Agencies | Governor
Virginia Regulatory Town Hall
Department of Environmental Quality
Air Pollution Control Board
New and Modified Stationary Sources [9 VAC 5 ‑ 50]
Review 1643
Periodic Review of this Chapter
Includes a Small Business Impact Review
Date Filed: 4/23/2018
Review Announcement
Pursuant to Executive Order 17 (2014) and ยงยง 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Environmental Quality on behalf of the Air Pollution Control Board is conducting a periodic review and small business impact review of portions of 9VAC5-50, New and Modified Stationary Sources.
The review of this regulation will be guided by the principles in Executive Order 17 (2014).
The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.
The specific regulations being reviewed are as follows:

9VAC5-50, New and Modified Stationary Sources
Part I, Special Provisions (9VAC5-50-10 et seq.)
Part II, Emission Standards:
Article 1, Visible emissions and fugitive dust/emissions
Article 2, Odorous emissions
Article 4, Stationary sources

The regulations may be viewed on the DEQ air regulation web page:,Regulations,Guidance.aspx

The comment period begins May 14, 2018, and ends on June 19, 2018. (The comment period was originally scheduled to end June 4, 2018 but was extended 15 days due to the DEQ website being unavailable during a portion of the comment period.)

Comments may be submitted online to the Virginia Regulatory Town Hall at Comments may also be sent to Gary Graham, Regulatory Analyst, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, Virginia 23218, phone: 804-698-4103, fax: 804-698-4319, email:
Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.
Publication Information and Public Comment Period
Published in the Virginia Register on 5/14/2018
Comment Period begins on the publication date and ends on 6/19/2018

Comments Received: 0

Review Result
Retain the regulation with no changes
pdf TH-07 Periodic Review Report of Findings   (7/19/2018)
Attorney General Certification
Result of Review: Certified

pdf Review Memo       6/25/2018