{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1187.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1187.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1187.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1187.3.html"}],"law_id":69142,"edition_id":1,"section_id":69142,"structure_id":13560,"section_number":"10.1-1187.3","catch_line":"Program categories and criteria","history":"2005, c. 705.","full_text":"A\n\nThe Director shall establish different categories of participation and the criteria and benefits for each category. Such categories shall include, but not be limited to: (i) E2 facilities, (ii) E3 facilities, and (iii) E4 facilities.B\n\nIn order to participate as an E2 facility, a person or facility shall demonstrate that it (i) is developing an environmental management system or has initiated implementation of an environmental management system, (ii) has a commitment to pollution prevention and a plan to reduce environmental impacts from its operations, and (iii) has a record of sustained compliance with environmental requirements. To apply to become an E2 facility, an applicant shall submit the following information to the Department: (a) a policy statement outlining the applicant’s commitment to improving environmental quality, (b) an evaluation of the applicant’s environmental impacts, (c) the applicant’s objectives and targets for addressing significant environmental impacts, and (d) a description of the applicant’s pollution prevention program. A person or facility may participate in this program for up to three years, and may apply to renew its participation at the expiration of each three-year period. Incentives for E2 facilities may include, but are not limited to, the following: public recognition of facility performance and reduced fees.C\n\nIn order to participate as an E3 facility, a person or facility shall demonstrate that it has (i) a fully-implemented environmental management system, (ii) a pollution prevention program with documented results, and (iii) a record of sustained compliance with environmental requirements. To apply to become an E3 facility, an applicant shall submit the following information to the Department: (a) a policy statement outlining the applicant’s commitment to improving environmental quality; (b) an evaluation of the applicant’s actual and potential environmental impacts; (c) the applicant’s objectives and targets for addressing significant environmental impacts; (d) a description of the applicant’s pollution prevention program; (e) identification of the applicant’s environmental legal requirements; (f) a description of the applicant’s environmental management system that identifies roles, responsibilities and authorities, reporting and record-keeping, emergency response procedures, staff training, monitoring, and corrective action processes for noncompliance with the environmental management system; (g) voluntary self-assessments; and (h) procedures for internal and external communications. A person or facility may participate in this program for up to three years, and may apply to renew its participation at the expiration of each three-year period. Incentives for E3 facilities may include, but are not limited to, the following: public recognition of facility performance, reduced fees, reduced inspection priority, a single point-of-contact between the facility and the Department, streamlined environmental reporting, reduced monitoring requirements, prioritized permit and permit amendment review, and the ability to implement alternative compliance measures approved by the appropriate Board in accordance with § 10.1-1187.6.D\n\nIn order to participate as an E4 facility, a person or facility shall meet the criteria for participation as an E3 facility, and shall have (i) implemented and completed at least one full cycle of an environmental management system as verified by an unrelated third-party qualified to audit environmental management systems and (ii) committed to measures for continuous and sustainable environmental progress and community involvement. To apply to become an E4 facility, an applicant shall submit (a) the information required to apply to become an E3 facility, (b) documentation evidencing implementation and completion of at least one full cycle of an environmental management system and evidencing review and verification by an unrelated third party, and (c) documentation that the applicant has committed to measures for continuous and sustainable environmental progress and community involvement. A person or facility may participate in this program for up to three years, and may apply to renew its participation at the expiration of each three-year period. Incentives for E4 facilities may include all of the incentives available to E3 facilities. Any facility or person that has been accepted into the National Performance Track Programs by the U.S. Environmental Protection Agency shall be deemed to be an E4 facility. If acceptance in the Program is revoked or suspended by the U.S. Environmental Protection Agency, participation as an E4 facility shall also be terminated or suspended.","order_by":null,"text":{"0":{"id":250195,"text":"The Director shall establish different categories of participation and the criteria and benefits for each category. Such categories shall include, but not be limited to: (i) E2 facilities, (ii) E3 facilities, and (iii) E4 facilities.