Department of Environmental Quality
Air Pollution Control Board
Regulation for Emissions Trading
[9 VAC 5 ‑ 140]
Chapter Information
Description | Part I establishes a NOx Budget Trading Program as a means of mitigating the interstate transport of ozone and nitrogen oxides including the following provisions: permitting, allowance methodology, monitoring, banking, compliance supplement pool, compliance determination and opt-in provisions for sources not covered by the regulation. Part VII establishes the Virginia CO2 Budget Trading Program to implement a declining cap on carbon emissions and establish an allowance that will be issued for each ton of carbon emitted by an electricity generating facility, which can then either reduce carbon emissions and sell the resulting additional allowances or not reduce carbon emissions and make up the difference with purchased allowances. |
State Authority | State Authority Parts I and VII: Section 10.1-1308 , Code of Virginia Part I: Section 10.1-1322.3 of the Code of Virginia Part VII: Executive Directive 11 (2017 ); Section 10.1-1330 of the Code of Virginia |
Federal Authority |
Part I: Clean Air Act (Section 110); 40 Code of Federal Regulations, Parts 51, 96, 97 Part VII: none |
Exempt from APA | No, changes to this chapter are subject to the Administrative Process Act. |
Text of Regulation | Link to Virginia Administrative Code |
Goals of Regulation |
The specific and measurable goals the regulation is intended to achieve are as follows: 1. To protect public health and/or welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth. 2. To ensure that owners comply with air pollution emission limits and control technology requirements in order to control levels of nitrogen oxides and carbon dioxide being emitted into the ambient air. 3. To prohibit emissions which would (i) contribute to nonattainment of the air quality standard for ozone or interfere with maintenance of the standard, (ii) contribute to greenhouse gas emissions, or (iii) adversely impact public health and/or welfare. |
Meetings | See all meetings (22) relating to this chapter. |
Contact Information
Name / Title: | Karen G. Sabasteanski |
Address: |
1111 East Main Street, Suite 1400 P.O. Box 1105 Richmond, VA 23218 |
Email Address: | karen.sabasteanski@deq.virginia.gov |
Telephone: | (804)659-1973 FAX: (804)698-4510 TDD: ()- |
Current Actions | ||
Action Title | Latest Stage | Status |
---|---|---|
Repeal CO 2 Budget Trading Program as required by Executive Order 9 (Revision A22) | Proposed | Stage complete. Comment period ended 03/31/2023. |
Clean Air Mercury Rule (Rev. F05) | - |
Withdrawn Actions | ||
Action Title | Latest Stage | Status |
---|---|---|
CH 0140 CAIR Nonattainment Area Requirements (Rev. E05) | ||
NOx Budget Trading Program Set-Aside Auctions (Rev. F02) | Emergency | Stage withdrawn on 11/10/2003 before DPB completed its review. |
Periodic Reviews | ||
Last Activity | Status | |
---|---|---|
11/12/2021 Agency Completed | Retain As Is | |
3/15/2013 Agency Completed | Retain As Is |