77858010.1-1308Virginia Decodedhttps://vacode.org2016ConservationActivities Administered By Other EntitiesAir Pollution Control BoardGeneral ProvisionsRegulations1966, 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.Citizens for Clean Air v. Com.0468-91-4412 S.E.2d 7151991-12-17https://www.courtlistener.com/opinion/1410389/citizens-for-clean-air-v-com/ . . . pursuant to regulations it has adopted under Code § 10.1-1308 to abate, control, or prohibit air . . . <abbr title="Court of Appeals">COA</abbr>Appalachian Voices v. Air Pollution Ctrl2199092693 S.E.2d 2952010-05-25https://www.courtlistener.com/opinion/1062189/appalachian-voices-v-air-pollution-ctrl/ . . . pollution throughout the Commonwealth. Code § 10.1-1308. . . . <abbr title="Court of Appeals">COA</abbr>http://law.lis.virginia.gov/vacode/10.1-1308/10.1-1308.01Qualified fumigation facilities/10.1-1308.01/2.2-4000Short title; purpose/2.2-4000/2.2-4100Short title; purpose of chapter; declaration of policy/2.2-4100//10.1-1308/10.1/II/13/1/10.1-130810.1-1187.610.1-130710.1-1322.3The 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.).sectionAA1Any 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.sectionBB1Any 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.sectionCC1No regulation of the Board shall require permits for the construction or operation of qualified fumigation facilities, as defined in § 10.1-1308.01.sectionDD1