TITLE 9. ENVIRONMENT

STATE AIR POLLUTION CONTROL BOARD

Final Regulation

Title of Regulation: 9VAC5-80. Permits for Stationary Sources (amending 9VAC5-80-1105).

Statutory Authority: § 10.1-1308 of the Code of Virginia.

Effective Date: July 30, 2025.

Agency Contact: Karen G. Sabasteanski, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-1973, or email karen.sabasteanski@deq.virginia.gov.

Summary:

Pursuant to Chapter 365 of the 2025 Acts of Assembly, the amendment extends permit exemptions for poultry and swine incinerators to bovine incinerators.

9VAC5-80-1105. Permit exemptions.

A. The general requirements for minor NSR permit exemptions are as follows:

1. The provisions of this article do not apply to the following stationary sources or emissions units:

a. The construction of any stationary source or emissions unit that is exempt under the provisions of subsections B through F of this section. In determining whether a source is exempt from the provisions of this article, the provisions of subsections B, C, and D of this section are independent from the provisions of subsections E and F of this section. A source must be determined to be exempt both under the provisions of subsections B, C, and D of this section taken as a group and under the provisions of subsections E and F of this section to be exempt from this article.

b. Vegetative waste recycling/mulching operations that do not exceed 2100 hours of operation in any 12-month consecutive period at a single stationary source. To qualify as an exemption under this subdivision, the total rated capacity of all diesel engines at the source, including portable diesel engines temporarily located at the site, may not exceed 1200 brake horsepower (output).

c. The location of a portable emissions unit at a site subject to the following conditions:

(1) Any new emissions from the portable emissions unit are secondary emissions.

(2) The portable emissions unit is either subject to (i) a minor NSR permit authorizing the emissions unit as a portable emissions unit subject to this subdivision or (ii) a general permit.

(3) The emissions of the portable emissions unit at the site would be temporary.

(4) The portable emissions unit would not undergo modification or replacement that would be subject to this article.

(5) The portable emissions unit is suitable to the area in which it is to be located.

(6) Reasonable notice is given to the department prior to locating the emissions unit to the site identifying the proposed site and the probable duration of operation at the site. Such notice shall be provided to the department not less than 15 days prior to the date the emissions unit is to be located at the site unless a different notification schedule is previously approved by the department.

d. The reactivation of a stationary source unless a determination concerning shutdown has been made pursuant to the provisions of 9VAC5-20-220.

e. The use by any existing stationary source or emissions unit of an alternative fuel or raw material, if the following conditions are met:

(1) The owner demonstrates to the department that, as a result of trial burns at the owner's facility or other facilities or other sufficient data, the emissions resulting from the use of the alternative fuel or raw material supply are decreased. No demonstration will be required for the use of processed animal fat, processed fish oil, processed vegetable oil, distillate oil, or any mixture thereof in place of the same quantity of residual oil to fire industrial boilers.

(2) The use of an alternative fuel or raw material would not be subject to review under this article as a project.

2. The provisions of this article do not apply to the following stationary sources or emissions units provided the stationary source or emissions unit (i) is exempt under the provisions of subsections E and F of this section and (ii) meets any other applicable criteria or conditions set forth in this subdivision.

a. Replacement of an emissions unit subject to the following criteria:

(1) The replacement emissions unit is (i) of an equal or lesser size and (ii) of an equal or lesser rated capacity as compared to the replaced emissions unit.

(2) The replacement emissions unit is functionally equivalent to the replaced emissions unit.

(3) The replacement emissions unit does not change the basic design parameters of the process operation.

(4) The potential to emit of the replacement emissions unit does not exceed the potential to emit of the replaced emissions unit. If the replaced emissions unit is subject to terms and conditions contained in a minor NSR permit, the owner may, concurrently with the notification required in subdivision (6) of this subdivision, request a minor amendment as provided in 9VAC5-80-1280 B 4 to that permit to apply those terms and conditions to the replacement emissions unit. However, the replacement emissions unit's potential to emit is not limited for the purposes of this subdivision unless (and until) the requested minor permit amendment is granted by the department.

