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 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
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 (32) 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: ()-    TDD: ()-
Current Actions
Action Title Latest Stage Status
None

Past Actions
Action Title Latest Stage Status
Repeal CO 2 Budget Trading Program as required by Executive Order 9 (Revision A22) Final Stage complete. This regulation became effective on 08/30/2023.
Amend CO2 Budget Trading Program to comport with RGGI Model Rule as required by Chapter 1219, 2020 A
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 07/10/2020.
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)
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 11/29/2017.
Repeal regulations governing the Clean Air Interstate Rule (CAIR) Program (Rev. D16)
Action is Exempt from Article 2 of the Administrative Process Act
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
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 08/18/2010.
Amendment of the CAIR Regulation (Rev. K07)
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 03/18/2009.
NOx SIP Call Budget (Rev. K08)
Action is Exempt from Article 2 of the Administrative Process Act
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)
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 12/26/2007.
CAIR SO2 Annual Trading Budgets
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 12/12/2007.
Regulation for Emissions Trading Programs (Rev. C06)
Action is Exempt from Article 2 of the Administrative Process Act
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.

Withdrawn Actions
Action Title Latest Stage Status
Clean Air Mercury Rule (Rev. F05) NOIRA Stage withdrawn on 09/28/2023 after the comment period had ended.
CH 0140 CAIR Nonattainment Area Requirements (Rev. E05) Final Stage withdrawn on 12/15/2022 prior to submission to DPB.
NOx Budget Trading Program Set-Aside Auctions (Rev. F02) Emergency Stage withdrawn on 08/23/2007 prior to submitting for AG review.

Periodic Reviews
Last Activity Status
11/12/2021 Agency Completed Retain As Is
3/15/2013 Agency Completed Retain As Is