TITLE 9. ENVIRONMENT
REGISTRAR'S NOTICE: The
State Air Pollution Control Board is claiming an exemption from Article 2 of the
Administrative Process Act in accordance with (i) § 2.2-4006 A 4 a of the
Code of Virginia, which excludes regulations that are necessary to conform to
changes in Virginia statutory law where no agency discretion is involved and
(ii) § 2.2-4006 A 4 c of the Code of Virginia, which excludes regulations
that are necessary to meet the requirements of federal law or regulations
provided such regulations do not differ materially from those required by
federal law or regulation. The State Air Pollution Control Board will receive,
consider, and respond to petitions by any interested person at any time with
respect to reconsideration or revision.
Title of Regulation:
9VAC5-140. Regulation for Emissions Trading Programs (Rev. D16) (repealing 9VAC5-140-1010 through 9VAC5-140-3880).
Statutory Authority: §§ 10.1-1308 and 10.1-1322.3
of the Code of Virginia; §§ 108, 109, 110 and 302 of the Clean Air Act; 40 CFR
Part 51.
Effective Date: November 16, 2016.
Agency Contact: Mary E. Major, Department of
Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218,
telephone (804) 698-4423, FAX (804) 698-4510, TTY (804) 698-4021, or email
mary.major@deq.virginia.gov.
Summary:
The Clean Air Interstate Rule (CAIR) was an emissions
trading program intended to control nitrogen oxides (NOx) and sulfur
dioxide (SO2), which contribute to harmful levels of fine particle
matter and ozone in downwind states. On August 8, 2011, the Environmental
Protection Agency (EPA) replaced CAIR with the Cross-State Air Pollution Rule
(CSAPR), which is being implemented in Virginia under the associated federal
implementation plan (FIP). Chapter 291 of the 2011 Acts of Assembly requires
that §§ 10.1-1327 and 10.1-1328 of the Code of Virginia and any
regulations implementing CAIR be repealed when facilities in the Commonwealth
become subject to the requirements of a FIP adopted by EPA in response to the
remand of CAIR. Because CAIR has been replaced by CSAPR, and Virginia is
subject to the CSAPR FIP, Virginia may now, as required by Chapter 291, repeal
its CAIR regulations.
VA.R. Doc. No. R17-4727; Filed September 14, 2016, 1:33 p.m.