Virginia Regulatory Town Hall
Department of Environmental Quality
Air Pollution Control Board
Existing Stationary Sources [9 VAC 5 ‑ 40]
Review 1265
Periodic Review of this Chapter
Includes a Small Business Impact Review
Date Filed: 1/2/2013
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, Article 28 (Emission Standards for Automobile and Light duty Truck Coating Application Systems) of 9VAC5 Chapter 40, Existing Stationary Sources).

The purpose of the review is to determine whether the regulation should be terminated, amended or retained in its current form. The review of the regulation 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 regulation including whether (i) the regulation is effective in achieving its goals; (ii) the regulation is 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 regulation; (iv) there are less burdensome and less intrusive alternatives for achieving the purpose of the regulations and (v) the regulation is clearly written and easily understandable by the affected persons. In addition, the Department and the Board are seeking public comment on ways to minimize the economic impact on small businesses in a manner consistent with the purpose of the regulations.

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

The purpose of the regulation 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 this regulation be promulgated. These regulation is 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.

The comment period begins January 28, 2013, and ends on February 19, 2013.

Comments may be submitted online to the Virginia Regulatory Town Hall at Comments may also be sent to Mary E. Major, Environmental Program Manager, 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 804-698-4423, fax 804-698-4510, 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 the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.
Publication of Notice in the Register and Public Comment Period
Published in the Virginia Register on 1/28/2013
Comment Period begins on the publication date and ended on 2/19/2013

Comments Received: 0

Review Result
Retain the regulation with no changes
pdf TH-07 Periodic Review Report of Findings   (3/15/2013)
Attorney General Certification
Prior to early 2014, AG periodic review certifications were done off-line