Authority: Title 10.1, Chapters 11.1, 13 and 14; Title 44, Chapter 3.5; Title 46.2; §§ 46.2-1176 through 46.2-1187.3; and Title 62.1, Chapters 3.1, 20, 24 and 25, Code of Virginia.

A. The Department of Environmental Quality is authorized to commit resources necessary to qualify for in-kind match for the U.S. Army Corps of Engineers for the John H. Kerr Dam and Reservoir, Virginia and North Carolina Feasibility Study, to be conducted in accordance with § 216 of the River and Harbors Flood Control Act of 1970.

B. Included in this appropriation is $486,000 each year in nongeneral funds for the State Programmatic General Permit program. The source of the nongeneral funds is $236,000 each year from fees associated with the program and $250,000 each year from the Virginia Emergency Environmental Emergency Response Fund, representing fines collected as a result of wetlands regulation violations. In addition, the Department of Environmental Quality shall apply for federal grants, including a Coastal Zone Management Grant, to ensure effective implementation and enforcement of Virginia's nontidal wetlands program.

C. The Department of Environmental Quality is authorized to use up to $300,000 each year from the Vehicle Emissions Inspection Program Fund to implement the provisions of House Bill 570, 2002 Session of the General Assembly Chapter 710, Acts of Assembly of 2002, which authorizes the Department to operate a program to subsidize repairs of vehicles that fail to meet emissions standards established by the Board when the owner of the vehicle is financially unable to have the vehicle repaired.

D.1. The Department of Environmental Quality may auction the NOx emissions credits allocated under the NOx SIP call as set asides for new sources and any revenue generated shall be deposited to the general fund of the state treasury. Prior to any auction, the department shall report to the Secretary of Natural Resources and to the Chairmen of the Senate Finance and House Appropriations Committees on the process by which an auction shall be conducted. The report shall be submitted no later than January 8, 2003.

2. The State Air Pollution Control Board may promulgate emergency regulations to implement the provisions of the preceding subparagraph.

E. Notwithstanding the provisions of Title 10.1, Chapter 25, Code of Virginia, the Department is authorized to expend funds from the balances in the Virginia Environmental Emergency Response Fund for costs associated with its waste management and water programs. In no event, however, shall any funds be expended for these purposes that would cause the balance in the Fund to fall below $2,000,000.