{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-51.25.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-51.25.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-51.25.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-51.25.html"}],"law_id":68926,"edition_id":1,"section_id":68926,"structure_id":14066,"section_number":"40.1-51.25","catch_line":"Safety and Health Codes Board to formulate rules, regulations, etc","history":"1992, c. 541.","full_text":"A\n\nThe Board is authorized to formulate definitions, rules, regulations and standards which shall be designed to ensure the proper demolition and renovation of asbestos facilities and effect compliance with the asbestos NESHAP requirements of the federal Environmental Protection Agency. Such standards shall be at least as stringent as the asbestos regulations passed pursuant to &#xA7; 112 of the Clean Air Act. The regulations shall not promote or encourage any substantial degradation of present air quality in any air basin or region which has an air quality superior to that stipulated in the regulations of the Department of Air Pollution Control. Any regulations adopted by the Board to have general effect in part or all of the Commonwealth shall be filed in accordance with the Virginia Register Act (&#xA7; 2.2-4100 et seq.).B\n\nThe Board in making regulations and in approving variances, 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; and4\n\nThe scientific and economic practicality of reducing or eliminating the discharge resulting from such activity.","order_by":null,"text":{"0":{"id":249541,"text":"The Board is authorized to formulate definitions, rules, regulations and standards which shall be designed to ensure the proper demolition and renovation of asbestos facilities and effect compliance with the asbestos NESHAP requirements of the federal Environmental Protection Agency. Such standards shall be at least as stringent as the asbestos regulations passed pursuant to &#xA7; 112 of the Clean Air Act. The regulations shall not promote or encourage any substantial degradation of present air quality in any air basin or region which has an air quality superior to that stipulated in the regulations of the Department of Air Pollution Control. Any regulations adopted by the Board to have general effect in part or all of the Commonwealth shall be filed in accordance with the Virginia Register Act (&#xA7; 2.2-4100 et seq.).","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":249542,"text":"The Board in making regulations and in approving variances, 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":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":249543,"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":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":249544,"text":"The social and economic value of the activity involved;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":249545,"text":"The suitability of the activity to the area in which it is located; and","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":249546,"text":"The scientific and economic practicality of reducing or eliminating the discharge resulting from such activity.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3"}},"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}],"previous_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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-51.25\/","history_text":"<p>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":false,"refers_to":[{"id":84745,"section_number":"2.2-4100","catch_line":"Short title; purpose of chapter; declaration of policy","order_by":null,"url":"\/2.2-4100\/"}],"permalink":{"id":220309,"object_type":"law","relational_id":68926,"identifier":"40.1-51.25","token":"40.1\/3.3\/40.1-51.25","url":"\/40.1-51.25\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-51.25\/","token":"40.1\/3.3\/40.1-51.25","dublin_core":{"Title":"Safety and Health Codes Board to formulate rules, regulations, etc","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-51.25","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The <span class=\"dictionary\">Board<\/span> is authorized to formulate definitions, rules, regulations and standards which shall be designed to ensure the proper demolition and renovation of <span class=\"dictionary\">asbestos<\/span> facilities and effect compliance with the <span class=\"dictionary\">asbestos<\/span> <span class=\"dictionary\">NESHAP<\/span> requirements of the federal Environmental Protection Agency. Such standards shall be at least as stringent as the <span class=\"dictionary\">asbestos<\/span> regulations passed pursuant to &#xA7; 112 of the Clean Air Act. The regulations shall not promote or encourage any substantial degradation of present air quality in any air basin or region which has an air quality superior to that stipulated in the regulations of the <span class=\"dictionary\">Department<\/span> of Air Pollution Control. Any regulations adopted by the <span class=\"dictionary\">Board<\/span> to have general effect in part or all of the Commonwealth shall be filed in accordance with the Virginia Register Act (&#xA7; <a class=\"law\" title=\"Short title; purpose of chapter; declaration of policy\" href=\"\/2.2-4100\/\">2.2-4100<\/a> et seq.). <a id=\"paragraph-249541\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/40.1-51.25\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The <span class=\"dictionary\">Board<\/span> in making regulations and in approving variances, and the <span class=\"dictionary\">courts<\/span> in granting injunctive relief under the provisions of this chapter, shall consider <span class=\"dictionary\">facts<\/span> and circumstances relevant to the reasonableness of the activity involved and the regulations proposed to control it, including: <a id=\"paragraph-249542\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/40.1-51.25\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">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; <a id=\"paragraph-249543\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/40.1-51.25\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The social and economic value of the activity involved; <a id=\"paragraph-249544\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/40.1-51.25\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The suitability of the activity to the area in which it is located; and <a id=\"paragraph-249545\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/40.1-51.25\/#B3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> The scientific and economic practicality of reducing or eliminating the discharge resulting from such activity. <a id=\"paragraph-249546\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/40.1-51.25\/#B4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nSAFETY AND HEALTH CODES BOARD TO FORMULATE RULES, REGULATIONS, ETC (\u00a7\n40.1-51.25)\n\nA. The Board is authorized to formulate definitions, rules, regulations and\nstandards which shall be designed to ensure the proper demolition and renovation\nof asbestos facilities and effect compliance with the asbestos NESHAP\nrequirements of the federal Environmental Protection Agency. Such standards\nshall be at least as stringent as the asbestos regulations passed pursuant to\n&#xA7; 112 of the Clean Air Act. The regulations shall not promote or encourage\nany substantial degradation of present air quality in any air basin or region\nwhich has an air quality superior to that stipulated in the regulations of the\nDepartment of Air Pollution Control. Any regulations adopted by the Board to\nhave general effect in part or all of the Commonwealth shall be filed in\naccordance with the Virginia Register Act (&#xA7; 2.2-4100 et seq.).\n\nB. The Board in making regulations and in approving variances, and the courts in\ngranting injunctive relief under the provisions of this chapter, shall consider\nfacts and circumstances relevant to the reasonableness of the activity involved\nand the regulations proposed to control 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; and\n\n   4. The scientific and economic practicality of reducing or eliminating the\n   discharge resulting from such activity.\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}}