                                 CODE OF VIRGINIA

SAFETY AND HEALTH CODES BOARD TO FORMULATE RULES, REGULATIONS, ETC (§
40.1-51.25)

A. 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.).

B. 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:

   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; and

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

HISTORY: 1992, c. 541.