(5) The replaced emissions unit is either removed or permanently shut down in accordance with the provisions of 9VAC5-20-220.

(6) The owner notifies the department, in writing, of the proposed replacement at least 15 days prior to commencing construction on the replacement emissions unit. Such notification shall include the size, function, and rated capacity of the existing and replacement emissions units and the registration number of the affected stationary source.

b. A reduction in stack outlet elevation, provided that the stack serves only facilities that have been previously determined to be exempt from the minor NSR program.

3. In determining whether a facility is exempt from the provisions of this article under the provisions of subsection B of this section, the definitions in 9VAC5-40 (Existing Stationary Sources) that would cover the facility if it were an existing source shall be used unless deemed inappropriate by the department.

4. Any owner claiming that a facility is exempt from this article under the provisions of this section shall keep records as may be necessary to demonstrate to the satisfaction of the department that the facility was exempt at the time a minor NSR permit would have otherwise been required under this article.

B. Facilities as specified below shall be exempt from the provisions of this article.

1. Fuel burning equipment units (external combustion units, not engines and turbines) and space heaters in a single application as follows:

a. Except as provided in subdivision b of this subdivision, the exemption thresholds in subdivisions (1) through (4) of this subdivision shall be applied on an individual unit basis for each fuel type.

(1) Using solid fuel with a maximum heat input of less than 1,000,000 Btu per hour.

(2) Using liquid fuel with a maximum heat input of less than 10,000,000 Btu per hour.

(3) Using liquid and gaseous fuel with a maximum heat input of less than 10,000,000 Btu per hour.

(4) Using gaseous fuel with a maximum heat input of less than 50,000,000 Btu per hour.

b. In ozone nonattainment areas designated in 9VAC5-20-204 or ozone maintenance areas designated in 9VAC5-20-203, the exemption thresholds in subdivision a of this subdivision shall be applied in the aggregate for each fuel type.

2. Engines and turbines that do not individually exceed 500 hours of operation per year at a single stationary source and that are used only (i) during an emergency, for required maintenance, for operability and emissions testing, or (ii) as provided by 9VAC5-80-1111 as follows. All engines and turbines in a single application must also meet the following criteria to be exempt.

a. Gasoline engines with an aggregate rated brake (output) horsepower of less than 910 hp and gasoline engines powering electrical generators having an aggregate rated electrical power output of less than 611 kilowatts.

b. Diesel engines with an aggregate rated brake (output) horsepower of less than 1,675 hp and diesel engines powering electrical generators having an aggregate rated electrical power output of less than 1125 kilowatts.

c. Combustion gas turbines with an aggregate of less than 10,000,000 Btu per hour heat input (low heating value).

3. Engines that power mobile sources during periods of maintenance, repair, or testing.

4. Volatile organic compound storage and transfer operations involving petroleum liquids and other volatile organic compounds with a vapor pressure less than 1.5 pounds per square inch absolute under actual storage conditions or, in the case of loading or processing, under actual loading or processing conditions; and any operation specified below:

a. Volatile organic compound transfer operations involving:

(1) Any tank of 2,000 gallons or less storage capacity; or

(2) Any operation outside the volatile organic compound emissions control areas designated in 9VAC5-20-206.

b. Volatile organic compound storage operations involving any tank of 40,000 gallons or less storage capacity.

