entitled to judicial review thereof in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.). B. Any person who has partic…

The Commonwealth or any party aggrieved by any final decision of the judge shall have, regardless of the amount involved, the right to appeal to the Court of Appeals. The procedure shall be the same as that provided by law concerning appeals and supersedeas.

Any owner knowingly violating any provision of this chapter, Board regulation, or Department order, or any permit condition shall upon conviction be guilty of a misdemeanor and shall be subject to a fine of not more than $10,000 for each violation within the discretion of the cou…

It shall be the duty of every attorney for the Commonwealth to whom the Director or his authorized representative has reported any violation of (i) this chapter, (ii) any regulation of the Board, or (iii) order of the Department, to cause proceedings to be prosecuted without dela…

A. Existing local ordinances adopted prior to July 1, 1972, shall continue in force; however, in the event of a conflict between a Board regulation and a local ordinance adopted prior to July 1, 1972, the Board regulation shall govern, except when the conflicting local ordinance …

A. No application for a permit for a new or major modified stationary air pollution source shall be considered complete unless the applicant has provided the Director with notification from the governing body of the county, city, or town in which the source is to be located that …

A. Pursuant to regulations adopted by the Board, permits may be issued, amended, revoked or terminated and reissued by the Department and may be enforced under the provisions of this chapter in the same manner as regulations and orders. Failure to comply with any condition of a p…

A. Notwithstanding the provisions of § 2.2-1802, all moneys collected pursuant to §§ 10.1-1322 and 10.1-1322.2 shall be paid into the state treasury and credited to a special nonreverting fund known as the Air Pollution Permit Program Fund, which is hereby established. B. Any mon…

A. Prior to the adoption and implementation of a permit fee schedule as authorized under subsection B of § 10.1-1322, the owners of sources of air pollution which are registered by the Department in accordance with the regulations of the Board are assessed preliminary program per…

In accordance with § 10.1-1308, the Board may promulgate regulations to provide for emissions trading programs to achieve and maintain the National Ambient Air Quality Standards established by the United States Environmental Protection Agency, under the federal Clean Air Act. The…

Unless required by federal law or regulation, no additional permit or permit modifications shall be required for the use, by any source, of an alternative fuel or raw material, if the owner demonstrates that as a result of trial burns at his facility or other facilities or other …

A. As used in this section: "Department" means the Department of Environmental Quality. "Electric school bus" means a school bus that is propelled to a significant extent by an electric motor that draws electricity from a battery and is capable of being recharged from an external…

A. As used in this section: "Data center" means the same as that term is defined in subdivision A 43 of § 58.1-3506. "Diesel oxidation catalyst" means a flow-through exhaust device that contains a honeycomb structure covered with a layer of chemical catalyst containing small amou…

A. There is hereby created within the Department a small business stationary source technical and environmental compliance assistance program to facilitate compliance by small business stationary sources with the provisions of the federal Clean Air Act. The program shall be admin…

An Office of Small Business Ombudsman is hereby created within the Department. The Office shall be headed by an ombudsman appointed by the Executive Director. The Small Business Ombudsman shall provide direct oversight of the small business stationary source technical and environ…

The Small Business Environmental Compliance Advisory Panel (the Panel) is hereby established as an advisory panel in the executive branch of state government. It shall be composed of seven members appointed for four years or until their successors have been appointed. Vacancies o…

The Small Business Environmental Compliance Advisory Board shall: 1. Render advisory opinions concerning the effectiveness of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program, difficulties encountered, and degree and severity of enfor…