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Virginia Administrative Code
Title 9. Environment
Agency 5. State Air Pollution Control Board
Chapter 140. Regulation for Emissions Trading Programs
5/3/2026

9VAC5-140-7040. Applicability.

A. Any fossil fuel-fired unit that serves an electricity generator with a nameplate capacity equal to or greater than 25 MWe shall be a CO2 budget unit, and any source that includes one or more such units shall be a CO2 budget source, subject to the requirements of this part.

B. Exempt from the requirements of this part is any fossil fuel CO2 budget source located at or adjacent to and physically interconnected with a manufacturing facility that, prior to January 1, 2020, and in every subsequent calendar year, met either of the following requirements:

1. Supplies less than or equal to 10% of its annual net electrical generation to the electric grid; or

2. Supplies less than or equal to 15% of its annual total useful energy to any entity other than the manufacturing facility to which the CO2 budget source is interconnected.

For the purpose of subdivision 1 of this subsection, annual net electrical generation shall be determined as follows:

(ES – EP) / EG x 100

Where:

ES = electricity sales to the grid from the CO2 budget source

EP = electricity purchases from the grid by the CO2 budget source and the manufacturing facility to which the CO2 budget source is interconnected

EG = electricity generation

Such exempt CO2 budget source shall have an operating permit containing the applicable restrictions under this subsection. An application for such operating permit shall be submitted to the department no later than January 1, 2022.

C. Virginia's CO2 Budget Trading Program was not active from January 1, 2024, to June 30, 2026, inclusive, and requirements of Virginia's CO2 Budget Trading Program were not applicable during that time period.

D. There is a one-time six-month control period from July 1, 2026, to December 31, 2026, inclusive.

E. When referenced in permits issued by the board or department prior to July 1, 2026, the following citations have the following meanings:

1. 9VAC5-140-6010 means 9VAC5-140-7010.

2. 9VAC5-140-6020 means 9VAC5-140-7020.

3. 9VAC5-140-6030 means 9VAC5-140-7030.

4. 9VAC5-140-6040 means 9VAC5-140-7040.

5. 9VAC5-140-6050 means 9VAC5-140-7050.

6. 9VAC5-140-6060 means 9VAC5-140-7060.

7. 9VAC5-140-6070 means 9VAC5-140-7070.

8. 9VAC5-140-6080 means 9VAC5-140-7080.

9. 9VAC5-140-6090 means 9VAC5-140-7090.

10. 9VAC5-140-6100 means 9VAC5-140-7100.

11. 9VAC5-140-6110 means 9VAC5-140-7110.

12. 9VAC5-140-6120 means 9VAC5-140-7120.

13. 9VAC5-140-6130 means 9VAC5-140-7130.

14. 9VAC5-140-6140 means 9VAC5-140-7140.

15. 9VAC5-140-6150 means 9VAC5-140-7150.

16. 9VAC5-140-6160 means 9VAC5-140-7160.

17. 9VAC5-140-6170 means 9VAC5-140-7170.

18. 9VAC5-140-6180 means 9VAC5-140-7180.

19. 9VAC5-140-6190 means 9VAC5-140-7190.

20. 9VAC5-140-6200 means 9VAC5-140-7200.

21. 9VAC5-140-6210 means 9VAC5-140-7210.

22. 9VAC5-140-6220 means 9VAC5-140-7220.

23. 9VAC5-140-6230 means 9VAC5-140-7230.

24. 9VAC5-140-6240 means 9VAC5-140-7240.

25. 9VAC5-140-6250 means 9VAC5-140-7250.

26. 9VAC5-140-6260 means 9VAC5-140-7260.

27. 9VAC5-140-6270 means 9VAC5-140-7270.

28. 9VAC5-140-6280 means 9VAC5-140-7280.

29. 9VAC5-140-6290 means 9VAC5-140-7290.

30. 9VAC5-140-6300 means 9VAC5-140-7300.

31. 9VAC5-140-6310 means 9VAC5-140-7310.

32. 9VAC5-140-6320 means 9VAC5-140-7320.

33. 9VAC5-140-6325 means 9VAC5-140-7325.

34. 9VAC5-140-6330 means 9VAC5-140-7330.

35. 9VAC5-140-6340 means 9VAC5-140-7340.

36. 9VAC5-140-6350 means 9VAC5-140-7350.

37. 9VAC5-140-6360 means 9VAC5-140-7360.

38. 9VAC5-140-6370 means 9VAC5-140-7370.

39. 9VAC5-140-6380 means 9VAC5-140-7380.

40. 9VAC5-140-6410 means 9VAC5-140-7410.

41. 9VAC5-140-6420 means 9VAC5-140-7420.

42. 9VAC5-140-6440 means 9VAC5-140-7440.

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.

Historical Notes

Former 9VAC5-140-6040, reinstated 9VAC5-140-7040, Virginia Register Volume 42, Issue 20, eff. April 24, 2026.

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