{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1308.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1308.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1308.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1308.html"}],"law_id":57864,"edition_id":1,"section_id":57864,"structure_id":12861,"section_number":"10.1-1308","catch_line":"Regulations","history":"1966, c. 497, \u00a7\u00a7 10-17.16, 10-17.18; 1968, c. 311; 1969, Ex. Sess., c. 8; 1970, c. 469; 1972, c. 781; 1973, c. 251; 1980, c. 469; 1984, c. 734; 1988, cc. 26, 891; 1993, c. 456; 1997, c. 55; 2005, c. 66; 2006, c. 71; 2011, c. 393; 2020, cc. 1193, 1194.","full_text":"A\n\nThe Board, after having studied air pollution in the various areas of the Commonwealth, its causes, prevention, control and abatement, shall have the power to promulgate regulations, including emergency regulations, abating, controlling and prohibiting air pollution throughout or in any part of the Commonwealth in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.), except that a description of provisions of any proposed regulation which are more restrictive than applicable federal requirements, together with the reason why the more restrictive provisions are needed, shall be provided to the standing committee of each house of the General Assembly to which matters relating to the content of the regulation are most properly referable. No such regulation shall prohibit the burning of leaves from trees by persons on property where they reside if the local governing body of the county, city or town has enacted an otherwise valid ordinance regulating such burning. The regulations shall not promote or encourage any substantial degradation of present air quality in any air basin or region which has an air quality superior to that stipulated in the regulations. Any regulations adopted by the Board to have general effect in part or all of the Commonwealth shall be filed in accordance with the Virginia Register Act (§ 2.2-4100 et seq.).B\n\nAny regulation that prohibits the selling of any consumer product shall not restrict the continued sale of the product by retailers of any existing inventories in stock at the time the regulation is promulgated.C\n\nAny regulation requiring the use of stage 1 vapor recovery equipment at gasoline dispensing facilities may be applicable only in areas that have been designated at any time by the U.S. Environmental Protection Agency as nonattainment for the pollutant ozone. For purposes of this section, gasoline dispensing facility means any site where gasoline is dispensed to motor vehicle tanks from storage tanks.D\n\nNo regulation of the Board shall require permits for the construction or operation of qualified fumigation facilities, as defined in § 10.1-1308.01.E\n\nNotwithstanding any other provision of law and no earlier than July 1, 2024, the Board shall adopt regulations to reduce, for the period of 2031 to 2050, the carbon dioxide emissions from any electricity generating unit in the Commonwealth, regardless of fuel type, that serves an electricity generator with a nameplate capacity equal to or greater than 25 megawatts that supplies (i) 10 percent or more of its annual net electrical generation to the electric grid or (ii) more than 15 percent of its annual total useful energy to any entity other than the manufacturing facility to which the generating source is interconnected (covered unit).\n\t\t\tThe Board may establish, implement, and manage an auction program to sell allowances to carry out the purposes of such regulations or may in its discretion utilize an existing multistate trading system.\n\t\t\tThe Board may utilize its existing regulations to reduce carbon dioxide emissions from electric power generating facilities; however, the regulations shall provide that no allowances be issued for covered units in 2050 or any year beyond 2050. The Board may establish rules for trading, the use of banked allowances, and other auction or market mechanisms as it may find appropriate to control allowance costs and otherwise carry out the purpose of this subsection.\n\t\t\tIn adopting such regulations, the Board shall consider only the carbon dioxide emissions from the covered units. The Board shall not provide for emission offsetting or netting based on fuel type.