9/12/2011 2:33 pm Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
Virginia Register Publication Information
|
Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
X
Agency Decision
Promulgating Board: | Air Pollution Control Board |
Regulatory Coordinator: | Cindy Berndt (804)698-4378 cindy.berndt@deq.virginia.gov |
Agency Contact: | Karen G. Sabasteanski (804)698-4426 karen.sabasteanski@deq.virginia.gov |
Contact Address: | Department of Environmental Quality 629 East Main Street P.O. Box 1105 Richmond, VA 23218 |
Chapter Affected: | |
9 vac 5 - : |
Statutory Authority: |
State: Federal: |
Date Petition Received | 06/15/2011 |
Petitioner | Emma Serrels and Alec Loorz and Victoria Loors (Kids vs. Global Warming) |
The petitioner is requesting the State Air Pollution Control Board adopt regulations
to:
1. Ensure that carbon dioxide emissions from fossil fuels peak in the year 2012;
2. Adopt a carbon dioxide emissions reduction plan that, consistent with the best
available science, reduces state-wide fossil fuel carbon dioxide emissions by at least
6% annually until at least 2050, and expands Virginia's capacity for carbon sequestration;
3. Establish a state-wide greenhouse gas emissions accounting, verification and inventory
and issues annual progress reports so that the public has access to accurate data
regarding the effectiveness of Virginia's efforts to reduce fossil fuel carbon dioxide
emissions; and
4. Adopt any necessary policies or regulations to implement the greenhouse gas emissions
reduction plan, as detailed in 1 and 2 above.
Agency Plan
The State Air Pollution Control Board received the petition on June 10, 2011. In accordance
with the Administrative Process Act, the Board will receive comments from the public
on whether or not to initiate a rulemaking for 21 days after publication of the notice
of receipt of the petition is published in the Virginia Register of Regulations. The
notice will be published in the July 4, 2011 issue of the Register and the public
comment period will run from July 4, 2011 through July 25, 2011. A copy of the petition
is available on the Department of Environmental Quality's web site, www.deq.virginia.gov,
under Air Public Notices.
In addition, staff has been asked to provide, when the petition is presented to the
Board for a decision, information, to the extent practicable, on the following:
What are the impacts on the regulated community?
What is the feasibility of the requested action?
How would it be enforced?
Is a state-by-state approach appropriate?
How would a determination be made that any regulation adopted had achieved the stated
purpose of the regulation?
Would the reduction of fossil fuel carbon dioxide emissions, given current and foreseeable
technologies, be expected to be accompanied by:
a. reductions of other emissions such as sulfur oxides, nitrogen oxides, and mercury
or other beneficial environmental consequences?
b. increases of other emissions or other adverse environmental consequences?
What are the benefits of reducing carbon dioxide emissions, including any co-benefits
resulting from the reduction of other emissions or other beneficial environmental
consequences? Quantify with respect to such items as premature deaths, emergency
room visits, asthma attacks, lost workdays, and lost productivity; and estimated dollar
benefit to society.
What are the harms of any identified increased emissions or adverse environmental
consequences resulting from carbon dioxide emission reductions? Quantify with respect
to such items as increases in premature deaths, emergency room visits, asthma attacks,
lost workdays, and lost productivity; and estimated dollar harm to society.
Public comment on the petition and the above items will be accepted from July 4, 2011
through July 25, 2011.
Publication Date | 07/04/2011 (comment period will also begin on this date) |
Comment End Date | 07/25/2011 |
Take no action
Agency Response Date | 09/12/2011 |
The Board at its meeting on September 9, 2011, adopted the following motion on a vote
of 5 to 2:
That the Board deny the Petition for the following reasons:
1. While the Board has the legal authority to take the action sought by the
Petition, the Board has undertaken such major regulatory actions in the past only
when mandated by federal law or directed to do so by the General Assembly. The Board
should not change this practice with respect to the Petition.
2. There is no Virginia authority supporting the application of the public
trust doctrine to the regulation of air pollution.
3. The Commonwealth through the Attorney General is challenging the authority
of EPA to regulate greenhouse gases. The Board, following the lead of the Governor,
supports the Attorney General's litigation. Prudence would dictate that to the extent
possible any regulatory action of the type sought by the Petition await judicial resolution
of this matter.
4. On the merits of the Petition, while temperature increases and changes
in climate are well documented, their causes - as well as the nature and efficacy
of any regulatory efforts necessary or appropriate to control or reverse them - are
not.
5. Any major regulation of greenhouse gases should be carried out through
coordination among the federal government and all the states.
6. For the Commonwealth to act alone on a matter of this nature would place
Virginia and its regulated businesses at a disadvantage with respect to those of other
states and would thereby jeopardize Virginia jobs and pose a serious threat to the
economy of the state.
7. Since any program regulating greenhouse gases would have to be carefully
designed by DEQ to be enforceable and to produce the results requested, implementation
of the Petition will require significant new resources of staff time and money from
DEQ. These resources are not currently available and current resources are best used
to meet the requirements already in place or on the way.