Virginia Regulatory Town Hall
Department of Environmental Quality
Air Pollution Control Board
Existing Stationary Sources [9 VAC 5 ‑ 40]
Review 1052
Periodic Review of this Chapter
Includes a Small Business Impact Review
Date Filed: 9/6/2011
Notice of Periodic Review
Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2.-4017 of the Code of Virginia, the Department of Environmental Quality is conducting a periodic review of portions of the Regulations for the Control and Abatement of Air Pollution, specifically, certain regulations of 9VAC5-40, Existing Stationary Sources. The purpose of the regulations is to control emissions from specific types of existing stationary sources to protect human health and the environment. The specific regulations being reviewed are as follows: Part I- Special Provisions; Part II- Emission Standards Article 2, Odor; Article 4, General Process Operations; Article 8, Fuel Burning Equipment; Article 15, Coal Preparation Plants; Article 37, Petroleum Liquid Storage and Transfer Operations;
Article 43, Municipal Solid Waste Landfills; Article 46, Small Municipal Waste Combustors; Article 47, Solvent Cleaning; Article 48, Mobile Equipment Repair and Refinishing; Article 52, Case-by-case BART Determinations; Article 53, Lithographic Printing Processes; and Article 54, Large Municipal Waste Combustors. The regulations may be viewed on the DEQ air regulation web page:

The review of this regulation will be guided by the principles in Executive Order 14 (2010) ( and § 2.2-4007.1 of the Code of Virginia (

The purpose of this review is to determine whether these regulations should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to these regulations, including whether (i) the regulations are effective in achieving its goals;(ii) the regulations are necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (iii) there are available alternatives for achieving the purpose of the regulations; (iv) the regulation minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (v) the regulations are clearly written and easily understandable.

The comment period begins September 26, 2011 and ends on October 17, 2011.

Comments may be submitted online to the Virginia Regulatory Town Hall at Comments may also be sent to Karen G. Sabasteanski, Policy Analyst, 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 804.698.4426, 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 9/26/2011
Comment Period begins on the publication date and ends on 10/17/2011

Comments Received: 0

Review Result
Retain the regulation with no changes
pdf TH-07 Periodic Review Report of Findings   (11/15/2011)
Attorney General Certification
Prior to early 2014, AG periodic review certifications were done off-line