5. Vehicle customizing coating operations, if production is less than 20 vehicles per day.

6. Vehicle refinishing operations.

7. Coating operations for the exterior of fully assembled aircraft or marine vessels.

8. Petroleum liquid storage and transfer operations involving petroleum liquids with a vapor pressure less than 1.5 pounds per square inch absolute under actual storage conditions or, in the case of loading or processing, under actual loading or processing conditions (kerosene and fuel oil used for household heating have vapor pressures of less than 1.5 pounds per square inch absolute under actual storage conditions; therefore, kerosene and fuel oil are not subject to the provisions of this article when used or stored at ambient temperatures); and any operation or facility specified below:

a. Gasoline bulk loading operations at bulk terminals located outside volatile organic compound emissions control areas designated in 9VAC5-20-206.

b. Gasoline dispensing facilities.

c. Gasoline bulk loading operations at bulk plants:

(1) With an expected daily throughput of less than 4,000 gallons, or

(2) Located outside volatile organic compound emissions control areas designated in 9VAC5-20-206.

d. Account/tank trucks; however, permits issued for gasoline storage/transfer facilities should include a provision that all associated account/tank trucks meet the same requirements as those trucks serving existing facilities.

e. Petroleum liquid storage operations involving:

(1) Any tank of 40,000 gallons or less storage capacity;

(2) Any tank of less than 420,000 gallons storage capacity for crude oil or condensate stored, processed or treated at a drilling and production facility prior to custody transfer; or

(3) Any tank storing waxy, heavy pour crude oil.

9. Petroleum dry cleaning plants with a total manufacturers' rated solvent dryer capacity less than 84 pounds as determined by the applicable new source performance standard in 9VAC5-50-410.

10. Any addition of, relocation of, or change to a woodworking machine within a wood product manufacturing plant, provided the system air movement capacity, expressed as the cubic feet per minute of air, is not increased and maximum control efficiency of the control system is not decreased.

11. Wood sawmills and planing mills primarily engaged in sawing rough lumber and timber from logs and bolts, or resawing cants and flitches into lumber, including box lumber and softwood cut stock; planing mills combined with sawmills; and separately operated planing mills that are engaged primarily in producing surfaced lumber and standard workings or patterns of lumber. This also includes facilities primarily engaged in sawing lath and railroad ties and in producing tobacco hogshead stock, wood chips, and snow fence lath. This exemption does not include any facility that engages in the kiln drying of lumber.

12. Exhaust flares at natural gas and coalbed methane extraction wells.

13. Temporary facilities subject to the following conditions:

a. The operational period of the temporary facility (the period from the date that the first pollutant-emitting operation is commenced to the date of shutdown of the temporary facility) is 12 months or less.

b. The uncontrolled emissions rate of any regulated air pollutant that would be emitted from the temporary facility during the operational period does not exceed the applicable exempt emission rate as set forth in 9VAC5-80-1105 C (exemption rates for new stationary sources) or 9VAC5-80-1105 D (exemption rates for projects). The uncontrolled emission rate may be calculated based upon the total number of hours in the operational period instead of 8760 hours. All temporary facilities that will be co-located at a stationary source shall be considered in the aggregate when calculating the uncontrolled emissions rate under this subdivision.

c. Upon completion of the operational period, the temporary facility shall be either (i) shut down in accordance with 9VAC5-20-220 or (ii) returned to its original state and condition unless, prior to the end of the operational period, the owner demonstrates in writing to the satisfaction of the department that the facility is exempt under 9VAC5-80-1105 C (exemption rates for new stationary sources) or D (exemption rates for new stationary projects) using 8760 hours of operation per year.

d. Not less than 30 calendar days prior to commencing the operational period, the owner shall notify the department in writing of the proposed temporary facility and shall provide (i) calculations demonstrating that the temporary facility is exempt under this subdivision and under 9VAC5-80-1105 E and F and (ii) proposed dates for commencing the first pollutant-emitting operation and shutdown of the temporary facility.

e. The owner shall provide written notifications to the department of (i) the actual date of commencing the first pollutant-emitting operation and (ii) the actual date of shutdown of the temporary facility. Notifications shall be postmarked or electronically submitted not more than 10 days after such dates.

14. Open pit incinerators subject to 9VAC5-130 (Regulation for Open Burning) and used solely for the purpose of disposal of clean burning waste and debris waste.

