{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-51.23.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-51.23.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-51.23.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-51.23.html"}],"law_id":63158,"edition_id":1,"section_id":63158,"structure_id":14066,"section_number":"40.1-51.23","catch_line":"Definitions","history":"1992, c. 541.","full_text":"As used in this chapter, which may be cited as the Virginia Asbestos NESHAP Act, the following terms shall have the meanings set forth in this section unless the context requires a different meaning:\n\t\t“Asbestos” means any material containing more than one percent of asbestos by weight, which is friable or which has a reasonable chance of becoming friable in the course of ordinary or anticipated building use.\n\t\t“Board” means the Safety and Health Codes Board.\n\t\t“Commissioner” means the Commissioner of Labor and Industry or his authorized representative.\n\t\t“Department” means the Department of Labor and Industry.\n\t\t“National Emissions Standards for Hazardous Air Pollutants” or “NESHAP” means those portions of the regulations contained in 40 CFR Part 61 under the federal Clean Air Act which deal with the demolition and renovation of asbestos facilities. The following list of sections of the CFR are included in the Board’s authority but do not limit it: \u00a7\u00a7 61.140; 61.141; 61.145; 61.146; 61.148; 61.150, except subsection (a) (4); 61.154, except subsection (d); and 61.156.\n\t\t“Owner” means any person who owns, leases, operates, controls, or supervises the facility being demolished, renovated, sprayed, or insulated; any person who owns, leases, operates, controls, or supervises the demolition, renovation, spraying, or insulation operation; or both.","order_by":null,"text":{"0":{"id":230315,"text":"As used in this chapter, which may be cited as the Virginia Asbestos NESHAP Act, the following terms shall have the meanings set forth in this section unless the context requires a different meaning:\n\t\t“Asbestos” means any material containing more than one percent of asbestos by weight, which is friable or which has a reasonable chance of becoming friable in the course of ordinary or anticipated building use.\n\t\t“Board” means the Safety and Health Codes Board.\n\t\t“Commissioner” means the Commissioner of Labor and Industry or his authorized representative.\n\t\t“Department” means the Department of Labor and Industry.\n\t\t“National Emissions Standards for Hazardous Air Pollutants” or “NESHAP” means those portions of the regulations contained in 40 CFR Part 61 under the federal Clean Air Act which deal with the demolition and renovation of asbestos facilities. The following list of sections of the CFR are included in the Board’s authority but do not limit it: \u00a7\u00a7 61.140; 61.141; 61.145; 61.146; 61.148; 61.150, except subsection (a) (4); 61.154, except subsection (d); and 61.156.\n\t\t“Owner” means any person who owns, leases, operates, controls, or supervises the facility being demolished, renovated, sprayed, or insulated; any person who owns, leases, operates, controls, or supervises the demolition, renovation, spraying, or insulation operation; or both.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14066,"edition_id":1,"name":"Virginia Asbestos Neshap Act","identifier":"3.3","label":"chapter","depth":2,"order_by":1,"parent_id":12776,"metadata":{},"date_created":"2026-06-26 03:46:46","date_modified":"2026-06-26 03:46:46","permalink":{"id":220299,"object_type":"structure","relational_id":14066,"identifier":"3.3","token":"40.1\/3.3","url":"\/40.1\/3.3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12776,"edition_id":1,"name":"Labor and Employment","identifier":"40.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219723,"object_type":"structure","relational_id":12776,"identifier":"40.1","token":"40.1","url":"\/40.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63158,"structure_id":14066,"section_number":"40.1-51.23","catch_line":"Definitions","url":"\/40.1-51.23\/","token":"40.1\/3.3\/40.1-51.23","metadata":false},{"id":87022,"structure_id":14066,"section_number":"40.1-51.24","catch_line":"Department authorized to enter certain agreements","url":"\/40.1-51.24\/","token":"40.1\/3.3\/40.1-51.24","metadata":false},{"id":68926,"structure_id":14066,"section_number":"40.1-51.25","catch_line":"Safety and Health Codes Board to formulate rules, regulations, etc","url":"\/40.1-51.25\/","token":"40.1\/3.3\/40.1-51.25","metadata":false},{"id":75734,"structure_id":14066,"section_number":"40.1-51.26","catch_line":"Commissioner of Labor and Industry to enforce laws","url":"\/40.1-51.26\/","token":"40.1\/3.3\/40.1-51.26","metadata":false},{"id":55175,"structure_id":14066,"section_number":"40.1-51.27","catch_line":"Inspections, investigations, etc","url":"\/40.1-51.27\/","token":"40.1\/3.3\/40.1-51.27","metadata":false},{"id":68715,"structure_id":14066,"section_number":"40.1-51.28","catch_line":"Issuance of special orders","url":"\/40.1-51.28\/","token":"40.1\/3.3\/40.1-51.28","metadata":false},{"id":83707,"structure_id":14066,"section_number":"40.1-51.29","catch_line":"Decision of Commissioner pursuant to hearing","url":"\/40.1-51.29\/","token":"40.1\/3.3\/40.1-51.29","metadata":false},{"id":71492,"structure_id":14066,"section_number":"40.1-51.30","catch_line":"Appeal to Board","url":"\/40.1-51.30\/","token":"40.1\/3.3\/40.1-51.30","metadata":false},{"id":60762,"structure_id":14066,"section_number":"40.1-51.31","catch_line":"Penalties for noncompliance; judicial review","url":"\/40.1-51.31\/","token":"40.1\/3.3\/40.1-51.31","metadata":false},{"id":72091,"structure_id":14066,"section_number":"40.1-51.32","catch_line":"Owners to furnish plans, specifications and