Code of Virginia - Title 10.1 Conservation - Chapter 13 Air Pollution Control Board

10.1-1300 Definitions
As used in this chapter, unless the context requires a different meaning: "Advisory Board" means the State Advisory Board on Air Pollution. "Air pollution" means ...
10.1-1301 State Air Pollution Control Board; membership; terms; vacancies
The State Air Pollution Control Board shall be composed of seven members appointed by the Governor for four-year terms. Vacancies other than by expiration of ...
10.1-1302 Qualifications of members of Board
The members of the Board shall be citizens of the Commonwealth and shall be selected from the Commonwealth at large on the basis of merit ...
10.1-1303 Chairman of the Board; Executive Director; cooperation of state agencies
The Board shall elect its own chairman. The Governor shall appoint an Executive Director who shall serve as executive officer of the Board, but shall ...
10.1-1304 Meetings of Board; quorum
The Board shall meet at least four times a year. Special meetings may be held at any time or place to be determined by the ...
10.1-1305 Records of proceedings of Board
The Board shall keep a complete and accurate record of the proceedings at all its meetings, a copy of which shall be kept on file ...
10.1-1306 Inspections, investigations, etc
The Board shall make, or cause to be made, such investigations and inspections and do such other things as are reasonably necessary to carry out ...
10.1-1307 Further powers and duties of Board
A. The Board shall have the power to control and regulate its internal affairs; initiate and supervise research programs to determine the causes, effects, and ...
10.1-1307.01 Further duties of Board; localities particularly affected
After June 30, 1994, before promulgating any regulation under consideration, granting any variance to an existing regulation, or issuing any permit for the construction of ...
10.1-1307.1 Department continued; appointment of Director
A. The Department of Air Pollution Control is continued as an agency within the Secretariat of Natural Resources. The Department shall be headed by a ...
10.1-1307.2 Powers and duties of the Executive Director
A. The Executive Director, under the direction and control of the Governor, shall exercise such powers and perform such duties as are conferred or imposed ...
10.1-1307.3 Executive Director to enforce laws
A. The Executive Director or his duly authorized representative shall have the authority to: 1. Supervise, administer, and enforce the provisions of this chapter and ...
10.1-1308 Regulations
A. The Board, after having studied air pollution in the various areas of the Commonwealth, its causes, prevention, control and abatement, shall have the power ...
10.1-1308.1 Streamlined permitting process for qualified energy generators
A. As used in this section: "Biomass" means organic material that is available on a renewable or recurring basis, including: 1. Forest-related materials, including mill ...
10.1-1309 Issuance of special orders; civil penalties
A. The Board shall have the power to issue special orders to: (i) owners who are permitting or causing air pollution as defined by § ...
10.1-1309.1 Special orders; penalties
The Board is authorized to issue special orders in compliance with the Administrative Process Act (§ 2.2-4000 et seq.) requiring that an owner file with ...
10.1-1310 Decision of Board pursuant to hearing
Any decision by the Board rendered pursuant to hearings under § 10.1-1309 shall be reduced to writing and shall contain the explicit findings of fact ...
10.1-1310.1 Notification of local government
Upon determining that there has been a violation of this chapter or any regulation promulgated under this chapter or order of the Board, and such ...
10.1-1311 Penalties for noncompliance; judicial review
A. The Board is authorized to promulgate regulations providing for the determination of a formula for the basis of the amount of any noncompliance penalty ...
10.1-1312 Air pollution control districts
A. The Board may create, within any area of the Commonwealth, local air pollution control districts comprising a city or county or a part or ...
10.1-1313 State Advisory Board on Air Pollution
The Board is authorized to name qualified persons to a State Advisory Board on Air Pollution. (1966, c. 497, § 10-17.20; 1985, c. 448; 1988, ...
10.1-1314 Owners to furnish plans, specifications and information
Every owner which the Board has reason to believe is causing, or may be about to cause, an air pollution problem shall on request of ...
10.1-1314.1 Protection of trade secrets
Any information, except emissions data, reported to or otherwise obtained by the Director, the Board, or the agents or employees of either which contains or ...