15. Poultry or, swine, or bovine incinerators located on a farm where all of the following conditions are met:

a. Auxiliary fuels for the incinerator unit shall be limited to natural gas, liquid petroleum gas, or distilled petroleum liquid fuel. Solid fuels, waste materials, or residual petroleum oil products shall not be used to fire the incinerator.

b. The waste incinerated shall be limited to pathological waste (poultry or, swine, or bovine remains). Litter and animal bedding or any other waste materials shall not be incinerated.

c. The design burn rate or capacity rate of the incinerator shall be 400 pounds per hour or less of poultry or, swine, or bovines. This value shall apply only to the mass of the poultry or, swine, or bovines and shall not include the mass of the fuel.

d. The incinerator shall be used solely to dispose of poultry or, swine, or bovines originating on the farm where the incinerator is located.

e. The incinerator shall be owned and operated by the owner or operator of the farm where the incinerator is located.

f. The incinerator shall not be charged beyond the manufacturer's recommended rated capacity.

g. Records shall be maintained on site to demonstrate compliance with the conditions for this exemption, including the total amount of pathological waste incinerated and the fuel usage on a calendar year quarterly basis.

C. The exemption of new stationary sources shall be determined as specified below:

1. New stationary sources with uncontrolled emission rates less than all of the emission rates specified below shall be exempt from the provisions of this article. The uncontrolled emission rate of a new stationary source is the sum of the uncontrolled emission rates of the individual affected emissions units. Facilities exempted by subsection B of this section shall not be included in the summation of uncontrolled emissions for purposes of exempting new stationary sources under this subsection.

2. If the particulate matter (PM₁₀ or PM_2.5) emissions for a stationary source can be determined in a manner acceptable to the department and the stationary source is deemed exempt using the emission rate for particulate matter (PM₁₀ or PM_2.5), the stationary source shall be considered to be exempt for particulate matter (PM). If the emissions of particulate matter (PM₁₀ or PM_2.5) cannot be determined in a manner acceptable to the department, the emission rate for particulate matter (PM) shall be used to determine the exemption status.

3. The provisions of this article do not apply to a new stationary source if all of the emissions considered in calculating the uncontrolled emission rate of the new stationary source are fugitive emissions.

D. The exemption of projects shall be determined as specified below:

1. A project that would result in increases in uncontrolled emission rates at the stationary source less than all of the emission rates specified below shall be exempt from the provisions of this article. The uncontrolled emission rate increase of a project is the sum of the uncontrolled emission rate increases of the individual affected emissions units. Uncontrolled emissions rate decreases are not considered as part of this calculation. Facilities exempted by subsection B of this section shall not be included in the summation of uncontrolled emissions for purposes of exempting projects under this subsection.

2. If the particulate matter (PM₁₀ or PM_2.5) emissions for a stationary source can be determined in a manner acceptable to the department and the stationary source is deemed exempt using the emission rate for particulate matter (PM₁₀ or PM_2.5), the stationary source shall be considered to be exempt for particulate matter (PM). If the emissions of particulate matter (PM₁₀ or PM_2.5) cannot be determined in a manner acceptable to the department, the emission rate for particulate matter (PM) shall be used to determine the exemption status.

3. The provisions of this article do not apply to a project if all of the emissions considered in calculating the uncontrolled emission rate increase of the project are fugitive emissions.

E. Exemptions for stationary sources of toxic pollutants not subject to the federal hazardous air pollutant new source review program shall be as follows:

1. Stationary sources exempt from the requirements of Article 5 (9VAC5-60-300 et seq.) of Part II of 9VAC5-60 (Hazardous Air Pollutant Sources) as provided in 9VAC5-60-300 C 1, C 2, C 7, D, or E shall be exempt from the provisions of this article.

