{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1307.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1307.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1307.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1307.html"}],"law_id":74498,"edition_id":1,"section_id":74498,"structure_id":12861,"section_number":"10.1-1307","catch_line":"Further powers and duties of Board and Department","history":"1966, c. 497, \u00a7\u00a7 10-17.16, 10-17.18; 1968, c. 311; 1969, Ex. Sess., c. 8; 1970, c. 469; 1972, c. 781; 1973, c. 251; 1977, c. 31; 1980, c. 469; 1984, c. 734; 1988, cc. 26, 891; 1990, c. 231; 2004, c. 650; 2015, c. 471; 2021, Sp. Sess. I, c. 263; 2022, c. 356.","full_text":"A\n\nThe Board shall have the power to control and regulate its internal affairs. The Department shall have the power to initiate and supervise research programs to determine the causes, effects, and hazards of air pollution; initiate and supervise statewide programs of air pollution control education; cooperate with and receive money from the federal government or any county or municipal government, and receive money from any other source, whether public or private; develop a comprehensive program for the study, abatement, and control of all sources of air pollution in the Commonwealth; and advise, consult, and cooperate with agencies of the United States and all agencies of the Commonwealth, political subdivisions, private industries, and any other affected groups in furtherance of the purposes of this chapter.B\n\nThe Board may adopt by regulation emissions standards controlling the release into the atmosphere of air pollutants from motor vehicles, only as provided in § 10.1-1307.05 and Article 22 (§ 46.2-1176 et seq.) of Chapter 10 of Title 46.2.C\n\nAfter any regulation has been adopted by the Board pursuant to § 10.1-1308, the Department may grant local variances therefrom, if it finds after an investigation and hearing that local conditions warrant; except that no local variances shall be granted from regulations adopted by the Board pursuant to § 10.1-1308 related to the requirements of subsection E of § 10.1-1308 or Article 4 (§ 10.1-1329 et seq.). If local variances are permitted, the Department shall issue an order to this effect. Such order shall be subject to revocation or amendment at any time if the Department, after a hearing, determines that the amendment or revocation is warranted. Variances and amendments to variances shall be adopted only after a public hearing has been conducted pursuant to the public advertisement of the subject, date, time, and place of the hearing at least 30 days prior to the scheduled hearing. The hearing shall be conducted to give the public an opportunity to comment on the variance.D\n\nAfter the Board has adopted the regulations provided for in § 10.1-1308, the Department shall have the power to (i) initiate and receive complaints as to air pollution; (ii) hold or cause to be held hearings and enter orders diminishing or abating the causes of air pollution and orders to enforce the Board’s regulations pursuant to § 10.1-1309; and (iii) institute legal proceedings, including suits for injunctions for the enforcement of orders, regulations, and the abatement and control of air pollution and for the enforcement of penalties.E\n\nThe Board in making regulations; the Department in approving variances, control programs, or permits; and the courts in granting injunctive relief under the provisions of this chapter, shall consider facts and circumstances relevant to the reasonableness of the activity involved and the regulations proposed to control it, including:1\n\nThe character and degree of injury to, or interference with, safety, health, or the reasonable use of property which is caused or threatened to be caused;2\n\nThe social and economic value of the activity involved;3\n\nThe suitability of the activity to the area in which it is located, except that consideration of this factor shall be satisfied if the local governing body of a locality in which a facility or activity is proposed has resolved that the location and operation of the proposed facility or activity is suitable to the area in which it is located; and4\n\nThe scientific and economic practicality of reducing or eliminating the discharge resulting from such activity.F\n\nThe Department shall conduct the hearings provided for in this chapter.G\n\nThe Board shall not:1\n\nAdopt any regulation limiting emissions from wood heaters; or2\n\nEnforce against a manufacturer, distributor, or consumer any federal regulation limiting emissions from wood heaters adopted after May 1, 2014.H\n\nThe Department shall submit an annual report