Va. Governor Executive Directive on Reducing Carbon Emissions from Power Plants; Issued May 16, 2017; Regulatory Process Started in June 2017

On May 16, 2017, Va. Gov. Terry McAuliffe signed and announced Executive Directive 11, which instructs the Department of Environmental Quality (DEQ) to begin a process of developing regulations to reduce carbon emissions from electric power plants.  The directive is available online (as a PDF) at http://governor.virginia.gov/media/9155/ed-11-reducing-carbon-dioxide-emissions-from-electric-power-facilities-and-growing-virginias-clean-energy-economy.pdf.

Following is an excerpt from the directive: “I hereby direct the Director of the Department of Environmental Quality, in coordination with the Secretary of Natural Resources, to take the following actions…
1. Develop a proposed regulation for the State Air Pollution Control Board’s consideration to abate, control, or limit carbon dioxide emissions from electric power facilities that: a. Includes provisions to ensure that Virginia’s regulation is “trading-ready” to allow for the use of market-based mechanisms and the trading of carbon dioxide allowances through a multi-state trading program; and b. Establishes abatement mechanisms providing for a corresponding level of stringency to limits on carbon dioxide emissions imposed in other states with such limits.
2. By no later than December 31, 2017, present the proposed regulation to the State Air Pollution Control Board for consideration for approval for public comment….”

A Notice of Intended Regulatory Action was published in the Virginia Register of Regulations on June 26, 2017.  The pertinent section of the Virginia Administrative Code is 9 VAC 5-140.   More information on this regulatory action is available online at http://townhall.virginia.gov/L/viewaction.cfm?actionid=4818.  According to the “Action Summary” at that Web site, “[t]he purpose of the proposed action is to develop a regulation, in accordance with Executive Directive 11 (2017), ‘Reducing Carbon Dioxide Emissions from Electric Power Facilities and Growing Virginia’s Clean Energy Economy,’ that (i) ensures that Virginia is trading-ready to allow for the use of market-based mechanisms and the trading of carbon dioxide (CO2) allowances through a multi-state trading program, and (ii) establishes abatement mechanisms that provide for a corresponding level of stringency to CO2 limits imposed in other states with such limits.”

A Regulatory Advisory Committee was formed to provide advice to the DEQ on development of the CO2 regulations.  The committee was scheduled to hold its first meeting on August 3, 2017; information on that meeting is available online at http://townhall.virginia.gov/L/ViewMeeting.cfm?MeetingID=26367.

The new directive follows the report on May 12 of the Executive Order 57 Work Group, which the governor established in June 2016 to study and make recommendations about reducing carbon emissions from the Commonwealth’s power plants.  The group’s final report, along with more information about Executive Order 57, is available online at https://naturalresources.virginia.gov/initiatives/eo-57/.

Source: Governor McAuliffe Takes Executive Action to Reduce Carbon Emissions Across Virginia; “Clean Energy Virginia” initiative will cap greenhouse gases and grow Virginia’s clean energy economy, Virginia Governor’s Office News Release, 5/16/17.

Following are some news media accounts on Executive Directive 11, listed from newest to oldest.
Virginia Begins Development of Cap-and-Trade Program for Electric Power Sector, National Law Review, 5/19/17.
Wagner takes aim at McAuliffe carbon order; critics say he’s seeking attention, Daily Press, 5/19/17.
Amid longshot run for governor, Wagner says he’ll call emergency hearing to fight McAuliffe’s climate change plan, Richmond Times-Dispatch, 5/19/17.
Virginia Governor Orders Power Plant Carbon Regulations, POWER Magazine, 5/18/17.
Bucking D.C. and Republican legislature, Virginia governor moves to limit carbon emissions, ThinkProgress (Center for American Progress Action Fund), 5/17/17.
McAuliffe Moves to Cap Utility Carbon Emissions, Bacon’s Rebellion, 5/17/17.
McAuliffe moves to curb carbon emissions blamed for sea level rise, [Newport News] Daily Press, 5/16/17.
McAuliffe: Virginia will regulate carbon emissions; ‘the threat of climate change is real’, Richmond Times-Dispatch, 5/16/17.
McAuliffe proposes statewide carbon cap, Washington Post, 5/16/17.
Virginia AG: State board can regulate carbon pollution, Richmond Times-Dispatch, 5/12/17.
Will Virginia forge its own path on carbon regulation?, Richmond Times-Dispatch, 5/3/17.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s