2. Facilities as specified below shall not be exempt, regardless of size or emission rate, from the provisions of this article.

a. Incinerators, unless (i) the incinerator is used exclusively as air pollution control equipment, (ii) the incinerator is an open pit incinerator subject to 9VAC5-130 (Regulation for Open Burning) and used solely for the disposal of clean burning waste and debris waste, or (iii) the incinerator is a poultry or, swine, or bovine incinerator located on a farm and all of the conditions of subdivision B 15 of this section are met.

b. Ethylene oxide sterilizers.

c. Boilers, incinerators, or industrial furnaces as defined in 40 CFR 260.10 and subject to 9VAC20-60 (Hazardous Waste Regulations).

F. This subsection provides information on the extent to which any source category or portion of a source category subject to the federal hazardous air pollutant new source review program may be exempt from the provisions of this article.

1. This subdivision addresses those source categories subject to the provisions of 40 CFR 61.05, 40 CFR 61.06, 40 CFR 61.07, 40 CFR 61.08, and 40 CFR 61.15 that establish the requirements for issuing approvals of the construction of any new source or modification of any existing source subject to the provisions of 40 CFR Part 61. Any source category or portion of a source category subject to this element of the federal hazardous air pollutant new source review program shall be exempt from the provisions of this article if specifically exempted from that program by 40 CFR Part 61.

2. This subdivision addresses those source categories subject to the provisions of 40 CFR 63.5 that establish the requirements for issuing approvals to construct a new source or reconstruct a source subject to the provisions of 40 CFR Part 63, except for Subparts B, D, and E. Any source category or portion of a source category subject to this element of the federal hazardous air pollutant new source review program shall be exempt from the provisions of this article if specifically exempted from that program by 40 CFR Part 63.

3. This subdivision addresses those source categories subject to the provisions of 40 CFR 63.50 through 40 CFR 63.56 that establish the requirements for issuing notices of MACT approval prior to the construction of a new emissions unit listed in the source category schedule for standards. Any information regarding exemptions for a source category or portion of a source category subject to this element of the federal hazardous air pollutant new source review program may be found in Article 3 (9VAC5-60-120 et seq.) of Part II of 9VAC5-60 (Hazardous Air Pollutant Sources).

4. This subdivision addresses those source categories for which EPA has promulgated a formal determination that no regulations or other requirements need to be established pursuant to § 112 of the federal Clean Air Act in the source category schedule for standards. Any source category or portion of a source category subject to this element of the federal hazardous air pollutant new source review program shall be exempt from the provisions of this article.

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Final Regulation

Title of Regulation: 9VAC25-260. Water Quality Standards (amending 9VAC25-260-310, 9VAC25-260-490).

Statutory Authority: § 62.1-44.15 of the Code of Virginia; 33 USC § 1251 et seq.; 40 CFR 131.

Effective Date: Effective upon the filing of notice of approval by the U.S. Environmental Protection Agency with the Registrar of Regulations.

Agency Contact: David Whitehurst, Water Quality Standards Coordinator, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 774-9180, or email david.whitehurst@deq.virginia.gov.

Summary:

In response to a petition for rulemaking, the amendments incorporate site-specific selenium criteria for the protection of freshwater aquatic life in four streams that are tributaries to Knox Creek in Buchanan County. Changes to the proposed regulation conform the text of Footnote 4 with the U.S. Environmental Protection Agency's most recent iteration of the nationally recommended selenium criterion.

Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

9VAC25-260-310. Special standards and requirements.

The special standards are shown in small letters to correspond to lettering in the basin tables. The special standards are as follows:

ii. In the wadeable portions of the mainstem sections of the Shenandoah River, North Fork Shenandoah River, and South Fork Shenandoah River listed in the table in this subdivision, a determination of persistent nuisance filamentous algae impeding the recreation use should be made when exceedances of either of the specified benthic chlorophyll-a concentration thresholds occur in more than one recreation season (May 1 to October 31) in three years. "Wadeable" constitutes a stream that can be crossed and sampled safely during a given sampling event occurring within the recreation season.

jj. The selenium chronic criteria for the protection of freshwater aquatic life apply in the following waters:

Knox Creek watershed in Buchanan County [ : ]

(1) Race Fork and tributaries.