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":250196,"text":"In order to participate as an E2 facility, a person or facility shall demonstrate that it (i) is developing an environmental management system or has initiated implementation of an environmental management system, (ii) has a commitment to pollution prevention and a plan to reduce environmental impacts from its operations, and (iii) has a record of sustained compliance with environmental requirements. To apply to become an E2 facility, an applicant shall submit the following information to the Department: (a) a policy statement outlining the applicant’s commitment to improving environmental quality, (b) an evaluation of the applicant’s environmental impacts, (c) the applicant’s objectives and targets for addressing significant environmental impacts, and (d) a description of the applicant’s pollution prevention program. A person or facility may participate in this program for up to three years, and may apply to renew its participation at the expiration of each three-year period. Incentives for E2 facilities may include, but are not limited to, the following: public recognition of facility performance and reduced fees.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":250197,"text":"In order to participate as an E3 facility, a person or facility shall demonstrate that it has (i) a fully-implemented environmental management system, (ii) a pollution prevention program with documented results, and (iii) a record of sustained compliance with environmental requirements. To apply to become an E3 facility, an applicant shall submit the following information to the Department: (a) a policy statement outlining the applicant’s commitment to improving environmental quality; (b) an evaluation of the applicant’s actual and potential environmental impacts; (c) the applicant’s objectives and targets for addressing significant environmental impacts; (d) a description of the applicant’s pollution prevention program; (e) identification of the applicant’s environmental legal requirements; (f) a description of the applicant’s environmental management system that identifies roles, responsibilities and authorities, reporting and record-keeping, emergency response procedures, staff training, monitoring, and corrective action processes for noncompliance with the environmental management system; (g) voluntary self-assessments; and (h) procedures for internal and external communications. A person or facility may participate in this program for up to three years, and may apply to renew its participation at the expiration of each three-year period. Incentives for E3 facilities may include, but are not limited to, the following: public recognition of facility performance, reduced fees, reduced inspection priority, a single point-of-contact between the facility and the Department, streamlined environmental reporting, reduced monitoring requirements, prioritized permit and permit amendment review, and the ability to implement alternative compliance measures approved by the appropriate Board in accordance with § 10.1-1187.6.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":250198,"text":"In order to participate as an E4 facility, a person or facility shall meet the criteria for participation as an E3 facility, and shall have (i) implemented and completed at least one full cycle of an environmental management system as verified by an unrelated third-party qualified to audit environmental management systems and (ii) committed to measures for continuous and sustainable environmental progress and community involvement. To apply to become an E4 facility, an applicant shall submit (a) the information required to apply to become an E3 facility, (b) documentation evidencing implementation and completion of at least one full cycle of an environmental management system and evidencing review and verification by an unrelated third party, and (c) documentation that the applicant has committed to measures for continuous and sustainable environmental progress and community involvement. A person or facility may participate in this program for up to three years, and may apply to renew its participation at the expiration of each three-year period. Incentives for E4 facilities may include all of the incentives available to E3 facilities. Any facility or person that has been accepted into the National Performance Track Programs by the U.S. Environmental Protection Agency shall be deemed to be an E4 facility. If acceptance in the Program is revoked or suspended by the U.S. Environmental Protection Agency, participation as an E4 facility shall also be terminated or suspended.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13560,"edition_id":1,"name":"Virginia Environmental Excellence Program","identifier":"1.1","label":"article","depth":4,"order_by":1,"parent_id":12742,"metadata":{},"date_created":"2026-06-26 03:45:15","date_modified":"2026-06-26 03:45:15","permalink":{"id":145417,"object_type":"structure","relational_id":13560,"identifier":"1.1","token":"10.1\/II\/11.1\/1.1","url":"\/10.1\/II\/11.1\/1.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12742,"edition_id":1,"name":"Department of Environmental Quality","identifier":"11.1","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":145333,"object_type":"structure","relational_id":12742,"identifier":"11.1","token":"10.1\/II\/11.1","url":"\/10.1\/II\/11.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12741,"edition_id":1,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":144833,"object_type":"structure","relational_id":12741,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56373,"structure_id":13560,"section_number":"10.1-1187.1","catch_line":"Definitions","url":"\/10.1-1187.1\/","token":"10.1\/II\/11.1\/1.1\/10.1-1187.1","metadata":false},{"id":58644,"structure_id":13560,"section_number":"10.1-1187.2","catch_line":"Virginia Environmental Excellence Program established","url":"\/10.1-1187.2\/","token":"10.1\/II\/11.1\/1.1\/10.1-1187.2","metadata":false},{"id":69142,"structure_id":13560,"section_number":"10.1-1187.3","catch_line":"Program categories and criteria","url":"\/10.1-1187.3\/","token":"10.1\/II\/11.1\/1.1\/10.1-1187.3","metadata":false},{"id":69958,"structure_id":13560,"section_number":"10.1-1187.4","catch_line":"Procedures