Virginia Regulatory Town Hall
Department of Environmental Quality
Air Pollution Control Board
Regulations for the Control of Motor Vehicle Emissions in the Northern Virginia Area [9 VAC 5 ‑ 91]
Action is Exempt from Article 2 of the Administrative Process Act
Mobile Source Exemptions (Revision MP)
Action 4379
General Information
Action Summary Two changes are being made to the Regulation for the Control of Motor Vehicle Emissions in the Northern Virginia Area. The first concerns the exemption for autocycles, as required under Chapter 95 of the 2015 Acts of the Assembly. The second concerns legislation passed in 2006, specifically Chapter 729 of the 2006 Acts of the Assembly. That legislation provided for amendments to §§ 46.2-1177 and 46.2-1180 B which would change the length of a valid enhanced emissions inspection from two to four years for vehicles titled for the first time. However, there was a stipulation in Enactment Clause 2 of Chapter 729 that stated: "2. That the provisions of the act shall become effective upon approval by the Environmental Protection Agency of Virginia's State Implementation Plan for areas of the Commonwealth covered by the vehicle emissions inspection program established pursuant to Article 22 (§ 46.2-1176 et seq.) of Chapter 10 of Title 46.2 of the Code of Virginia, that does not included credit for emissions reductions achieved from testing motor vehicles that are less than four years of age." The SIP was submitted June 12, 2007 and the Environmental Protection Agency's (EPA) action was published on April 10, 2015. In light of the EPA action, the 4 year exemption for a vehicle titled for the first time is now required to be included in the regulation. The department is requesting approval of draft final regulation amendments that meet state regulatory requirements. Approval of the amendments will ensure that the Commonwealth will be able to meet its obligations under the federal Clean Air Act.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: 2.2-4006 A 4 a of the Code of Virginia
RIS Project Yes  [004395]
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
7250 Final Stage complete. This regulation became effective on 08/12/2015.
Contact Information
Name / Title: Mary E. Major 
Address: 629 East Main Street
P.O. Box 1105
Richmond, VA 23218
Email Address:
Phone: (804)698-4423    FAX: (804)698-4510    TDD: ()-