Vol. 35 Iss. 12 - February 04, 2019

Chapter 850
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:

9VAC25-830, Chesapeake Bay Preservation Area Designation and Management Regulations (formerly 4VAC50-90)

9VAC25-840, Erosion and Sediment Control Regulations (formerly 4VAC50-30)

9VAC25-850, Erosion and Sediment Control and Stormwater Management Certification Regulations (formerly 4VAC50-50)

9VAC25-870, Virginia Stormwater Management Program (VSMP) Regulation (formerly 4VAC50-60)

9VAC25-880, General VPDES Permit for Discharges of Stormwater from Construction Activities (formerly Part XIV of 4VAC50-60)

9VAC25-890, General VPDES Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems (formerly Part XV, 4VAC50-60)

The purpose of the proposed action is to implement Chapters 68 and 758 of the 2016 Acts of Assembly, which combine the existing Virginia Stormwater Management Act and Virginia Erosion and Sediment Control Law to create the Virginia Erosion and Stormwater Management Act. The legislation directs the State Water Control Board to permit, regulate, and control both erosion and stormwater runoff, and for this legislation to become effective, the board is required to initiate a regulatory action to consolidate and clarify program requirements, eliminate redundancies, and correct inconsistencies between erosion and sediment control regulations and stormwater management program regulations. No substantive changes to existing erosion and sediment control minimum standards or to the post-construction stormwater management technical criteria are proposed as part of this regulatory action.

In addition, pursuant to Executive Order 14 (as amended, July 16, 2018) and § 2.2-4007.1 of the Code of Virginia, the agency is conducting a periodic review and 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; Chapters 68 and 758 of the 2016 Acts of Assembly.

Public Comment Deadline: March 6, 2019.

Agency Contact: Jaime Robb, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4416, FAX (804) 698-4032, or email

VA.R. Doc. No. R19-5787; Filed January 16, 2019, 9:14 a.m.