CODE OF VIRGINIA

REGULATIONS (§ 10.1-1308)

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 to promulgate regulations, including emergency regulations, abating,
controlling and prohibiting air pollution throughout or in any part of the
Commonwealth in accordance with the provisions of the Administrative Process Act
(§ 2.2-4000 et seq.), except that a description of provisions of any proposed
regulation which are more restrictive than applicable federal requirements,
together with the reason why the more restrictive provisions are needed, shall
be provided to the standing committee of each house of the General Assembly to
which matters relating to the content of the regulation are most properly
referable. No such regulation shall prohibit the burning of leaves from trees by
persons on property where they reside if the local governing body of the county,
city or town has enacted an otherwise valid ordinance regulating such burning.
The regulations shall not promote or encourage any substantial degradation of
present air quality in any air basin or region which has an air quality superior
to that stipulated in the regulations. Any regulations adopted by the Board to
have general effect in part or all of the Commonwealth shall be filed in
accordance with the Virginia Register Act (§ 2.2-4100 et seq.).

B. Any regulation that prohibits the selling of any consumer product shall not
restrict the continued sale of the product by retailers of any existing
inventories in stock at the time the regulation is promulgated.

C. Any regulation requiring the use of stage 1 vapor recovery equipment at
gasoline dispensing facilities may be applicable only in areas that have been
designated at any time by the U.S. Environmental Protection Agency as
nonattainment for the pollutant ozone. For purposes of this section, gasoline
dispensing facility means any site where gasoline is dispensed to motor vehicle
tanks from storage tanks.

D. No regulation of the Board shall require permits for the construction or
operation of qualified fumigation facilities, as defined in § 10.1-1308.01.

HISTORY: 1966, c. 497, §§ 10-17.16, 10-17.18; 1968, c. 311; 1969, Ex. Sess.,
c. 8; 1970, c. 469; 1972, c. 781; 1973, c. 251; 1980, c. 469; 1984, c. 734;
1988, cc. 26, 891; 1993, c. 456; 1997, c. 55; 2005, c. 66; 2006, c. 71; 2011, c.
393.