Virginia Regulatory Town Hall
Department of Environmental Quality
Air Pollution Control Board
Existing Stationary Sources [9 VAC 5 ‑ 40]
Review 1632
Periodic Review of this Chapter
Includes a Small Business Impact Review
Date Filed: 3/26/2018
Notice of Periodic Review
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 9VAC5-40, Existing 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The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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:

9VAC5-40, Existing Stationary Sources
Part I - Special Provisions (9VAC5-40-10 et seq.)
Part II - Emission Standards:
Article 1, Visible Emissions and Fugitive Dust/Emissions
Article 2, Emission Standards for Odor
Article 4, Emission Standards for General Process Operations
Article 5, Emission Standards for Synthesized Pharmaceutical Products Manufacturing Operations
Article 6, Emission Standards for Rubber Tire Manufacturing Operations
Article 7, Emission Standards for Incinerators
Article 8, Emission Standards for Fuel Burning Equipment
Article 9, Emission Standards for Coke Ovens
Article 10, Emission Standards for Asphalt Concrete Plants
Article 11, Emission Standards for Petroleum Refinery Operations
Article 12, Emission Standards for Chemical Fertilizer Manufacturing Operations
Article 13, Emission Standards for Pulp and Paper Mills
Article 14, Emission Standards for Sand and Gravel Processing Operations and Stone Quarrying and Processing Operations
Article 15, Emission Standards for Coal Preparation Plants
Article 16, Emission Standards for Portland Cement Plants
Article 17, Emission Standards for Woodworking Operations
Article 18, Emission Standards for Primary and Secondary Metal Operations
Article 19, Emission Standards for Lightweight Aggregate Process Operations
Article 20, Emission Standards for Feed Manufacturing Operations
Article 21, Emissions Standards for Sulfuric Acid Production Units
Article 22, Emission Standards for Sulfur Recovery Operations
Article 23, Emission Standards for Nitric Acid Production Units
Article 24, Emission Standards for Solvent Metal Cleaning Operations
Article 25, Emission Standards for Volatile Organic Compound Storage and Transfer Operations
Article 26, Emission Standards for Large Appliance Coating Application Systems
Article 27, Emission Standards for Magnet Wire Coating Application Systems
Article 28, Emission Standards for Automobile and Light Duty Truck Coating Application Systems
Article 29, Emission Standards for Can Coating Application Systems
Article 30, Emission Standards for Metal Coil Coating Application Systems
Article 31, Emission Standards for Paper and Fabric Coating Application Systems
Article 32, Emission Standards for Vinyl Coating Application Systems
Article 33, Emission Standards for Metal Furniture Coating Application Systems
Article 35, Emission Standards for Flatwood Paneling Coating Application Systems
Article 36, Emission Standards for Graphic Arts Printing Processes
Article 46, Emission Standards for Small Municipal Waste Combustors
Article 47, Emission Standards for Solvent Cleaning
Article 48, Emission Standards for Mobile Equipment Repair and Refinishing
Article 52, Emission Standards for Case-by-case BART Determinations
Article 54, Emission Standards for Large Municipal Waste Combustors
Article 55, Emission Standards for Sewage Sludge Incinerators

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

The comment period begins April 16, 2018, and ends on May 7, 2018.
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 of Notice in the Register and Public Comment Period
Published in the Virginia Register on 4/16/2018
Comment Period begins on the publication date and ended on 5/7/2018

Comments Received: 0

Review Result
Retain the regulation with no changes
pdf TH-07 Periodic Review Report of Findings   (5/30/2018)
Attorney General Certification
Submitted to OAG: 3/26/2018
Review Completed: 5/29/2018
Result: Certified
pdf Review Memo