                                 CODE OF VIRGINIA

REGULATIONS (§ 10.1-1308)

A. 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
(&#xA7; 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 (&#xA7; 2.2-4100 et seq.).

B. 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.

C. 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.

D. No regulation of the Board shall require permits for the construction or
operation of qualified fumigation facilities, as defined in &#xA7; 10.1-1308.01.

E. 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).
			The 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.
			The 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.
			In 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.
			Regulations adopted by the Board under this subsection shall be subject to
the requirements set out in &#xA7;&#xA7; 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 (&#xA7; 2.2-4000
et seq.) and shall be published in the Virginia Register of Regulations.

HISTORY: 1966, c. 497, §§ 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.