(2) Pounding Mill Creek and tributaries.

(3) Right Fork of Lester Fork and tributaries.

(4) Abners Fork and tributaries.

9VAC25-260-490. Tennessee and Big Sandy River Basins (Big Sandy River Subbasin).

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Final Regulation

Title of Regulation: 9VAC25-790. Sewage Collection and Treatment Regulations (adding 9VAC25-790-985).

Statutory Authority: §§ 62.1-44.15 and 62.1-44.19 of the Code of Virginia.

Effective Date: July 30, 2025.

Agency Contact: Morgan Emanuel, Regulatory and Guidance Analyst, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 494-9635, or email morgan.emanuel@deq.virginia.gov.

Summary:

As mandated by the Commonwealth Chesapeake Bay Total Maximum Daily Load Phase III Water Improvement Plan, the amendment adds a requirement for permitted sewage treatment works located within the Chesapeake Bay Watershed to report all septic systems or other onsite sewage disposal systems taken offline and connected to sewerage systems to ensure a more accurate count of nutrient reductions that result from directing sewage from individual septic systems and other onsite sewage disposal systems to a centralized sewage treatment works. Changes to the proposed regulation add an initial reporting date of 2027.

Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

9VAC25-790-985. Onsite sewage systems connected to sewerage systems.

On or before February 1, [ 2027, and ] annually [ thereafter ], every permitted sewage treatment works within the Chesapeake Bay Watershed shall report to the department, to the best of the permitted sewage treatment works' knowledge, the number of onsite sewage systems taken offline [ permanently ] and connected to sewerage systems that convey sewage to the permitted sewage treatment works' facility during the previous calendar year.

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Fast-Track Regulation

Title of Regulation: 9VAC25-875. Virginia Erosion and Stormwater Management Regulation (amending 9VAC25-875-70, 9VAC25-875-140, 9VAC25-875-250, 9VAC25-875-280, 9VAC25-875-300, 9VAC25-875-370, 9VAC25-875-470, 9VAC25-875-490, 9VAC25-875-500, 9VAC25-875-550, 9VAC25-875-560, 9VAC25-875-580, 9VAC25-875-850).

Statutory Authority: §§ 62.1-44.15:28 and 62.1-44.52 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: July 30, 2025.

Effective Date: August 14, 2025.

Agency Contact: April Rhodes, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (571) 866-6091, or email april.rhodes@deq.virginia.gov.

Basis: Section 62.1-44.15 of the Code of Virginia requires the State Water Control Board to adopt such regulations as it deems necessary to enforce the general soil erosion control and stormwater management program and water quality management program of the board in all or part of the Commonwealth.

Purpose: The proposed amendments protect water quality in the Commonwealth of Virginia, which is essential to the health, safety, and welfare of Virginia's citizens and is needed in order to establish appropriate and necessary permitting requirements for discharges of stormwater. The amendments improve clarity and certainty by making the regulation internally consistent, removing outdated requirements, and accurately reflecting requirements in the State Water Control Law (§ 62.1-44.2 et seq. of the Code of Virginia).

Rationale for Using Fast-Track Rulemaking Process: This rulemaking is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because the regulated community and other stakeholders involved in the process to adopt the regulation and develop the new Virginia Stormwater Management Handbook (GM24-2001, available at https://townhall.virginia.gov/L/ViewGDoc.cfm gdid=7706) have requested changes that (i) clarify requirements for localities that implement erosion and stormwater management programs or erosion and sediment control programs and (ii) correct other technical errors that have been identified since publication of the final regulation in December 2023. The limited scope of this rulemaking benefits the regulated community, localities, the Department of Environmental Quality, and other stakeholders by correcting technical errors and improving clarity in a timely manner.

