Virginia

Data center air permits: Tier 4 equivalent generator emission limits (Va. Code 10.1-1322.6)

Enacted legislation or regulation

In effect This instrument is recorded as currently in effect as of the dataset date.

Scope

Code of Virginia section 10.1-1322.6, "Permits for data centers; emission limits for certain engine-generator sets" (2026 Acts chapter 397), bars the Department of Environmental Quality from issuing an air permit, including general-permit coverage, on any application for a data center submitted on or after 1 July 2026 unless each engine-generator set's emission limit is equal to or less than that of a Tier 4 equivalent gen-set. It does not limit stricter limits set by the Department.

Geographic scope
Virginia
Jurisdiction
State
Authority type
Legislature
Issuing authority
Virginia General Assembly

Dates

Adopted
8 April 2026
Effective
1 July 2026
Scheduled expiration
See completion condition
Ended
Not recorded as ended
Completion condition
The section states no expiration.
Source document
The source page states no document date
Last checked
23 September 2026 (earlier than tracker date 5 October 2026; not an automatic status change)

Summary

Virginia Code section 10.1-1322.6, added by 2026 Acts chapter 397 (House Bill 507), requires that any Department of Environmental Quality air permit for a data center applied for on or after 1 July 2026 set engine-generator emission limits no higher than those of a Tier 4 equivalent gen-set, defined as one with selective catalytic reduction, a diesel oxidation catalyst and a diesel particulate filter or equivalents. The Department may still set stricter limits.

What this does not establish

  • The Governor's approval date for chapter 397 was not opened (the Legislative Information System bill pages do not permit automated access and its API copy uses an embedded key), so no adoption date is stored.
  • 1 July 2026 is the application date from which the rule applies, stated in subsection B.
  • Permits already issued before that date are not addressed by this record.

Unresolved questions

None recorded.

Relationships

Supersession means a later instrument replaces the earlier legal effect. Repeal links identify the repeal instrument and the measure it ends. A later implementation or related letter is not treated as a replacement unless the record says so.

  • No related action is recorded.

Sources

Primary source

https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1322.6/

    Back to the policy tracker ยท Virginia policy module