\n\t\t\tRegulations adopted by the Board under this subsection shall be subject to the requirements set out in §§ 2.2-4007.03, 2.2-4007.04, 2.2-4007.05, and 2.2-4026 through 2.2-4030 of the Administrative Process Act (§ 2.2-4000 et seq.) and shall be published in the Virginia Register of Regulations.","order_by":null,"text":{"0":{"id":211989,"text":"The Board, after having studied air pollution in the various areas of the Commonwealth, its causes, prevention, control and abatement, shall have the power to promulgate regulations, including emergency regulations, abating, controlling and prohibiting air pollution throughout or in any part of the Commonwealth in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.), except that a description of provisions of any proposed regulation which are more restrictive than applicable federal requirements, together with the reason why the more restrictive provisions are needed, shall be provided to the standing committee of each house of the General Assembly to which matters relating to the content of the regulation are most properly referable. No such regulation shall prohibit the burning of leaves from trees by persons on property where they reside if the local governing body of the county, city or town has enacted an otherwise valid ordinance regulating such burning. The regulations shall not promote or encourage any substantial degradation of present air quality in any air basin or region which has an air quality superior to that stipulated in the regulations. Any regulations adopted by the Board to have general effect in part or all of the Commonwealth shall be filed in accordance with the Virginia Register Act (§ 2.2-4100 et seq.).","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":211990,"text":"Any regulation that prohibits the selling of any consumer product shall not restrict the continued sale of the product by retailers of any existing inventories in stock at the time the regulation is promulgated.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":211991,"text":"Any regulation requiring the use of stage 1 vapor recovery equipment at gasoline dispensing facilities may be applicable only in areas that have been designated at any time by the U.S. Environmental Protection Agency as nonattainment for the pollutant ozone. For purposes of this section, gasoline dispensing facility means any site where gasoline is dispensed to motor vehicle tanks from storage tanks.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":211992,"text":"No regulation of the Board shall require permits for the construction or operation of qualified fumigation facilities, as defined in § 10.1-1308.01.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":211993,"text":"Notwithstanding any other provision of law and no earlier than July 1, 2024, the Board shall adopt regulations to reduce, for the period of 2031 to 2050, the carbon dioxide emissions from any electricity generating unit in the Commonwealth, regardless of fuel type, that serves an electricity generator with a nameplate capacity equal to or greater than 25 megawatts that supplies (i) 10 percent or more of its annual net electrical generation to the electric grid or (ii) more than 15 percent of its annual total useful energy to any entity other than the manufacturing facility to which the generating source is interconnected (covered unit).\n\t\t\tThe Board may establish, implement, and manage an auction program to sell allowances to carry out the purposes of such regulations or may in its discretion utilize an existing multistate trading system.\n\t\t\tThe Board may utilize its existing regulations to reduce carbon dioxide emissions from electric power generating facilities; however, the regulations shall provide that no allowances be issued for covered units in 2050 or any year beyond 2050. The Board may establish rules for trading, the use of banked allowances, and other auction or market mechanisms as it may find appropriate to control allowance costs and otherwise carry out the purpose of this subsection.\n\t\t\tIn adopting such regulations, the Board shall consider only the carbon dioxide emissions from the covered units. The Board shall not provide for emission offsetting or netting based on fuel type.