for participation","url":"\/10.1-1187.4\/","token":"10.1\/II\/11.1\/1.1\/10.1-1187.4","metadata":false},{"id":86604,"structure_id":13560,"section_number":"10.1-1187.5","catch_line":"Reporting","url":"\/10.1-1187.5\/","token":"10.1\/II\/11.1\/1.1\/10.1-1187.5","metadata":false},{"id":54524,"structure_id":13560,"section_number":"10.1-1187.6","catch_line":"Approval of alternate compliance methods","url":"\/10.1-1187.6\/","token":"10.1\/II\/11.1\/1.1\/10.1-1187.6","metadata":false},{"id":68356,"structure_id":13560,"section_number":"10.1-1187.7","catch_line":"Governor's Environmental Excellence Awards","url":"\/10.1-1187.7\/","token":"10.1\/II\/11.1\/1.1\/10.1-1187.7","metadata":false}],"previous_section":{"id":58644,"structure_id":13560,"section_number":"10.1-1187.2","catch_line":"Virginia Environmental Excellence Program established","url":"\/10.1-1187.2\/","token":"10.1\/II\/11.1\/1.1\/10.1-1187.2","metadata":false},"next_section":{"id":69958,"structure_id":13560,"section_number":"10.1-1187.4","catch_line":"Procedures for participation","url":"\/10.1-1187.4\/","token":"10.1\/II\/11.1\/1.1\/10.1-1187.4","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1187.3\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapter 705<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":54524,"section_number":"10.1-1187.6","catch_line":"Approval of alternate compliance methods","order_by":null,"url":"\/10.1-1187.6\/"}],"refers_to":false,"permalink":{"id":145427,"object_type":"law","relational_id":69142,"identifier":"10.1-1187.3","token":"10.1\/II\/11.1\/1.1\/10.1-1187.3","url":"\/10.1-1187.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1187.3\/","token":"10.1\/II\/11.1\/1.1\/10.1-1187.3","dublin_core":{"Title":"Program categories and criteria","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1187.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Director<\/span> shall establish different categories of participation and the criteria and benefits for each category. Such categories shall include, but not be limited to: (i) E2 facilities, (ii) E3 facilities, and (iii) E4 facilities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In order<\/span> to participate as an E2 facility, a person or facility shall demonstrate that it (i) is developing an environmental management system or has initiated implementation of an environmental management system, (ii) has a commitment to pollution prevention and a plan to reduce environmental impacts from its operations, and (iii) has a record of sustained compliance with environmental requirements. To apply to become an E2 facility, an applicant shall submit the following information to the Department<\/span>: (a) a policy statement outlining the applicant’s commitment to improving environmental quality, (b) an evaluation of the applicant’s environmental impacts, (c) the applicant’s objectives and targets for addressing significant environmental impacts, and (d) a description of the applicant’s pollution prevention program. A person or facility may participate in this program for up to three years, and may apply to renew its participation at the expiration of each three-year period. Incentives for E2 facilities may include, but are not limited to, the following: public recognition of facility performance and reduced fees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In order<\/span> to participate as an E3 facility, a person or facility shall demonstrate that it has (i) a fully-implemented environmental management system, (ii) a pollution prevention program with documented results, and (iii) a record of sustained compliance with environmental requirements. To apply to become an E3 facility, an applicant shall submit the following information to the Department<\/span>: (a) a policy statement outlining the applicant’s commitment to improving environmental quality; (b) an evaluation of the applicant’s actual and potential environmental impacts; (c) the applicant’s objectives and targets for addressing significant environmental impacts; (d) a description of the applicant’s pollution prevention program; (e) identification of the applicant’s environmental legal requirements; (f) a description of the applicant’s environmental management system that identifies roles, responsibilities and authorities, reporting and record-keeping, emergency response procedures, staff training, monitoring, and corrective action processes for noncompliance with the environmental management system; (g) voluntary self-assessments; and (h) procedures for internal and external communications. A person or facility may participate in this program for up to three years, and may apply to renew its participation at the expiration of each three-year period. Incentives for E3 facilities may include, but are not limited to, the following: public recognition of facility performance, reduced fees, reduced inspection priority, a single point-of-contact between the facility and the Department<\/span>, streamlined environmental reporting, reduced monitoring requirements, prioritized permit and permit amendment review, and the ability to implement alternative compliance measures approved by the appropriate Board in accordance with § 10.1-1187.6<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In order<\/span> to participate as an E4 facility, a person or facility shall meet the criteria for participation as an E3 facility, and shall have (i) implemented and completed at least one full cycle of an environmental management system as verified by an unrelated third-party<\/span> qualified to audit environmental management systems and (ii) committed to measures for continuous and sustainable environmental progress and community involvement. To apply to become an E4 facility, an applicant shall submit (a) the information required to apply to become an E3 facility, (b) documentation evidencing