Virginia Regulatory Town Hall
Department of Environmental Quality
Air Pollution Control Board
Existing Stationary Sources [9 VAC 5 ‑ 40]
Review 1039
Periodic Review of this Chapter
Includes a Small Business Impact Review
Date Filed: 5/12/2011
Notice of Periodic Review
The Department of Environmental Quality will conduct a periodic review of portions of the Regulations for the Control and Abatement of Air Pollution, specifically, certain regulations of 9VAC5-40, Existing Stationary Sources. The purpose of the review is to determine whether the regulations should be terminated, amended or retained in their current form. The review of the regulations will be guided by the principles listed in Executive Order Number Fourteen (2010) and Section 2.2-4007.1 of the Code of Virginia. The Department and the Board are seeking public comments on the review of any issue relating to the regulations including whether (i) the regulations are effective in achieving their goals; (ii) the regulations are essential to protect the health, safety or welfare of citizens or for the economical performance of important governmental functions; (iii) there are available alternatives for achieving the purpose of the regulations; (iv) there are less burdensome and less intrusive alternatives for achieving the purpose of the regulations; and (v) the regulations are clearly written and easily understandable by the affected persons. In addition, the Department and the Board are seeking public comments on ways to minimize the economic impact on small businesses in a manner consistent with the purpose of the regulations.
The specific regulations being reviewed are as follows:

Part II, Emission Standards

Article 5, Synthesized Pharmaceutical Products Manufacturing Operations
Article 6, Rubber Tire Manufacturing Operations
Article 7, Incinerators
Article 9, Coke Ovens
Article 10, Asphalt Concrete Plants
Article 11, Petroleum Refinery Operations
Article 12, Chemical Fertilizer Manufacturing Operations
Article 13, Kraft Pulp Mills
Article 14, Sand-Gravel Processing; Stone Quarrying and Processing
Article 16, Portland Cement Plants
Article 17, Woodworking Operations
Article 18, Primary and Secondary Metal Operations
Article 19, Lightweight Aggregate Process Operations
Article 20, Feed Manufacturing Operations
Article 21, Sulfuric Acid Production Units
Article 22, Sulfur Recovery Operations
Article 23, Nitric Acid Production Units
Article 24, Solvent Metal Cleaning Operations
Article 25, Volatile Organic Compound Storage and Transfer Operations
Article 26, Large Appliance Coating Application Systems
Article 27, Magnet Wire Coating Application Systems
Article 29, Can Coating Application Systems
Article 30, Metal Coil Coating Application Systems
Article 31, Paper and Fabric Coating Application Systems
Article 32, Vinyl Coating Application Systems
Article 33, Metal Furniture Coating Application Systems
Article 34, Miscellaneous Metal Parts and Products Coating Application Systems
Article 35, Flatwood Paneling Coating Application Systems
Article 36, Graphic Arts Printing Processes
Article 37, Petroleum Liquid Storage and Transfer Operations
Article 39, Asphalt Paving Operations

The regulations may be viewed on the DEQ air regulation web page:

The purpose of the regulations is to control emissions from specific types of existing stationary sources to protect human health and the environment. Section 10.1-1308 of the Code of Virginia requires that these regulations be promulgated. These regulations are designed to protect public health and welfare with the least possible costs and intrusiveness to the citizens and businesses of the Commonwealth and to provide the necessary procedures and rules by which the statute may be administered. Comments on the above regulations will be accepted until June 28, 2011. Comments should be sent to Karen G. Sabasteanski, Policy Analyst, Office of Regulatory Affairs, Department of Environmental Quality, Post Office Box 1105, Richmond, Virginia 23218 (deliveries can be made to 629 East Main Street, Richmond, Virginia 23219), phone 804.698.4426, fax 804-698-4510, email Note: Please include your full name and mailing address when providing public comment.
Publication of Notice in the Register and Public Comment Period
Published in the Virginia Register on 6/6/2011
Comment Period begins on the publication date and ended on 6/28/2011

Comments Received: 0

Review Result
Retain the regulation with no changes
pdf TH-07 Periodic Review Report of Findings   (8/25/2011)
Attorney General Certification
Prior to early 2014, AG periodic review certifications were done off-line