Agencies | Governor
Virginia Regulatory Town Hall
Agency
Department of Environmental Quality
Board
Air Pollution Control Board


chapter
Regulation for Emissions Trading [9 VAC 5 ‑ 140]
Guidance Documents
Chapter Information
Description 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.
State Authority Sections 10.1-1308 and 10.1-1322.3 of the Code of Virginia
Federal Authority Clean Air Act (Sections 108, 109, 110 and 302)

40 Code of Federal Regulations, Part 51
Exempt from APA No, changes to this chapter are subject to the Administrative Process Act and the standard executive branch review process.
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 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 or (ii) 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)698-4423    FAX: (804)698-4510    TDD: ()-
Current Actions
Action Title Latest Stage Status
None

Past Actions
Action Title Latest Stage Status
Reduce and Cap Carbon Dioxide from Fossil Fuel Fired Electric Power Generating Facilities (Rev. C17) Final Stage complete. This regulation became effective on 06/26/2019.
NOX Budget Program (Rev. B17)
This action is exempt from the executive branch review process.
Final Stage complete. This regulation became effective on 11/29/2017.
Repeal regulations governing the Clean Air Interstate Rule (CAIR) Program (Rev. D16)
This action is exempt from the executive branch review process.
Final Stage complete. This regulation became effective on 11/16/2016.
Repeal of Hg Budget Trading Program for Coal Fired Electric Steam Generating Units [Rev. (K11)] Fast-Track Stage complete. This regulation became effective on 09/27/2012.
CAIR Nonattainment Area Requirements - Rev. B10
This action is exempt from the executive branch review process.
Final Stage complete. This regulation became effective on 08/18/2010.
Amendment of the CAIR Regulation (Rev. K07)
This action is exempt from the executive branch review process.
Final Stage complete. This regulation became effective on 03/18/2009.
NOx SIP Call Budget (Rev. K08)
This action is exempt from the executive branch review process.
Final Stage complete. This regulation became effective on 12/31/2008.
Clean Air Interstate Rule (Rev. E05)(Adoption of Suspended Sections - 9 VAC 5-150-1061, 1062, 2061, 2062, 3061, and 3062 - Suspension Notice in May 14, 2007 Register of Regulations)
This action is exempt from the executive branch review process.
Final Stage complete. This regulation became effective on 12/26/2007.
CAIR SO2 Annual Trading Budgets
This action is exempt from the executive branch review process.
Final Stage complete. This regulation became effective on 12/12/2007.
Regulation for Emissions Trading Programs (Rev. C06)
This action is exempt from the executive branch review process.
Final Stage complete. This regulation became effective on 04/04/2007.
NOX Budget Trading Program - Flow Control (Rev. H02) Final Stage complete. This regulation became effective on 03/24/2003.
NOx Emissions Budget Trading Program (Rev. D98) - New Final Published 6/17/2002 - Effective Date 7/17/2002 Final Stage complete. This regulation became effective on 07/17/2002.
CH 0140 CAIR Nonattainment Area Requirements (Rev. E05)
Clean Air Mercury Rule (Rev. F05)

Withdrawn Actions
Action Title Latest Stage Status
NOx Budget Trading Program Set-Aside Auctions (Rev. F02) Emergency Stage withdrawn on 11/10/2003 before DPB completed its review.

Past Periodic Reviews
Date Filed Status
1/2/2013 Retain As Is