                                 CODE OF VIRGINIA

FURTHER POWERS AND DUTIES OF BOARD AND DEPARTMENT (§ 10.1-1307)

A. 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.

B. The Board may adopt by regulation emissions standards controlling the release
into the atmosphere of air pollutants from motor vehicles, only as provided in
&#xA7; 10.1-1307.05 and Article 22 (&#xA7; 46.2-1176 et seq.) of Chapter 10 of
Title 46.2.

C. After any regulation has been adopted by the Board pursuant to &#xA7;
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
&#xA7; 10.1-1308 related to the requirements of subsection E of &#xA7; 10.1-1308
or Article 4 (&#xA7; 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. After the Board has adopted the regulations provided for in &#xA7; 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&#8217;s regulations pursuant to &#xA7; 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. 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:

   1. 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;

   2. The social and economic value of the activity involved;

   3. 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

   4. The scientific and economic practicality of reducing or eliminating the
   discharge resulting from such activity.

F. The Department shall conduct the hearings provided for in this chapter.

G. The Board shall not:

   1. Adopt any regulation limiting emissions from wood heaters; or

   2. Enforce against a manufacturer, distributor, or consumer any federal
   regulation limiting emissions from wood heaters adopted after May 1, 2014.

H. 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&#8217;s air pollution control policies and on the status of the
Commonwealth&#8217;s air quality.

I. 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&#8217;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.

HISTORY: 1966, c. 497, §§ 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.