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Virginia Administrative Code
Title 9. Environment
Agency 5. State Air Pollution Control Board
Chapter 170. Regulation for General Administration
9/25/2020

9VAC5-170-180. General Provisions.

Part VII
Delegation of Authority

A. In accordance with the Virginia Air Pollution Control Law and the Administrative Process Act, the board confers upon the director the administrative, enforcement, and decision-making powers as are set forth in this part. The board reserves the right to exercise its authority in any of the following delegated powers should it choose to do so, except as limited by §§ 10.1-1322 and 10.1-1322.01 of the Code of Virginia.

B. The director is delegated the authority to act within the scope of the Virginia Air Pollution Control Law and the regulations of the board and for the board when it is not in session except for the authority to:

1. Control and regulate the internal affairs of the board;

2. Approve proposed regulations for public comment and adopt final regulations;

3. Grant variances to regulations;

4. Approve amendments to a policy or procedure approved by the board except as may be otherwise provided;

5. Appoint people to the State Advisory Board on Air Pollution;

6. Create local air pollution control districts and appoint representatives; and

7. Approve local ordinances except those that pertain solely to open burning.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Volume 14, Issue 03, eff. January 1, 1998; amended, Virginia Register Volume 25, Issue 06, eff. December 31, 2008.

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