Virginia Regulatory Town Hall
Department of Environmental Quality
Air Pollution Control Board
New and Modified Stationary Sources [9 VAC 5 ‑ 50]
Action is Exempt from Article 2 of the Administrative Process Act
Defer the implementation of federal emission standards for wood heaters to EPA (Revision A15)
Action 4380
General Information
Action Summary Chapter 471 of the 2015 Acts of Assembly amends ยงยง 10.1-1300 and 10.1-1307 of the Code of Virginia to prohibit the State Air Pollution Control Board from adopting regulations that limit emissions from certain smaller wood heaters. The bill also prohibits the board from enforcing any federal regulation limiting emissions from wood heaters that was adopted after May 1, 2014. Subparts AAA and QQQQ of 40 CFR Part 60, which regulate NSPSs for wood heaters, are referenced in Rule 5-5. Although the board has entered into a delegation agreement to adopt NSPSs by reference in order to implement them at the state level, this is at the state's discretion, and the General Assembly has opted to leave implementation of Subparts AAA and QQQQ at the federal level. The board therefore needs to amend Rule 5-5 in order to indicate that the wood heater regulations of 40 CFR Part 60 will be implemented by EPA and not the board.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: 2.2-4006 A 4 a and A 4 c of the Code of Virginia
RIS Project Yes  [004353]
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
7251 Final Stage complete. This regulation became effective on 08/12/2015.
Contact Information
Name / Title: Karen G. Sabasteanski 
Address: 629 East Main Street
P.O. Box 1105
Richmond, VA 23218
Email Address:
Phone: (804)698-4426    FAX: (804)698-4510    TDD: ()-