\n\t\t\tRegulations adopted by the Board under this subsection shall be subject to the requirements set out in §§ 2.2-4007.03, 2.2-4007.04, 2.2-4007.05, and 2.2-4026 through 2.2-4030 of the Administrative Process Act (§ 2.2-4000 et seq.) and shall be published in the Virginia Register of Regulations.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":12861,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12860,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":145653,"object_type":"structure","relational_id":12861,"identifier":"1","token":"10.1\/II\/13\/1","url":"\/10.1\/II\/13\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12860,"edition_id":1,"name":"Air Pollution Control Board","identifier":"13","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":145651,"object_type":"structure","relational_id":12860,"identifier":"13","token":"10.1\/II\/13","url":"\/10.1\/II\/13\/","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":77830,"structure_id":12861,"section_number":"10.1-1300","catch_line":"Definitions","url":"\/10.1-1300\/","token":"10.1\/II\/13\/1\/10.1-1300","metadata":false},{"id":63039,"structure_id":12861,"section_number":"10.1-1300.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/10.1-1300.1\/","token":"10.1\/II\/13\/1\/10.1-1300.1","metadata":false},{"id":69548,"structure_id":12861,"section_number":"10.1-1301","catch_line":"State Air Pollution Control Board; membership; terms; vacancies","url":"\/10.1-1301\/","token":"10.1\/II\/13\/1\/10.1-1301","metadata":false},{"id":84212,"structure_id":12861,"section_number":"10.1-1302","catch_line":"Qualifications of members of Board","url":"\/10.1-1302\/","token":"10.1\/II\/13\/1\/10.1-1302","metadata":false},{"id":60558,"structure_id":12861,"section_number":"10.1-1303","catch_line":"Chairman of the Board; Executive Director; cooperation of state agencies","url":"\/10.1-1303\/","token":"10.1\/II\/13\/1\/10.1-1303","metadata":false},{"id":60398,"structure_id":12861,"section_number":"10.1-1304","catch_line":"Meetings of Board; quorum","url":"\/10.1-1304\/","token":"10.1\/II\/13\/1\/10.1-1304","metadata":false},{"id":82080,"structure_id":12861,"section_number":"10.1-1305","catch_line":"Records of proceedings of Board","url":"\/10.1-1305\/","token":"10.1\/II\/13\/1\/10.1-1305","metadata":false},{"id":82195,"structure_id":12861,"section_number":"10.1-1306","catch_line":"Inspections, investigations, etc","url":"\/10.1-1306\/","token":"10.1\/II\/13\/1\/10.1-1306","metadata":false},{"id":74498,"structure_id":12861,"section_number":"10.1-1307","catch_line":"Further powers and duties of Board and Department","url":"\/10.1-1307\/","token":"10.1\/II\/13\/1\/10.1-1307","metadata":false},{"id":56548,"structure_id":12861,"section_number":"10.1-1307.01","catch_line":"Further duties of Board and Department; localities particularly affected","url":"\/10.1-1307.01\/","token":"10.1\/II\/13\/1\/10.1-1307.01","metadata":false},{"id":80356,"structure_id":12861,"section_number":"10.1-1307.02","catch_line":"Permit for generation of electricity during ISO-declared emergency","url":"\/10.1-1307.02\/","token":"10.1\/II\/13\/1\/10.1-1307.02","metadata":false},{"id":78676,"structure_id":12861,"section_number":"10.1-1307.03","catch_line":"Requirements applicable to Outer Continental Shelf sources","url":"\/10.1-1307.03\/","token":"10.1\/II\/13\/1\/10.1-1307.03","metadata":false},{"id":77963,"structure_id":12861,"section_number":"10.1-1307.04","catch_line":"Greenhouse gas emissions inventory","url":"\/10.1-1307.04\/","token":"10.1\/II\/13\/1\/10.1-1307.04","metadata":false},{"id":77934,"structure_id":12861,"section_number":"10.1-1307.05","catch_line":"Low-emissions and zero-emissions vehicle standards","url":"\/10.1-1307.05\/","token":"10.1\/II\/13\/1\/10.1-1307.05","metadata":false},{"id":83663,"structure_id":12861,"section_number":"10.1-1307.1","catch_line":"Department continued; appointment of Director","url":"\/10.1-1307.1\/","token":"10.1\/II\/13\/1\/10.1-1307.1","metadata":false},{"id":80397,"structure_id":12861,"section_number":"10.1-1307.2","catch_line":"Powers and duties of the Executive Director","url":"\/10.1-1307.2\/","token":"10.1\/II\/13\/1\/10.1-1307.2","metadata":false},{"id":62436,"structure_id":12861,"section_number":"10.1-1307.3","catch_line":"Executive Director to enforce