to the Governor and General Assembly on or before October 1 of each year on matters relating to the Commonwealth’s air pollution control policies and on the status of the Commonwealth’s air quality.I\n\nIn granting a permit pursuant to this section, the Department shall provide in writing a clear and concise statement of the legal basis, scientific rationale, and justification for the decision reached. When the decision of the Department is to deny a permit, pursuant to this section, the Department shall, in consultation with legal counsel, provide a clear and concise statement explaining the reason for the denial, the scientific justification for the same, and how the Department’s decision is in compliance with applicable laws and regulations. Copies of the decision, certified by the Director, shall be mailed by certified mail to the permittee or applicant.","order_by":null,"text":{"0":{"id":267744,"text":"The Board shall have the power to control and regulate its internal affairs. The Department shall have the power to initiate and supervise research programs to determine the causes, effects, and hazards of air pollution; initiate and supervise statewide programs of air pollution control education; cooperate with and receive money from the federal government or any county or municipal government, and receive money from any other source, whether public or private; develop a comprehensive program for the study, abatement, and control of all sources of air pollution in the Commonwealth; and advise, consult, and cooperate with agencies of the United States and all agencies of the Commonwealth, political subdivisions, private industries, and any other affected groups in furtherance of the purposes of this chapter.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":267745,"text":"The Board may adopt by regulation emissions standards controlling the release into the atmosphere of air pollutants from motor vehicles, only as provided in § 10.1-1307.05 and Article 22 (§ 46.2-1176 et seq.) of Chapter 10 of Title 46.2.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":267746,"text":"After any regulation has been adopted by the Board pursuant to § 10.1-1308, the Department may grant local variances therefrom, if it finds after an investigation and hearing that local conditions warrant; except that no local variances shall be granted from regulations adopted by the Board pursuant to § 10.1-1308 related to the requirements of subsection E of § 10.1-1308 or Article 4 (§ 10.1-1329 et seq.). If local variances are permitted, the Department shall issue an order to this effect. Such order shall be subject to revocation or amendment at any time if the Department, after a hearing, determines that the amendment or revocation is warranted. Variances and amendments to variances shall be adopted only after a public hearing has been conducted pursuant to the public advertisement of the subject, date, time, and place of the hearing at least 30 days prior to the scheduled hearing. The hearing shall be conducted to give the public an opportunity to comment on the variance.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":267747,"text":"After the Board has adopted the regulations provided for in § 10.1-1308, the Department shall have the power to (i) initiate and receive complaints as to air pollution; (ii) hold or cause to be held hearings and enter orders diminishing or abating the causes of air pollution and orders to enforce the Board’s regulations pursuant to § 10.1-1309; and (iii) institute legal proceedings, including suits for injunctions for the enforcement of orders, regulations, and the abatement and control of air pollution and for the enforcement of penalties.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":267748,"text":"The Board in making regulations; the Department in approving variances, control programs, or permits; and the courts in granting injunctive relief under the provisions of this chapter, shall consider facts and circumstances relevant to the reasonableness of the activity involved and the regulations proposed to control it, including:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":267749,"text":"The character and degree of injury to, or interference with, safety, health, or the reasonable use of property which is caused or threatened to be caused;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":267750,"text":"The social and economic value of the activity involved;","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"7":{"id":267751,"text":"The suitability of the activity to the area in which it is located, except that consideration of this factor shall be satisfied if the local governing body of a locality in which a facility or activity is proposed has resolved that the location and operation of the proposed facility or activity is suitable to the area in which it is located; and","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"8":{"id":267752,"text":"The scientific and economic practicality of reducing or eliminating the discharge resulting from such activity.","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"F"},"9":{"id":267753,"text":"The Department shall conduct the hearings provided for in this chapter.