Virginia Regulatory Town Hall
Department of Environmental Quality
Air Pollution Control Board
Regulation for Emissions Trading [9 VAC 5 ‑ 140]
Action is Exempt from Article 2 of the Administrative Process Act
NOX Budget Program (Rev. B17)
Action 4915
General Information
Action Summary The transport of nitrogen oxides (NOX) across state lines, which contributes to the formation of ozone, was first addressed by EPA's NOX Budget Trading Program as implemented via the NOX State Implementation Plan (SIP) Call. This program controlled NOX emissions primarily from electric generating units (EGUs) as well as certain types of non-EGUs. In turn, the State Air Pollution Control Board implemented these federal requirements under its own NOX SIP Call Rule (Part I of 9VAC5-140). Subsequently, EPA's NOX SIP Call Rule was superseded by the Clean Air Interstate Rule (CAIR), which was in turn superseded by the Cross-State Air Pollution Rule (CSAPR). Although the state is now subject to CSAPR, and both the NOX SIP Call Rule (with respect to EGUs) and CAIR are no longer in effect, non-EGUs cannot be brought into the Transport Rule trading programs, and the NOX SIP Call regulations applicable to non-EGUs must be retained. The purpose of this action is to remove unnecessary federal requirements while retaining those requirements needed to control emissions from non-EGUs. This will ensure that Virginia is properly meeting federal requirements for the control of NOX.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: 2.2-4006 A 4 c of the Code of Virginia
RIS Project Yes  [005229]
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
8067 Final Stage complete. This regulation became effective on 11/29/2017.
Contact Information
Name / Title: Karen G. Sabasteanski 
Address: 1111 East Main Street, Suite 1400
P.O. Box 1105
Richmond, VA 23218
Email Address:
Phone: (804)659-1973    FAX: ()-    TDD: ()-

This person is the primary contact for this chapter.