laws","url":"\/10.1-1307.3\/","token":"10.1\/II\/13\/1\/10.1-1307.3","metadata":false},{"id":57864,"structure_id":12861,"section_number":"10.1-1308","catch_line":"Regulations","url":"\/10.1-1308\/","token":"10.1\/II\/13\/1\/10.1-1308","metadata":false},{"id":76943,"structure_id":12861,"section_number":"10.1-1308.01","catch_line":"Qualified fumigation facilities","url":"\/10.1-1308.01\/","token":"10.1\/II\/13\/1\/10.1-1308.01","metadata":false},{"id":82671,"structure_id":12861,"section_number":"10.1-1308.1","catch_line":"Streamlined permitting process for qualified energy generators","url":"\/10.1-1308.1\/","token":"10.1\/II\/13\/1\/10.1-1308.1","metadata":false},{"id":73292,"structure_id":12861,"section_number":"10.1-1309","catch_line":"Issuance of special orders; civil penalties","url":"\/10.1-1309\/","token":"10.1\/II\/13\/1\/10.1-1309","metadata":false},{"id":84294,"structure_id":12861,"section_number":"10.1-1309.1","catch_line":"Special orders; penalties","url":"\/10.1-1309.1\/","token":"10.1\/II\/13\/1\/10.1-1309.1","metadata":false},{"id":86080,"structure_id":12861,"section_number":"10.1-1310","catch_line":"Decision of Department pursuant to hearing","url":"\/10.1-1310\/","token":"10.1\/II\/13\/1\/10.1-1310","metadata":false},{"id":70030,"structure_id":12861,"section_number":"10.1-1310.1","catch_line":"Notification of local government","url":"\/10.1-1310.1\/","token":"10.1\/II\/13\/1\/10.1-1310.1","metadata":false},{"id":58705,"structure_id":12861,"section_number":"10.1-1311","catch_line":"Penalties for noncompliance; judicial review","url":"\/10.1-1311\/","token":"10.1\/II\/13\/1\/10.1-1311","metadata":false},{"id":54355,"structure_id":12861,"section_number":"10.1-1312","catch_line":"Air pollution control districts","url":"\/10.1-1312\/","token":"10.1\/II\/13\/1\/10.1-1312","metadata":false},{"id":56750,"structure_id":12861,"section_number":"10.1-1313","catch_line":"State Advisory Board on Air Pollution","url":"\/10.1-1313\/","token":"10.1\/II\/13\/1\/10.1-1313","metadata":false},{"id":59788,"structure_id":12861,"section_number":"10.1-1314","catch_line":"Owners to furnish plans, specifications and information","url":"\/10.1-1314\/","token":"10.1\/II\/13\/1\/10.1-1314","metadata":false},{"id":78602,"structure_id":12861,"section_number":"10.1-1314.1","catch_line":"Protection of trade secrets","url":"\/10.1-1314.1\/","token":"10.1\/II\/13\/1\/10.1-1314.1","metadata":false},{"id":53996,"structure_id":12861,"section_number":"10.1-1315","catch_line":"Right of entry","url":"\/10.1-1315\/","token":"10.1\/II\/13\/1\/10.1-1315","metadata":false},{"id":83968,"structure_id":12861,"section_number":"10.1-1316","catch_line":"Enforcement and civil penalties","url":"\/10.1-1316\/","token":"10.1\/II\/13\/1\/10.1-1316","metadata":false},{"id":64048,"structure_id":12861,"section_number":"10.1-1316.1","catch_line":"Severe ozone nonattainment areas; fees","url":"\/10.1-1316.1\/","token":"10.1\/II\/13\/1\/10.1-1316.1","metadata":false},{"id":86788,"structure_id":12861,"section_number":"10.1-1317","catch_line":"Judicial review of regulations of Board","url":"\/10.1-1317\/","token":"10.1\/II\/13\/1\/10.1-1317","metadata":false},{"id":85596,"structure_id":12861,"section_number":"10.1-1318","catch_line":"Appeal from decision of Department","url":"\/10.1-1318\/","token":"10.1\/II\/13\/1\/10.1-1318","metadata":false},{"id":72782,"structure_id":12861,"section_number":"10.1-1319","catch_line":"Appeal to Court of Appeals","url":"\/10.1-1319\/","token":"10.1\/II\/13\/1\/10.1-1319","metadata":false},{"id":75588,"structure_id":12861,"section_number":"10.1-1320","catch_line":"Penalties; chapter not to affect right to relief or to maintain action","url":"\/10.1-1320\/","token":"10.1\/II\/13\/1\/10.1-1320","metadata":false},{"id":84508,"structure_id":12861,"section_number":"10.1-1320.1","catch_line":"Duty of attorney for the Commonwealth","url":"\/10.1-1320.1\/","token":"10.1\/II\/13\/1\/10.1-1320.1","metadata":false},{"id":79823,"structure_id":12861,"section_number":"10.1-1321","catch_line":"Local ordinances","url":"\/10.1-1321\/","token":"10.1\/II\/13\/1\/10.1-1321","metadata":false},{"id":75516,"structure_id":12861,"section_number":"10.1-1321.1","catch_line":"When application for permit considered