information","url":"\/40.1-51.32\/","token":"40.1\/3.3\/40.1-51.32","metadata":false},{"id":85383,"structure_id":14066,"section_number":"40.1-51.33","catch_line":"Protection of trade secrets","url":"\/40.1-51.33\/","token":"40.1\/3.3\/40.1-51.33","metadata":false},{"id":84167,"structure_id":14066,"section_number":"40.1-51.34","catch_line":"Right of entry","url":"\/40.1-51.34\/","token":"40.1\/3.3\/40.1-51.34","metadata":false},{"id":55498,"structure_id":14066,"section_number":"40.1-51.35","catch_line":"Compelling compliance with regulations and orders of Board; penalty for violations","url":"\/40.1-51.35\/","token":"40.1\/3.3\/40.1-51.35","metadata":false},{"id":84050,"structure_id":14066,"section_number":"40.1-51.36","catch_line":"Judicial review of regulations of Board","url":"\/40.1-51.36\/","token":"40.1\/3.3\/40.1-51.36","metadata":false},{"id":63199,"structure_id":14066,"section_number":"40.1-51.37","catch_line":"Appeal from decision of Board","url":"\/40.1-51.37\/","token":"40.1\/3.3\/40.1-51.37","metadata":false},{"id":57872,"structure_id":14066,"section_number":"40.1-51.38","catch_line":"Appeal to Court of Appeals","url":"\/40.1-51.38\/","token":"40.1\/3.3\/40.1-51.38","metadata":false},{"id":68404,"structure_id":14066,"section_number":"40.1-51.39","catch_line":"Penalties; chapter not to affect right to relief or to maintain action","url":"\/40.1-51.39\/","token":"40.1\/3.3\/40.1-51.39","metadata":false},{"id":68605,"structure_id":14066,"section_number":"40.1-51.40","catch_line":"Duty of attorney for the Commonwealth","url":"\/40.1-51.40\/","token":"40.1\/3.3\/40.1-51.40","metadata":false},{"id":59021,"structure_id":14066,"section_number":"40.1-51.41","catch_line":"Local ordinances","url":"\/40.1-51.41\/","token":"40.1\/3.3\/40.1-51.41","metadata":false}],"next_section":{"id":87022,"structure_id":14066,"section_number":"40.1-51.24","catch_line":"Department authorized to enter certain agreements","url":"\/40.1-51.24\/","token":"40.1\/3.3\/40.1-51.24","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-51.23\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 541 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 1992 \u201cActs\u201d aren\u2019t available online.<\/p>","references":[{"id":69950,"section_number":"40.1-51.20","catch_line":"Duties of licensed asbestos and certified lead contractors","order_by":null,"url":"\/40.1-51.20\/"}],"refers_to":false,"permalink":{"id":220301,"object_type":"law","relational_id":63158,"identifier":"40.1-51.23","token":"40.1\/3.3\/40.1-51.23","url":"\/40.1-51.23\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-51.23\/","token":"40.1\/3.3\/40.1-51.23","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-51.23","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter, which may be cited as the Virginia Asbestos<\/span> NESHAP<\/span> Act, the following terms shall have the meanings set forth in this section unless the context requires a different meaning:\n\t\t“Asbestos<\/span>” means any material<\/span> containing more than one percent of asbestos<\/span> by weight, which is friable or which has a reasonable chance of becoming friable in the course of ordinary or anticipated building use.\n\t\t“Board<\/span>” means the Safety and Health Codes Board<\/span>.\n\t\t“Commissioner<\/span>” means the Commissioner<\/span> of Labor and Industry or his authorized representative.\n\t\t“Department<\/span>” means the Department<\/span> of Labor and Industry.\n\t\t“National Emissions Standards for Hazardous Air Pollutants<\/span>” or “NESHAP<\/span>” means those portions of the regulations contained in 40 CFR Part 61 under the federal Clean Air Act which deal with the demolition and renovation of asbestos<\/span> facilities. The following list of sections of the CFR are included in the Board<\/span>’s authority but do not limit it: \u00a7\u00a7 61.140; 61.141; 61.145; 61.146; 61.148; 61.150, except subsection (a) (4); 61.154, except subsection (d); and 61.156.\n\t\t“Owner<\/span>” means any person who owns, leases, operates, controls, or supervises the facility being demolished, renovated, sprayed, or insulated; any person who owns, leases, operates, controls, or supervises the demolition, renovation, spraying, or insulation operation; or both.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 40.1-51.23)\n\nAs used in this chapter, which may be cited as the Virginia Asbestos NESHAP Act,\nthe following terms shall have the meanings set forth in this section unless the\ncontext requires a different meaning:\n\t\t“Asbestos” means any material containing more than one percent of\nasbestos by weight, which is friable or which has a reasonable chance of\nbecoming friable in the course of ordinary or anticipated building use.\n\t\t“Board” means the Safety and Health Codes Board.\n\t\t“Commissioner” means the Commissioner of Labor and Industry or his\nauthorized representative.\n\t\t“Department” means the Department of Labor and Industry.\n\t\t“National Emissions Standards for Hazardous Air Pollutants” or\n“NESHAP” means those portions of the regulations contained in 40 CFR\nPart 61 under the federal Clean Air Act which deal with the demolition and\nrenovation of asbestos facilities. The following list of sections of the CFR are\nincluded in the Board’s authority but do not limit it: \u00a7\u00a7 61.140;\n61.141; 61.145; 61.146; 61.148; 61.150, except subsection (a) (4); 61.154,\nexcept subsection (d); and 61.156.\n\t\t“Owner” means any person who owns, leases, operates, controls, or\nsupervises the facility being demolished, renovated, sprayed, or insulated; any\nperson who owns, leases, operates, controls, or supervises the demolition,\nrenovation, spraying, or insulation operation; or both.\n\nHISTORY: 1992, c. 541.","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}}