implementation and completion of at least one full cycle of an environmental management system and evidencing review and verification by an unrelated third party<\/span>, and (c) documentation that the applicant has committed to measures for continuous and sustainable environmental progress and community involvement. A person or facility may participate in this program for up to three years, and may apply to renew its participation at the expiration of each three-year period. Incentives for E4 facilities may include all of the incentives available to E3 facilities. Any facility or person that has been accepted into the National Performance Track Programs by the U.S. Environmental Protection Agency shall be deemed to be an E4 facility. If acceptance in the Program is revoked or suspended by the U.S. Environmental Protection Agency, participation as an E4 facility shall also be terminated or suspended. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROGRAM CATEGORIES AND CRITERIA (\u00a7 10.1-1187.3)\n\nA. The Director shall establish different categories of participation and the\ncriteria and benefits for each category. Such categories shall include, but not\nbe limited to: (i) E2 facilities, (ii) E3 facilities, and (iii) E4 facilities.\n\nB. In order to participate as an E2 facility, a person or facility shall\ndemonstrate that it (i) is developing an environmental management system or has\ninitiated implementation of an environmental management system, (ii) has a\ncommitment to pollution prevention and a plan to reduce environmental impacts\nfrom its operations, and (iii) has a record of sustained compliance with\nenvironmental requirements. To apply to become an E2 facility, an applicant\nshall submit the following information to the Department: (a) a policy statement\noutlining the applicant’s commitment to improving environmental quality,\n(b) an evaluation of the applicant’s environmental impacts, (c) the\napplicant’s objectives and targets for addressing significant\nenvironmental impacts, and (d) a description of the applicant’s pollution\nprevention program. A person or facility may participate in this program for up\nto three years, and may apply to renew its participation at the expiration of\neach three-year period. Incentives for E2 facilities may include, but are not\nlimited to, the following: public recognition of facility performance and\nreduced fees.\n\nC. In order to participate as an E3 facility, a person or facility shall\ndemonstrate that it has (i) a fully-implemented environmental management system,\n(ii) a pollution prevention program with documented results, and (iii) a record\nof sustained compliance with environmental requirements. To apply to become an\nE3 facility, an applicant shall submit the following information to the\nDepartment: (a) a policy statement outlining the applicant’s commitment to\nimproving environmental quality; (b) an evaluation of the applicant’s\nactual and potential environmental impacts; (c) the applicant’s objectives\nand targets for addressing significant environmental impacts; (d) a description\nof the applicant’s pollution prevention program; (e) identification of the\napplicant’s environmental legal requirements; (f) a description of the\napplicant’s environmental management system that identifies roles,\nresponsibilities and authorities, reporting and record-keeping, emergency\nresponse procedures, staff training, monitoring, and corrective action processes\nfor noncompliance with the environmental management system; (g) voluntary\nself-assessments; and (h) procedures for internal and external communications. A\nperson or facility may participate in this program for up to three years, and\nmay apply to renew its participation at the expiration of each three-year\nperiod. Incentives for E3 facilities may include, but are not limited to, the\nfollowing: public recognition of facility performance, reduced fees, reduced\ninspection priority, a single point-of-contact between the facility and the\nDepartment, streamlined environmental reporting, reduced monitoring\nrequirements, prioritized permit and permit amendment review, and the ability to\nimplement alternative compliance measures approved by the appropriate Board in\naccordance with § 10.1-1187.6.\n\nD. In order to participate as an E4 facility, a person or facility shall meet\nthe criteria for participation as an E3 facility, and shall have (i) implemented\nand completed at least one full cycle of an environmental management system as\nverified by an unrelated third-party qualified to audit environmental management\nsystems and (ii) committed to measures for continuous and sustainable\nenvironmental progress and community involvement. To apply to become an E4\nfacility, an applicant shall submit (a) the information required to apply to\nbecome an E3 facility, (b) documentation evidencing implementation and\ncompletion of at least one full cycle of an environmental management system and\nevidencing review and verification by an unrelated third party, and (c)\ndocumentation that the applicant has committed to measures for continuous and\nsustainable environmental progress and community involvement. A person or\nfacility may participate in this program for up to three years, and may apply to\nrenew its participation at the expiration of each three-year period. Incentives\nfor E4 facilities may include all of the incentives available to E3 facilities.\nAny facility or person that has been accepted into the National Performance\nTrack Programs by the U.S. Environmental Protection Agency shall be deemed to be\nan E4 facility. If acceptance in the Program is revoked or suspended by the U.S.\nEnvironmental Protection Agency, participation as an E4 facility shall also be\nterminated or suspended.\n\nHISTORY: 2005, c. 705.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}