Vol. 33 Iss. 4 - October 17, 2016

Chapter 140
Final Regulation

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


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of Assembly requires that §§ 10.1-1327 and 10.1-1328 of the Code of Virginia and any regulations implementing CAIR be repealed when facilities in the Commonwealth become subject to the requirements of a FIP adopted by EPA in response to the remand of CAIR. Because CAIR has been replaced by CSAPR, and Virginia is subject to the CSAPR FIP, Virginia may now, as required by Chapter 291, repeal its CAIR regulations.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.