In accordance with § 10.1-1308, the Board may promulgate regulations to provide for emissions trading programs to achieve and maintain the National Ambient Air Quality Standards established by the United States Environmental Protection Agency, under the federal Clean Air Act. The regulations shall create an air emissions banking and trading program for the Commonwealth, to the extent not prohibited by federal law, that results in net air emission reductions, creates an economic incentive for reducing air emissions, and allows for continued economic growth through a program of banking and trading credits or allowances. The regulations applicable to the electric power industry shall foster competition in the electric power industry, encourage construction of clean, new generating facilities, provide without charge new source set-asides of five percent for the first five plan years and two percent per year thereafter, and provide an initial allocation period of five years. In promulgating such regulations the Board shall consider, but not be limited to, the inclusion of provisions concerning (i) the definition and use of emissions reduction credits or allowances from mobile and stationary sources, (ii) the role of offsets in emissions trading, (iii) interstate or regional emissions trading, (iv) the mechanisms needed to facilitate emissions trading and banking, and (v) the role of emissions allocations in emissions trading. No regulations shall prohibit the direct trading of air emissions credits or allowances between private industries, provided such trades do not adversely impact air quality in Virginia.
1994, c. 204; 1999, c. 1022; 2001, c. 580; 2004, c. 334.
Structure Code of Virginia
Chapter 13 - Air Pollution Control Board
§ 10.1-1300.1. Certified mail; subsequent mail or notices may be sent by regular mail
§ 10.1-1301. State Air Pollution Control Board; membership; terms; vacancies
§ 10.1-1302. Qualifications of members of Board
§ 10.1-1303. Chairman of the Board; Executive Director; cooperation of state agencies
§ 10.1-1304. Meetings of Board; quorum
§ 10.1-1305. Records of proceedings of Board
§ 10.1-1306. Inspections, investigations, etc.
§ 10.1-1307. Further powers and duties of Board and Department
§ 10.1-1307.01. Further duties of Board and Department; localities particularly affected
§ 10.1-1307.02. Permit for generation of electricity during ISO-declared emergency
§ 10.1-1307.03. Requirements applicable to Outer Continental Shelf sources
§ 10.1-1307.04. Greenhouse gas emissions inventory
§ 10.1-1307.05. Low-emissions and zero-emissions vehicle standards
§ 10.1-1307.1. Department continued; appointment of Director
§ 10.1-1307.2. Powers and duties of the Executive Director
§ 10.1-1307.3. Executive Director to enforce laws
§ 10.1-1308.01. Qualified fumigation facilities
§ 10.1-1308.1. Streamlined permitting process for qualified energy generators
§ 10.1-1309. Issuance of special orders; civil penalties
§ 10.1-1309.1. Special orders; penalties
§ 10.1-1310. Decision of Department pursuant to hearing
§ 10.1-1310.1. Notification of local government
§ 10.1-1311. Penalties for noncompliance; judicial review
§ 10.1-1312. Air pollution control districts
§ 10.1-1313. State Advisory Board on Air Pollution
§ 10.1-1314. Owners to furnish plans, specifications and information
§ 10.1-1314.1. Protection of trade secrets
§ 10.1-1316. Enforcement and civil penalties
§ 10.1-1316.1. Severe ozone nonattainment areas; fees
§ 10.1-1317. Judicial review of regulations of Board
§ 10.1-1318. Appeal from decision of Department
§ 10.1-1319. Appeal to Court of Appeals
§ 10.1-1320. Penalties; chapter not to affect right to relief or to maintain action
§ 10.1-1320.1. Duty of attorney for the Commonwealth
§ 10.1-1321.1. When application for permit considered complete
§ 10.1-1322.1. Air Pollution Permit Program Fund established; use of moneys
§ 10.1-1322.2. Preliminary program permit fees
§ 10.1-1322.3. Emissions trading programs; emissions credits; Board to promulgate regulations
§ 10.1-1322.4. Permit modifications for alternative fuels or raw materials
§ 10.1-1322.5. Virginia Electric Vehicle Grant Fund and Program; report
§ 10.1-1324. Office of Small Business Ombudsman created
§ 10.1-1326. Duties of the Advisory Board
§ 10.1-1330. Clean Energy and Community Flood Preparedness