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E4","next_prefix":"G"},"10":{"id":267754,"text":"The Board shall not:","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"G1"},"11":{"id":267755,"text":"Adopt any regulation limiting emissions from wood heaters; or","type":"section","prefixes":["G","1"],"prefix":"1","entire_prefix":"G1","prefix_anchor":"G1","level":2,"prior_prefix":"G","next_prefix":"G2"},"12":{"id":267756,"text":"Enforce against a manufacturer, distributor, or consumer any federal regulation limiting emissions from wood heaters adopted after May 1, 2014.","type":"section","prefixes":["G","2"],"prefix":"2","entire_prefix":"G2","prefix_anchor":"G2","level":2,"prior_prefix":"G1","next_prefix":"H"},"13":{"id":267757,"text":"The Department shall submit an annual report to the Governor and General Assembly on or before October 1 of each year on matters relating to the Commonwealth’s air pollution control policies and on the status of the Commonwealth’s air quality.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G2","next_prefix":"I"},"14":{"id":267758,"text":"In granting a permit pursuant to this section, the Department shall provide in writing a clear and concise statement of the legal basis, scientific rationale, and justification for the decision reached. When the decision of the Department is to deny a permit, pursuant to this section, the Department shall, in consultation with legal counsel, provide a clear and concise statement explaining the reason for the denial, the scientific justification for the same, and how the Department’s decision is in compliance with applicable laws and regulations. Copies of the decision, certified by the Director, shall be mailed by certified mail to the permittee or applicant.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":12861,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12860,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":145653,"object_type":"structure","relational_id":12861,"identifier":"1","token":"10.1\/II\/13\/1","url":"\/10.1\/II\/13\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12860,"edition_id":1,"name":"Air Pollution Control Board","identifier":"13","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":145651,"object_type":"structure","relational_id":12860,"identifier":"13","token":"10.1\/II\/13","url":"\/10.1\/II\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12741,"edition_id":1,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":144833,"object_type":"structure","relational_id":12741,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77830,"structure_id":12861,"section_number":"10.1-1300","catch_line":"Definitions","url":"\/10.1-1300\/","token":"10.1\/II\/13\/1\/10.1-1300","metadata":false},{"id":63039,"structure_id":12861,"section_number":"10.1-1300.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/10.1-1300.1\/","token":"10.1\/II\/13\/1\/10.1-1300.1","metadata":false},{"id":69548,"structure_id":12861,"section_number":"10.1-1301","catch_line":"State Air Pollution Control Board; membership; terms; vacancies","url":"\/10.1-1301\/","token":"10.1\/II\/13\/1\/10.1-1301","metadata":false},{"id":84212,"structure_id":12861,"section_number":"10.1-1302","catch_line":"Qualifications of members of Board","url":"\/10.1-1302\/","token":"10.1\/II\/13\/1\/10.1-1302","metadata":false},{"id":60558,"structure_id":12861,"section_number":"10.1-1303","catch_line":"Chairman of the Board; Executive Director; cooperation of state agencies","url":"\/10.1-1303\/","token":"10.1\/II\/13\/1\/10.1-1303","metadata":false},{"id":60398,"structure_id":12861,"section_number":"10.1-1304","catch_line":"Meetings of Board; quorum","url":"\/10.1-1304\/","token":"10.1\/II\/13\/1\/10.1-1304","metadata":false},{"id":82080,"structure_id":12861,"section_number":"10.1-1305","catch_line":"Records of proceedings of Board","url":"\/10.1-1305\/","token":"10.1\/II\/13\/1\/10.1-1305","metadata":false},{"id":82195,"structure_id":12861,"section_number":"10.1-1306","catch_line":"Inspections, investigations, etc","url":"\/10.1-1306\/","token":"10.1\/II\/13\/1\/10.1-1306","metadata":false},{"id":74498,"structure_id":12861,"section_number":"10.1-1307","catch_line":"Further powers and duties of Board and Department","url":"\/10.1-1307\/","token":"10.1\/II\/13\/1\/10.1-1307","metadata":false},{"id":56548,"structure_id":12861,"section_number":"10.1-1307.01","catch_line":"Further duties of Board and Department; 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localities particularly affected","url":"\/10.1-1307.01\/","token":"10.1\/II\/13\/1\/10.1-1307.01","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1307\/","history_text":"