complete","url":"\/10.1-1321.1\/","token":"10.1\/II\/13\/1\/10.1-1321.1","metadata":false},{"id":63202,"structure_id":12861,"section_number":"10.1-1322","catch_line":"Permits","url":"\/10.1-1322\/","token":"10.1\/II\/13\/1\/10.1-1322","metadata":false},{"id":80138,"structure_id":12861,"section_number":"10.1-1322.01","catch_line":"Repealed","url":"\/10.1-1322.01\/","token":"10.1\/II\/13\/1\/10.1-1322.01","metadata":false},{"id":87432,"structure_id":12861,"section_number":"10.1-1322.1","catch_line":"Air Pollution Permit Program Fund established; use of moneys","url":"\/10.1-1322.1\/","token":"10.1\/II\/13\/1\/10.1-1322.1","metadata":false},{"id":57793,"structure_id":12861,"section_number":"10.1-1322.2","catch_line":"Preliminary program permit fees","url":"\/10.1-1322.2\/","token":"10.1\/II\/13\/1\/10.1-1322.2","metadata":false},{"id":67112,"structure_id":12861,"section_number":"10.1-1322.3","catch_line":"Emissions trading programs; emissions credits; Board to promulgate regulations","url":"\/10.1-1322.3\/","token":"10.1\/II\/13\/1\/10.1-1322.3","metadata":false},{"id":87077,"structure_id":12861,"section_number":"10.1-1322.4","catch_line":"Permit modifications for alternative fuels or raw materials","url":"\/10.1-1322.4\/","token":"10.1\/II\/13\/1\/10.1-1322.4","metadata":false},{"id":73730,"structure_id":12861,"section_number":"10.1-1322.5","catch_line":"Virginia Electric Vehicle Grant Fund and Program; report","url":"\/10.1-1322.5\/","token":"10.1\/II\/13\/1\/10.1-1322.5","metadata":false}],"previous_section":{"id":62436,"structure_id":12861,"section_number":"10.1-1307.3","catch_line":"Executive Director to enforce laws","url":"\/10.1-1307.3\/","token":"10.1\/II\/13\/1\/10.1-1307.3","metadata":false},"next_section":{"id":76943,"structure_id":12861,"section_number":"10.1-1308.01","catch_line":"Qualified fumigation facilities","url":"\/10.1-1308.01\/","token":"10.1\/II\/13\/1\/10.1-1308.01","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1308\/","history_text":"

This law was first created in 1966. The record of its establishment is cataloged in chapter 497 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. Unfortunately, the 1966 \u201cActs\u201d aren\u2019t available online. It has been modified 13 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1968, chapter 311; in 1970, chapter 469; in 1972, chapter 781; in 1973, chapter 251; in 1980, chapter 469; in 1984, chapter 734; in 1988, chapters 26 and 891; in 1993, chapter 456; in 1997, chapter 55<\/a>; in 2005, chapter 66<\/a>; in 2006, chapter 71<\/a>; in 2011, chapter 393<\/a>; in 2020, chapters 1193<\/a> and 1194<\/a>.<\/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\/"},{"id":74498,"section_number":"10.1-1307","catch_line":"Further powers and duties of Board and Department","order_by":null,"url":"\/10.1-1307\/"},{"id":67112,"section_number":"10.1-1322.3","catch_line":"Emissions trading programs; emissions credits; Board to promulgate regulations","order_by":null,"url":"\/10.1-1322.3\/"},{"id":70008,"section_number":"45.2-1701.1","catch_line":" Public disclosure of certain electric generating facility closures","order_by":null,"url":"\/45.2-1701.1\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":54379,"section_number":"2.2-4007.03","catch_line":"Informational proceedings; effect of noncompliance","order_by":null,"url":"\/2.2-4007.03\/"},{"id":79050,"section_number":"2.2-4007.04","catch_line":"Economic impact analysis","order_by":null,"url":"\/2.2-4007.04\/"},{"id":68425,"section_number":"2.2-4007.05","catch_line":"Submission of proposed regulations to the Registrar","order_by":null,"url":"\/2.2-4007.05\/"},{"id":76087,"section_number":"2.2-4026","catch_line":"Right, forms, venue; date of adoption or readoption for purposes of appeal","order_by":null,"url":"\/2.2-4026\/"},{"id":60209,"section_number":"2.2-4030","catch_line":"Recovery of costs and attorney fees from agency","order_by":null,"url":"\/2.2-4030\/"},{"id":84745,"section_number":"2.2-4100","catch_line":"Short title; purpose of chapter; declaration of policy","order_by":null,"url":"\/2.2-4100\/"}],"permalink":{"id":145723,"object_type":"law","relational_id":57864,"identifier":"10.1-1308","token":"10.1\/II\/13\/1\/10.1-1308","url":"\/10.1-1308\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1308\/","token":"10.1\/II\/13\/1\/10.1-1308","dublin_core":{"Title":"Regulations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1308","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span>, after having studied air pollution<\/span> in the various areas of the