Agencies | Governor
Virginia Regulatory Town Hall
Department of Environmental Quality
Air Pollution Control Board
Regulation for Emissions Trading [9 VAC 5 ‑ 140]
This action is exempt from the executive branch review process.
Amendment of the CAIR Regulation (Rev. K07)
General Information
Action Summary This action amends the definitions of “CAIR NOx Annual Trading Program”, “CAIR NOx Ozone Season Trading Program”, “CAIR SO2 Trading Program”, and “Permitting authority” in 9 VAC 5-140-1020, 9 VAC 5-140-2020, and 9 VAC 5-140-3020 have been amended to clarify that they are not intended to create trading programs only for sources geographically located within the borders of the Commonwealth of Virginia; the definition of “Most stringent state or federal NOx emissions limitation” in 9 VAC 5-140-1020, 9 VAC 5-140-2020, and 9 VAC 5-140-3020 to clarify that the primary fuel, where it is not designated in the permit, is the fuel that would result in the lowest emission rate; and the definition of “Cogeneration unit” in 9 VAC 5-140-1020, 9 VAC 5-140-2020, and 9 VAC 5-140-3020 so that most units co-firing biomass will be exempt from CAIR.
Chapters Affected Only affects this chapter.
Exempt from APA Yes, this action is exempt from Article II of the APA and executive branch review.
Exempt Citation: Section 2.2-4006 A 4 c of the Code of Virginia
RIS Project Yes  [001686]
Note This action is not intended to satisfy the requirement that an entire regulation be reviewed every 4 years.
Stages associated with this regulatory action.
Stage ID Stage Type Status
4994 Final Stage complete. This regulation became effective on 3/18/2009.
Contact Information
Name / Title: Mary E. Major 
Address: 629 East Main Street
P.O. Box 1105
Richmond, VA 23218
Email Address:
Phone: (804)698-4423    FAX: ()-    TDD: ()-