Vol. 38 Iss. 3 - September 27, 2021

Chapter 890
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Water Control Board intends to consider amending 9VAC25-890, General VPDES Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems. The purpose of the proposed action is to amend and reissue the existing general permit, which expires on October 31, 2023. The general permit governs local governments and state and federal agencies that discharge stormwater from municipally owned separate storm sewer systems (MS4s) located within the Census Urbanized Area as determined by the Bureau of Census. The general permit establishes the minimum control measures to reduce the potential discharge of pollutants in municipal stormwater as well as requirements for demonstration of compliance with total maximum daily load wasteload allocations for local watersheds and the Chesapeake Bay. The general permit protects water quality in the Commonwealth of Virginia and authorizes municipal owners or operators of MS4s to discharge stormwater to waters of the state. Changes being considered to the existing general permit include updating the effective dates of the general permit, clarifying permit requirements, and correcting typographical errors. Based on concerns expressed during the previous reissuance of the general permit, the Department of Environmental Quality is considering either replacement of the existing general permit effective July 1, 2023, or shortening the term of the reissued general permit to June 30, 2028, to match the fiscal year reporting requirements under the regulation. Amendments may be identified following public comment on this notice, through the work of the technical advisory committee, or to comply with federal regulations and watershed plans.

In addition, a periodic review and a small business impact review of this regulation will be conducted as part of this regulatory action.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 62.1-44.15:28 of the Code of Virginia.

Public Comment Deadline: October 27, 2021.

Agency Contact: Derick Winn, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4114, FAX (804) 698-4178, or email

VA.R. Doc. No. R22-6940; Filed August 27, 2021