10.1-1315 Right of entry
Whenever it is necessary for the purposes of this chapter, the Board or any member, agent or employee thereof, when duly authorized by the Board, ...
10.1-1316 Enforcement and civil penalties
A. Any owner violating or failing, neglecting or refusing to obey any provision of this chapter, any Board regulation or order, or any permit condition ...
10.1-1316.1 Severe ozone nonattainment areas; fees
A. Except as provided in subsection C, any owner of a stationary source that emits or has the potential to emit 25 tons or more ...
10.1-1317 Judicial review of regulations of Board
The validity of any regulation may be determined through judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.). ...
10.1-1318 Appeal from decision of Board
A. Any owner aggrieved by a final decision of the Board under § 10.1-1309, § 10.1-1322 or subsection D of § 10.1-1307 is entitled to ...
10.1-1319 Appeal to Court of Appeals
The Commonwealth or any party aggrieved by any final decision of the judge shall have, regardless of the amount involved, the right to appeal to ...
10.1-1320 Penalties; chapter not to affect right to relief or to maintain action
Any owner knowingly violating any provision of this chapter, Board regulation or order, or any permit condition shall upon conviction be guilty of a misdemeanor ...
10.1-1320.1 Duty of attorney for the Commonwealth
It shall be the duty of every attorney for the Commonwealth to whom the Director or his authorized representative has reported any violation of this ...
10.1-1321 Local ordinances
A. Existing local ordinances adopted prior to July 1, 1972, shall continue in force; however, in the event of a conflict between a Board regulation ...
10.1-1321.1 When application for permit considered complete
A. No application for a permit for a new or major modified stationary air pollution source shall be considered complete unless the applicant has provided ...
10.1-1322 Permits
A. Pursuant to regulations adopted by the Board and subject to § 10.1-1322.01, permits may be issued, amended, revoked or terminated and reissued by the ...
10.1-1322.01 Permits; procedures for public hearings and permits before the Board
A. During the public comment period on a permit action, interested persons may request a public hearing to contest such action or the terms and ...
10.1-1322.1 Air Pollution Permit Program Fund established; use of moneys
A. Notwithstanding the provisions of § 2.2-1802, all moneys collected pursuant to §§ 10.1-1322 and 10.1-1322.2 shall be paid into the state treasury and credited ...
10.1-1322.2 Preliminary program permit fees
A. Prior to the adoption and implementation of a permit fee schedule as authorized under subsection B of § 10.1-1322, the owners of sources of ...
10.1-1322.3 Emissions trading programs; emissions credits; Board to promulgate regulations
In accordance with § 10.1-1308, the Board may promulgate regulations to provide for emissions trading programs to achieve and maintain the National Ambient Air Quality ...
10.1-1322.4 Permit modifications for alternative fuels or raw materials
Unless required by federal law or regulation, no additional permit or permit modifications shall be required by the Board for the use, by any source, ...
10.1-1323 Small business stationary source technical and environmental compliance assistance progra...
A. There is hereby created within the Department a small business stationary source technical and environmental compliance assistance program to facilitate compliance by small business ...
10.1-1324 Office of Small Business Ombudsman created
An Office of Small Business Ombudsman is hereby created within the Department. The Office shall be headed by an ombudsman appointed by the Executive Director. ...
10.1-1325 Small Business Environmental Compliance Advisory Panel created; membership; terms; compensation an...
The Small Business Environmental Compliance Advisory Panel (the Panel) is hereby established as an advisory panel in the executive branch of state government. It shall ...
10.1-1326 Duties of the Advisory Board
The Small Business Environmental Compliance Advisory Board shall: 1. Render advisory opinions concerning the effectiveness of the Small Business Stationary Source Technical and Environmental Compliance ...
10.1-1327 Definitions.
As used in this article, unless the context requires a different meaning: "Electric generating facility" means a facility with one or more electric generating units. ...
10.1-1328 Emissions rates and limitations.
A. To ensure that the Commonwealth meets the emissions budgets established by the federal Environmental Protection Agency (EPA) in its CAIR, the Board shall promulgate ...

Last modified: April 2, 2009