This law was first created in 1966. The record of its establishment is cataloged in chapter 497 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1966 \u201cActs\u201d aren\u2019t available online. It has been modified 12 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1968, chapter 311; in 1970, chapter 469; in 1972, chapter 781; in 1973, chapter 251; in 1977, chapter 31; in 1980, chapter 469; in 1984, chapter 734; in 1988, chapters 26 and 891; in 1990, chapter 231; in 2004, chapter 650<\/a>; in 2015, chapter 471<\/a>; in 2022, chapter 356<\/a>.<\/p>","references":[{"id":83890,"section_number":"10.1-1183.1","catch_line":"Department of Environmental Quality consolidated annual report","order_by":null,"url":"\/10.1-1183.1\/"},{"id":77963,"section_number":"10.1-1307.04","catch_line":"Greenhouse gas emissions inventory","order_by":null,"url":"\/10.1-1307.04\/"},{"id":73292,"section_number":"10.1-1309","catch_line":"Issuance of special orders; civil penalties","order_by":null,"url":"\/10.1-1309\/"},{"id":85596,"section_number":"10.1-1318","catch_line":"Appeal from decision of Department","order_by":null,"url":"\/10.1-1318\/"}],"refers_to":[{"id":77934,"section_number":"10.1-1307.05","catch_line":"Low-emissions and zero-emissions vehicle standards","order_by":null,"url":"\/10.1-1307.05\/"},{"id":57864,"section_number":"10.1-1308","catch_line":"Regulations","order_by":null,"url":"\/10.1-1308\/"},{"id":73292,"section_number":"10.1-1309","catch_line":"Issuance of special orders; civil penalties","order_by":null,"url":"\/10.1-1309\/"},{"id":67912,"section_number":"10.1-1329","catch_line":" Definitions","order_by":null,"url":"\/10.1-1329\/"},{"id":80818,"section_number":"46.2-1176","catch_line":"Definitions","order_by":null,"url":"\/46.2-1176\/"}],"permalink":{"id":145687,"object_type":"law","relational_id":74498,"identifier":"10.1-1307","token":"10.1\/II\/13\/1\/10.1-1307","url":"\/10.1-1307\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1307\/","token":"10.1\/II\/13\/1\/10.1-1307","dublin_core":{"Title":"Further powers and duties of Board and Department","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1307","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span> shall have the power to control and regulate its internal affairs. The Department<\/span> shall have the power to initiate and supervise research programs to determine the causes, effects, and hazards of air pollution<\/span>; initiate and supervise statewide programs of air pollution<\/span> control education; cooperate with and receive money from the federal government or any county or municipal government, and receive money from any other source, whether public or private; develop a comprehensive program for the study, abatement, and control of all sources of air pollution<\/span> in the Commonwealth; and advise, consult, and cooperate with agencies of the United States and all agencies of the Commonwealth, political subdivisions, private industries, and any other affected groups in furtherance of the purposes of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board<\/span> may adopt by regulation emissions standards controlling the release into the atmosphere of air pollutants from motor vehicles, only as provided in § 10.1-1307.05<\/a> and Article 22 (§ 46.2-1176<\/a> et seq.) of Chapter 10 of Title 46.2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> After any regulation has been adopted by the Board<\/span> pursuant to § 10.1-1308<\/a>, the Department<\/span> may grant local variances therefrom, if it finds after an investigation and hearing<\/span> that local conditions warrant; except that no local variances shall be granted from regulations adopted by the Board<\/span> pursuant to § 10.1-1308<\/a> related to the requirements of subsection E of § 10.1-1308<\/a> or Article 4 (§ 10.1-1329<\/a> et seq.). If local variances are permitted, the Department<\/span> shall issue<\/span> an order<\/span> to this effect. Such order<\/span> shall be subject to revocation<\/span> or amendment at any time if the Department<\/span>, after a hearing<\/span>, determines that the amendment or revocation<\/span> is