Commonwealth, its causes, prevention, control and abatement, shall have the power to promulgate regulations, including emergency regulations, abating, controlling and prohibiting air pollution<\/span> throughout or in any part of the Commonwealth in accordance with the provisions of the Administrative Process Act (§ 2.2-4000<\/a> et seq.), except that a description of provisions of any proposed regulation which are more restrictive than applicable federal requirements, together with the reason why the more restrictive provisions are needed, shall be provided to the standing committee of each house of the General Assembly to which matters relating to the content of the regulation are most properly referable. No such regulation shall prohibit the burning of leaves from trees by persons<\/span> on property where they reside if the local governing body of the county, city or town has enacted an otherwise valid ordinance<\/span> regulating such burning. The regulations shall not promote or encourage any substantial degradation of present air quality in any air basin or region which has an air quality superior to that stipulated in the regulations. Any regulations adopted by the Board<\/span> to have general effect in part or all of the Commonwealth shall be filed in accordance with the Virginia Register Act (§ 2.2-4100<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any regulation that prohibits the selling of any consumer product shall not restrict the continued sale of the product by retailers of any existing inventories in stock at the time the regulation is promulgated. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any regulation requiring the use of stage 1 vapor recovery equipment at gasoline dispensing facilities may be applicable only in areas that have been designated at any time by the U.S. Environmental Protection Agency as nonattainment for the pollutant ozone. For purposes of this section, gasoline dispensing facility means any site where gasoline is dispensed to motor vehicle tanks from storage tanks. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> No regulation of the Board<\/span> shall require permits for the construction or operation of qualified fumigation facilities, as defined in § 10.1-1308.01<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding any other provision of law<\/span> and no earlier than July 1, 2024, the Board<\/span> shall adopt regulations to reduce, for the period of 2031 to 2050, the carbon dioxide emissions from any electricity generating unit in the Commonwealth, regardless of fuel type, that serves an electricity generator with a nameplate capacity equal to or greater than 25 megawatts that supplies (i) 10 percent or more of its annual net electrical generation to the electric grid or (ii) more than 15 percent of its annual total useful energy to any entity other than the manufacturing facility to which the generating source is interconnected (covered unit).\n\t\t\tThe Board<\/span> may establish, implement, and manage an auction program to sell allowances to carry out the purposes of such regulations or may in its discretion utilize an existing multistate trading system.\n\t\t\tThe Board<\/span> may utilize its existing regulations to reduce carbon dioxide emissions from electric power generating facilities; however, the regulations shall provide that no allowances be issued for covered units in 2050 or any year beyond 2050. The Board<\/span> may establish rules for trading, the use of banked allowances, and other auction or market mechanisms as it may find appropriate to control allowance costs and otherwise carry out the purpose of this subsection.\n\t\t\tIn adopting such regulations, the Board<\/span> shall consider only the carbon dioxide emissions from the covered units. The Board<\/span> shall not provide for emission offsetting or netting based on fuel type.\n\t\t\tRegulations adopted by the Board<\/span> under this subsection shall be subject to the requirements set out in §§ 2.2-4007.03<\/a>, 2.2-4007.04<\/a>, 2.2-4007.05<\/a>, and 2.2-4026<\/a> through 2.2-4030<\/a> of the Administrative Process Act (§ 2.2-4000<\/a> et seq.) and shall be published in the Virginia Register of Regulations. