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Agency
Department of Environmental Quality
Board
Air Pollution Control Board
chapter
Regulation for Emissions Trading [9 VAC 5 ‑ 140]
This action is part of the regulatory reform initiative.
Action:
Repeal of Hg Budget Trading Program for Coal Fired Electric Steam Generating Units [Rev. (K11)]
 
General Information
Action Summary The Virginia State Air Pollution Control Board adopted its final regulation to implement the federal Clean Air Mercury Rule (CAMR) program on January 16, 2007. The regulation was published in the Virginia Register on March 5, 2007 and became effective on April 4, 2007. On February 8, 2008, the District of Columbia Circuit Court of Appeals, in a unanimous decision, vacated CAMR, and the associated New Source Performance Standard (NSPS). In the decision, the DC Circuit Court found that EPA's action to remove oil- and coal-fired electric generating units (EGUs) from the list of source categories to be regulated under the Clean Air Act §112 did not comply with the requirements of the statute. CAMR was vacated because the court determined that EGUs must be regulated under CAA §112 standards, rather than the §111-based standards (NSPS). The vacatur was mandated by the Court on March 14, 2008 and the associated mercury rules are no longer effective at the federal level. Because the underlying federal rule has been vacated, there is no longer a basis on which the state rule can operate, thus rendering the state rule unnecessary and inconsistent with the federal program.
Chapters Affected Only affects this chapter.
Exempt from APA No, this action is subject to the Administrative Process Act and the standard executive branch review process.
RIS Project Yes  [003019]
 
Stages
Stages associated with this regulatory action.
Stage ID Stage Type Status
6073 Fast-Track Stage complete. This regulation became effective on 9/27/2012.
 
Contact Information
Name / Title: Mary E. Major 
Address: 629 East Main Street
P.O. Box 1105
Richmond, VA 23218
Email Address: mary.major@deq.virginia.gov
Phone: (804)698-4423    FAX: (804)698-4510    TDD: ()-