warranted. Variances and amendments to variances shall be adopted only after a public hearing<\/span> has been conducted pursuant to the public advertisement of the subject, date, time, and place of the hearing<\/span> at least 30 days prior to the scheduled hearing<\/span>. The hearing<\/span> shall be conducted to give the public an opportunity to comment on the variance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> After the Board<\/span> has adopted the regulations provided for in § 10.1-1308<\/a>, the Department<\/span> shall have the power to (i) initiate and receive complaints as to air pollution<\/span>; (ii) hold or cause to be held hearings<\/span> and enter orders<\/span> diminishing or abating the causes of air pollution<\/span> and orders<\/span> to enforce the Board<\/span>’s regulations pursuant to § 10.1-1309<\/a>; and (iii) institute legal proceedings, including suits for injunctions<\/span> for the enforcement of orders<\/span>, regulations, and the abatement and control of air pollution<\/span> and for the enforcement of penalties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Board<\/span> in making regulations; the Department<\/span> in approving variances, control programs, or permits; and the courts<\/span> in granting injunctive relief under the provisions of this chapter, shall consider facts<\/span> and circumstances relevant to the reasonableness of the activity involved and the regulations proposed to control it, including: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The character and degree of injury to, or interference with, safety, health, or the reasonable use of property which is caused or threatened to be caused; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The social and economic value of the activity involved; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The suitability of the activity to the area in which it is located, except that consideration of this factor shall be satisfied if the local governing body of a locality in which a facility or activity is proposed has resolved that the location and operation of the proposed facility or activity is suitable to the area in which it is located; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The scientific and economic practicality of reducing or eliminating the discharge resulting from such activity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Department<\/span> shall conduct the hearings<\/span> provided for in this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The Board<\/span> shall not: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Adopt any regulation limiting emissions from wood heaters<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Enforce against a manufacturer, distributor, or consumer any federal regulation limiting emissions from wood heaters<\/span> adopted after May 1, 2014. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The Department<\/span> shall submit an annual report to the Governor and General Assembly on or before October 1 of each year on matters relating to the Commonwealth’s air pollution<\/span> control policies and on the status of the Commonwealth’s air quality. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> In granting a permit pursuant to this section, the Department<\/span> shall provide in writing a clear and concise statement of the legal basis, scientific rationale, and justification for the decision reached. When the decision of the Department<\/span> is to deny a permit, pursuant to this section, the Department<\/span> shall, in consultation with legal counsel<\/span>, provide a clear and concise statement explaining the reason for the denial, the scientific justification for the same, and how the Department<\/span>’s decision is in compliance with applicable laws<\/span> and regulations. Copies of the decision, certified by the Director<\/span>, shall be mailed by certified mail to the permittee or applicant. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFURTHER POWERS AND DUTIES OF BOARD AND DEPARTMENT (\u00a7 10.1-1307)\n\nA. The Board shall have the power to control and regulate its internal affairs.\nThe Department shall have the power to initiate and supervise research programs\nto determine the causes, effects, and hazards of air pollution; initiate and\nsupervise statewide programs of air pollution control education; cooperate with\nand receive money from the federal government or any county or municipal\ngovernment, and receive money from any other source, whether public or private;\ndevelop a comprehensive program for the study, abatement, and control of all\nsources of air pollution in the Commonwealth; and advise, consult, and cooperate\nwith agencies of the United States and all agencies of the Commonwealth,\npolitical subdivisions, private industries, and any other affected groups in\nfurtherance of the purposes of this chapter.