PETITIONS FOR RULEMAKINGVol. 27 Iss. 22 - July 04, 2011
TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD
Initial Agency Notice
Title of Regulation: None specified.
Statutory Authority: § 10.1-1308 of the Code of Virginia.
Name of Petitioner: Emma Serrels, Alec Loorz, and Victoria Loorz (Kids vs. Global Warming).
Nature of Petitioner's Request: The petitioner is requesting the State Air Pollution Control Board to adopt regulations to:
1. Ensure that carbon dioxide emissions from fossil fuels peak in the year 2012;
2. Adopt a carbon dioxide emissions reduction plan that, consistent with the best available science, reduces statewide fossil fuel carbon dioxide emissions by at least 6.0% annually until at least 2050 and expands Virginia's capacity for carbon sequestration;
3. Establish a statewide greenhouse gas emissions accounting, verification and inventory and issue annual progress reports so that the public has access to accurate data regarding the effectiveness of Virginia's efforts to reduce fossil fuel carbon dioxide emissions; and
4. Adopt any necessary policies or regulations to implement the greenhouse gas emissions reduction plan, as detailed in 1 and 2 above.
Agency's Plan for Disposition of Request: The State Air Pollution Control Board received the petition on June 10, 2011. In accordance with the Administrative Process Act, the board will receive comments from the public on whether or not to initiate a rulemaking for 21 days after publication of the notice of receipt of the petition is published in the Virginia Register of Regulations. The notice will be published in the July 4, 2011 issue of the Register and the public comment period will run from July 4, 2011, through July 25, 2011. A copy of the petition is available on the Department of Environmental Quality's website, www.deq.virginia.gov, under Air Public Notices.
In addition, staff has been asked to provide, when the petition is presented to the board for a decision, information, to the extent practicable, on the following:
• What are the impacts on the regulated community?
• What is the feasibility of the requested action?
• How would it be enforced?
• Is a state-by-state approach appropriate?
• How would a determination be made that any regulation adopted had achieved the stated purpose of the regulation?
• Would the reduction of fossil fuel carbon dioxide emissions, given current and foreseeable technologies, be expected to be accompanied by:
a. Reductions of other emissions such as sulfur oxides, nitrogen oxides, and mercury or other beneficial environmental consequences?
b. Increases of other emissions or other adverse environmental consequences?
• What are the benefits of reducing carbon dioxide emissions, including any co-benefits resulting from the reduction of other emissions or other beneficial environmental consequences? Quantify with respect to such items as premature deaths, emergency room visits, asthma attacks, lost workdays, and lost productivity; and estimated dollar benefit to society.
• What are the harms of any identified increased emissions or adverse environmental consequences resulting from carbon dioxide emission reductions? Quantify with respect to such items as increases in premature deaths, emergency room visits, asthma attacks, lost workdays, and lost productivity; and estimated dollar harm to society.
Public comment on these items will also be accepted from July 4, 2011, through July 25, 2011.
Public Comment Deadline: July 25, 2011.
Agency Contact: Karen Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4426, or email karen.sabasteanski@deq.virginia.gov.
VA.R. Doc. No. R11-47; Filed June 15, 2011, 8:37 a.m.
