TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

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, Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4s). The purpose of the proposed action is to amend and reissue the existing Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4s), which governs local governments and state and federal agencies, such as public universities, departments of transportation, hospitals, and prisons, that discharge stormwater from municipally owned separate storm sewer systems located within urban areas with a population of 50,000 or more, as determined by the Bureau of Census. The existing general permit expires on October 31, 2028, and must be amended and reissued to authorize small MS4s to continue to discharge under the general permit.

DEQ intends to review and revise the Chesapeake Bay total maximum daily load (TMDL) special condition as necessary to maintain reductions. In addition, all permit conditions will be reviewed and addressed as necessary, including local TMDL requirements and special permit conditions. Amendments may be identified following the submittal of public comments on this notice, through the work of the technical advisory committee, or to comply with federal regulations and watershed plans.

In addition, pursuant to § 2.2-4007.1 of the Code of Virginia, the agency is conducting a periodic review and a small business impact review of this regulation to determine whether this regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare; (ii) minimizes the economic impact on small businesses consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

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: August 12, 2026.

Agency Contact: Sarah Desmarais, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 814-5575, or email sarah.desmarais@deq.virginia.gov.