\n\nB. The Board may adopt by regulation emissions standards controlling the release\ninto the atmosphere of air pollutants from motor vehicles, only as provided in\n§ 10.1-1307.05 and Article 22 (§ 46.2-1176 et seq.) of Chapter 10 of\nTitle 46.2.\n\nC. After any regulation has been adopted by the Board pursuant to §\n10.1-1308, the Department may grant local variances therefrom, if it finds after\nan investigation and hearing that local conditions warrant; except that no local\nvariances shall be granted from regulations adopted by the Board pursuant to\n§ 10.1-1308 related to the requirements of subsection E of § 10.1-1308\nor Article 4 (§ 10.1-1329 et seq.). If local variances are permitted, the\nDepartment shall issue an order to this effect. Such order shall be subject to\nrevocation or amendment at any time if the Department, after a hearing,\ndetermines that the amendment or revocation is warranted. Variances and\namendments to variances shall be adopted only after a public hearing has been\nconducted pursuant to the public advertisement of the subject, date, time, and\nplace of the hearing at least 30 days prior to the scheduled hearing. The\nhearing shall be conducted to give the public an opportunity to comment on the\nvariance.\n\nD. After the Board has adopted the regulations provided for in § 10.1-1308,\nthe Department shall have the power to (i) initiate and receive complaints as to\nair pollution; (ii) hold or cause to be held hearings and enter orders\ndiminishing or abating the causes of air pollution and orders to enforce the\nBoard’s regulations pursuant to § 10.1-1309; and (iii) institute\nlegal proceedings, including suits for injunctions for the enforcement of\norders, regulations, and the abatement and control of air pollution and for the\nenforcement of penalties.\n\nE. The Board in making regulations; the Department in approving variances,\ncontrol programs, or permits; and the courts in granting injunctive relief under\nthe provisions of this chapter, shall consider facts and circumstances relevant\nto the reasonableness of the activity involved and the regulations proposed to\ncontrol it, including:\n\n 1. The character and degree of injury to, or interference with, safety,\n health, or the reasonable use of property which is caused or threatened to be\n caused;\n\n 2. The social and economic value of the activity involved;\n\n 3. The suitability of the activity to the area in which it is located, except\n that consideration of this factor shall be satisfied if the local governing\n body of a locality in which a facility or activity is proposed has resolved\n that the location and operation of the proposed facility or activity is\n suitable to the area in which it is located; and\n\n 4. The scientific and economic practicality of reducing or eliminating the\n discharge resulting from such activity.\n\nF. The Department shall conduct the hearings provided for in this chapter.\n\nG. The Board shall not:\n\n 1. Adopt any regulation limiting emissions from wood heaters; or\n\n 2. Enforce against a manufacturer, distributor, or consumer any federal\n regulation limiting emissions from wood heaters adopted after May 1, 2014.\n\nH. The Department shall submit an annual report to the Governor and General\nAssembly on or before October 1 of each year on matters relating to the\nCommonwealth’s air pollution control policies and on the status of the\nCommonwealth’s air quality.\n\nI. In granting a permit pursuant to this section, the Department shall provide\nin writing a clear and concise statement of the legal basis, scientific\nrationale, and justification for the decision reached. When the decision of the\nDepartment is to deny a permit, pursuant to this section, the Department shall,\nin consultation with legal counsel, provide a clear and concise statement\nexplaining the reason for the denial, the scientific justification for the same,\nand how the Department’s decision is in compliance with applicable laws\nand regulations. Copies of the decision, certified by the Director, shall be\nmailed by certified mail to the permittee or applicant.\n\nHISTORY: 1966, c. 497, \u00a7\u00a7 10-17.16, 10-17.18; 1968, c. 311; 1969, Ex. Sess.,\nc. 8; 1970, c. 469; 1972, c. 781; 1973, c. 251; 1977, c. 31; 1980, c. 469; 1984,\nc. 734; 1988, cc. 26, 891; 1990, c. 231; 2004, c. 650; 2015, c. 471; 2021, Sp.\nSess. I, c. 263; 2022, c. 356.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}