10.1-1308 - Regulations. - Virginia Statutes

§ 10.1-1308. Regulations.

A. The Board, after having studied air pollution in the various areas of theCommonwealth, its causes, prevention, control and abatement, shall have thepower to promulgate regulations, including emergency regulations, abating,controlling and prohibiting air pollution throughout or in any part of theCommonwealth in accordance with the provisions of the Administrative ProcessAct (§ 2.2-4000 et seq.), except that a description of provisions of anyproposed regulation which are more restrictive than applicable federalrequirements, together with the reason why the more restrictive provisionsare needed, shall be provided to the standing committee of each house of theGeneral Assembly to which matters relating to the content of the regulationare most properly referable. No such regulation, shall prohibit the burningof leaves from trees by persons on property where they reside if the localgoverning body of the county, city or town has enacted an otherwise validordinance regulating such burning. The regulations shall not promote orencourage any substantial degradation of present air quality in any air basinor region which has an air quality superior to that stipulated in theregulations. Any regulations adopted by the Board to have general effect inpart or all of the Commonwealth shall be filed in accordance with theVirginia Register Act (§ 2.2-4100 et seq.).

B. Any regulation that prohibits the selling of any consumer product shallnot restrict the continued sale of the product by retailers of any existinginventories in stock at the time the regulation is promulgated.

C. Any regulation requiring the use of stage 1 vapor recovery equipment atgasoline dispensing facilities may be applicable only in areas that have beendesignated at any time by the U.S. Environmental Protection Agency asnonattainment for the pollutant ozone. For purposes of this section, gasolinedispensing facility means any site where gasoline is dispensed to motorvehicle tanks from storage tanks.

(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; 1980, c. 469; 1984, c. 734; 1988,cc. 26, 891; 1993, c. 456; 1997, c. 55; 2005, c. 66; 2006, c. 71.)