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREGULATIONS (\u00a7 10.1-1308)\n\nA. The Board, after having studied air pollution in the various areas of the\nCommonwealth, its causes, prevention, control and abatement, shall have the\npower to promulgate regulations, including emergency regulations, abating,\ncontrolling and prohibiting air pollution throughout or in any part of the\nCommonwealth in accordance with the provisions of the Administrative Process Act\n(§ 2.2-4000 et seq.), except that a description of provisions of any\nproposed regulation which are more restrictive than applicable federal\nrequirements, together with the reason why the more restrictive provisions are\nneeded, shall be provided to the standing committee of each house of the General\nAssembly to which matters relating to the content of the regulation are most\nproperly referable. No such regulation shall prohibit the burning of leaves from\ntrees by persons on property where they reside if the local governing body of\nthe county, city or town has enacted an otherwise valid ordinance regulating\nsuch burning. The regulations shall not promote or encourage any substantial\ndegradation of present air quality in any air basin or region which has an air\nquality superior to that stipulated in the regulations. Any regulations adopted\nby the Board to have general effect in part or all of the Commonwealth shall be\nfiled in accordance with the Virginia Register Act (§ 2.2-4100 et seq.).\n\nB. Any regulation that prohibits the selling of any consumer product shall not\nrestrict the continued sale of the product by retailers of any existing\ninventories in stock at the time the regulation is promulgated.\n\nC. Any regulation requiring the use of stage 1 vapor recovery equipment at\ngasoline dispensing facilities may be applicable only in areas that have been\ndesignated at any time by the U.S. Environmental Protection Agency as\nnonattainment for the pollutant ozone. For purposes of this section, gasoline\ndispensing facility means any site where gasoline is dispensed to motor vehicle\ntanks from storage tanks.\n\nD. No regulation of the Board shall require permits for the construction or\noperation of qualified fumigation facilities, as defined in § 10.1-1308.01.\n\nE. Notwithstanding any other provision of law and no earlier than July 1, 2024,\nthe Board shall adopt regulations to reduce, for the period of 2031 to 2050, the\ncarbon dioxide emissions from any electricity generating unit in the\nCommonwealth, regardless of fuel type, that serves an electricity generator with\na nameplate capacity equal to or greater than 25 megawatts that supplies (i) 10\npercent or more of its annual net electrical generation to the electric grid or\n(ii) more than 15 percent of its annual total useful energy to any entity other\nthan the manufacturing facility to which the generating source is interconnected\n(covered unit).\n\t\t\tThe Board may establish, implement, and manage an auction program to sell\nallowances to carry out the purposes of such regulations or may in its\ndiscretion utilize an existing multistate trading system.\n\t\t\tThe Board may utilize its existing regulations to reduce carbon dioxide\nemissions from electric power generating facilities; however, the regulations\nshall provide that no allowances be issued for covered units in 2050 or any year\nbeyond 2050. The Board may establish rules for trading, the use of banked\nallowances, and other auction or market mechanisms as it may find appropriate to\ncontrol allowance costs and otherwise carry out the purpose of this subsection.\n\t\t\tIn adopting such regulations, the Board shall consider only the carbon\ndioxide emissions from the covered units. The Board shall not provide for\nemission offsetting or netting based on fuel type.\n\t\t\tRegulations adopted by the Board under this subsection shall be subject to\nthe requirements set out in §§ 2.2-4007.03, 2.2-4007.04, 2.2-4007.05,\nand 2.2-4026 through 2.2-4030 of the Administrative Process Act (§ 2.2-4000\net seq.) and shall be published in the Virginia Register of Regulations.\n\nHISTORY: 1966, c. 497, \u00a7\u00a7 10-17.16, 10-17.18; 1968, c. 311; 1969, Ex. Sess.,\nc. 8; 1970, c. 469; 1972, c. 781; 1973, c. 251; 1980, c. 469; 1984, c. 734;\n1988, cc. 26, 891; 1993, c. 456; 1997, c. 55; 2005, c. 66; 2006, c. 71; 2011, c.\n393; 2020, cc. 1193, 1194.","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}}