Agencies | Governor
Virginia Regulatory Town Hall
Agency
Department of Environmental Quality
Board
Air Pollution Control Board
chapter
Existing Stationary Sources [9 VAC 5 ‑ 40]
 
Review 574
 
Periodic Review of this Chapter
Includes a Small Business Impact Review
Date Filed: 1/1/2001
Review Announcement
Pursuant to Executive Order 25(98), the Department of Environmental Quality, on behalf of the State Air Pollution Control Board, will review the regulations listed below. The purpose of the review is to determine whether the regulations should be terminated, amended, or retained in their current form. The review of the regulations will be guided by the principles listed in Executive Order 25(98).

The department and the board are seeking comment regarding whether the regulations meet their established goals and whether the regulations are written clearly and easily understandable by affected persons.

The regulation establishes emission standards, consisting of emission limits and control technology requirements, and other requirements which control levels of criteria, designated and welfare-related pollutants being emitted into the ambient air. Also, it establishes source surveillance requirements which (i) provide the enforcement basis, specify test methods and procedures, and specify procedures for continuous or process parameter monitoring for determining compliance with the emission standards; and (ii) require the owner to provide certain notifications, records and reports in order that the Department may determine compliance with emission standards and other applicable requirements.

The goals of the regulation are to: (i) protect public health and/or welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth; (ii) ensure that owners comply with air pollution emission limits and control technology requirements in order to control levels of criteria and designated pollutants being emitted into the ambient air; (iii) prohibit emissions which would contribute to nonattainment of any air quality standard or interference with maintenance of any standard, or adversely impact public health and/or welfare; (iv) enable the Department to carry out source surveillance and compliance activities; (v) prevent the release of hazardous air pollutants and to prevent the creation of a nuisance from open burning; and (vi) enhance the ability of local governments to regulate open burning.

The specific articles of 9 VAC 5 Chapter 40 on which the department is seeking comment are listed below:

ARTICLE 2, ODOR
ARTICLE 5, SYNTHESIZED PHARMACEUTICAL PRODUCTS MANUFACTURING OPERATIONS
ARTICLE 6, RUBBER TIRE MANUFACTURING OPERATIONS
ARTICLE 7, INCINERATORS
ARTICLE 9, COKE OVENS
ARTICLE 10, ASPHALT CONCRETE PLANTS
ARTICLE 11, PETROLEUM REFINERY OPERATIONS
ARTICLE 12, CHEMICAL FERTILIZER MANUFACTURING OPERATIONS
ARTICLE 14, SAND AND GRAVEL PROCESSING OPERATIONS AND STONE QUARRYING AND PROCESSING OPERATIONS
ARTICLE 15, COAL PREPARATION PLANTS
ARTICLE 16, PORTLAND CEMENT PLANTS
ARTICLE 17, WOODWORKING OPERATIONS
ARTICLE 18, PRIMARY AND SECONDARY METAL OPERATIONS
ARTICLE 19, LIGHTWEIGHT AGGREGATE PROCESS OPERATIONS
ARTICLE 20, FEED MANUFACTURING OPERATIONS
ARTICLE 21, SULFURIC ACID PRODUCTION UNITS
ARTICLE 22, SULFUR RECOVERY OPERATIONS
ARTICLE 23, NITRIC ACID PRODUCTION UNITS
ARTICLE 24, SOLVENT METAL CLEANING OPERATIONS
ARTICLE 25, VOLATILE ORGANIC COMPOUND STORAGE AND TRANSFER OPERATIONS
ARTICLE 26, LARGE APPLIANCE COATING APPLICATION SYSTEMS
ARTICLE 27, MAGNET WIRE COATING APPLICATION SYSTEMS
ARTICLE 28, AUTOMOBILE AND LIGHT DUTY TRUCK COATING APPLICATION SYSTEMS
ARTICLE 29, CAN COATING APPLICATION SYSTEMS
ARTICLE 30, METAL COIL COATING APPLICATION SYSTEMS
ARTICLE 31, PAPER AND FABRIC COATING APPLICATION SYSTEMS
ARTICLE 32, VINYL COATING APPLICATION SYSTEMS
ARTICLE 33, METAL FURNITURE COATING APPLICATION SYSTEMS
ARTICLE 34, MISCELLANEOUS METAL PARTS AND PRODUCTS COATING APPLICATION SYSTEMS
ARTICLE 35, FLATWOOD PANELING COATING APPLICATION SYSTEMS
ARTICLE 36, GRAPHIC ARTS PRINTING PROCESSES
ARTICLE 39, ASPHALT PAVING OPERATIONS
ARTICLE 40, OPEN BURNING
ARTICLE 45, LITHOGRAPHIC PRINTING PROCESSES

Comments on the above will be accepted until 4:30 p.m., February 1, 2001. Comments may be submitted by mail, facsimile transmission, email, and must be submitted to Robert A. Mann, Director, Office of Air Regulatory Development, Department of Environmental Quality, P.O. Box 10009, Richmond, Virginia 23240 (email: ramann@deq.state.va.us) (fax number 804-698-4510). Comments by facsimile transmission will be accepted only if followed by receipt of the signed original within one week. Comments by email will be accepted only if the name, address, and phone number of the commenter are included.
Public Comment Period
Begin Date: 1/1/2001      End Date: 2/1/2001

Comments Received: 0

Review Result
Retain the regulation with no changes
pdf TH-07 Periodic Review Report of Findings   (4/2/2001)
Attorney General Certification
Prior to early 2014, AG periodic review certifications were done off-line