Virginia Regulatory Town Hall
Department of Environmental Quality
Air Pollution Control Board
Regulation for Emissions Trading [9 VAC 5 ‑ 140]
Action is Exempt from Article 2 of the Administrative Process Act
Amend CO2 Budget Trading Program to comport with RGGI Model Rule as required by Chapter 1219, 2020 A
Action 5548
General Information
Action Summary Chapter 1219 of the 2020 Acts of Assembly amends the Air Pollution Control Law to add a new Article 4, the Clean Energy and Community Flood Preparedness Act. Under § 10.1-1330 A, Clean Energy and Community Flood Preparedness, "[T]he provisions of this article shall be incorporated by the Department, without further action by the Board, into the final regulation adopted by the Board on April 19, 2019, and published in the Virginia Register on May 27, 2019. Such incorporation by the Department shall be exempt from the provisions of the Virginia Administrative Process Act (§ 2.2-4000 et seq.)." Accordingly, Part VII of 9VAC5-140, Regulation for Emissions Trading, has been amended such that it comports with the full Regional Greenhouse Gas Initiative (RGGI) CO2 emissions trading program and associated auction as mandated by Chapter 1219.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: Ch 1219, 2020 Acts of Assembly
RIS Project Yes  [006340]
Associated Mandates Amendment of the Carbon Dioxide Cap and Trade Program
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
8989 Final Stage complete. This regulation became effective on 07/10/2020.
Contact Information
Name / Title: Karen G. Sabasteanski 
Address: 1111 East Main Street, Suite 1400
P.O. Box 1105
Richmond, VA 23218
Email Address:
Phone: (804)698-4423    FAX: (804)698-4178    TDD: ()-