Substance: Amendments include (i) correcting cross-references to Chesapeake Bay Preservation Area requirements (e.g., 9VAC25-875-70, 9VAC25-875-250, and 9VAC25-875-470); (ii) moving 9VAC25-875-300 G to 9VAC25-875-550 E so that the requirement for owners to maintain, inspect, and repair erosion and sediment control structures is in the part of the regulation that has other owner requirements, not the part of the regulation that is specific to localities; (iii) updating the department's provisions for reviewing and evaluating a locality's erosion and sediment control program (9VAC25-875-370 D) so that the provisions are consistent with the requirements in the State Water Control Law; (iv) removing requirements related to grandfathering that are no longer applicable (9VAC25-875-490); and (v) clarifying that an erosion and sediment control plan, which is included in a stormwater pollution prevention plan for land-disturbing activity, must be consistent with the erosion and sediment control criteria, techniques, and methods (9VAC25-875-560).

Issues: There are no direct impacts on public health as the amendments update existing regulatory requirements so that they reflect current requirements in the State Water Control Law, clarify requirements, and improve understanding of the regulation, which in turn contributes to the efficient and effective functioning of government. There are no disadvantages to the public. The amendments update existing regulatory requirements and will allow the Department of Environmental Quality and localities that implement erosion and stormwater management programs or erosion and sediment control programs to utilize a regulation that reflects current requirements in the State Water Control Law and improve the understanding of the regulation, which in turn contributes to the efficient and effective functioning of government. This is an advantage. There are no disadvantages to the agency or the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The State Water Control Board proposes to correct technical errors in the regulatory text for consistency with statutory law and to improve the clarity of existing requirements.

Background. This regulation establishes requirements for the effective control of soil erosion, sediment deposition, and stormwater, including nonagricultural runoff. The intent of this regulatory action is to correct technical errors inadvertently omitted from a recent action that consolidated the regulations for the Stormwater Management Act and the Virginia Erosion and Sediment Control Law effective July 1, 2024.² The proposed changes are technical corrections to the regulation to be consistent with statutes and to clarify applicable requirements.

Estimated Benefits and Costs. The proposed changes are strictly clarifying in nature and, according to DEQ, this regulatory action does not change the substantive requirements for owners and operators that submit plans, obtain permits, and maintain compliance with requirements to control erosion and stormwater runoff from land-disturbing activities. In addition, it does not change the technical requirements, such as erosion and sediment control minimum standards and post-construction stormwater management criteria that protect public health and the environment. Thus, no economic impact is expected from the proposed changes other than improving the clarity and consistency of the text with the State Water Control Law.

Businesses and Other Entities Affected. This regulation applies to owners and operators who submit plans, obtain permits, and maintain compliance with requirements to control erosion and stormwater runoff from land-disturbing activities. No entity is disproportionately affected.

The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.³ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁴ As noted, the proposal strictly clarifies existing text and requirements. Thus, no adverse impact is indicated.

Small Businesses⁵ Affected.⁶ The proposed changes do not to adversely affect small businesses.

Localities⁷ Affected.⁸ The proposed amendments do not introduce costs or other effects on localities other than improving the clarity of the regulation.

Projected Impact on Employment. The proposed amendments do not affect employment.

Effects on the Use and Value of Private Property. No effects on the use and value of private property nor on real estate development costs is expected.

_____________________________

¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² https://townhall.virginia.gov/L/ViewStage.cfm?stageid=9916.

³ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁴ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁵ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁶ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁷ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁸ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency's Response to Economic Impact Analysis: The State Water Control Board has reviewed the economic impact analysis prepared by the Department of Planning and Budget and has no comment.

Summary:

The amendments (i) correct cross-references; (ii) rearrange subsections for clarity; (iii) update the department's provisions for reviewing and evaluating a locality's erosion and sediment control program; (iv) remove requirements related to grandfathering that are no longer applicable; (v) clarify that an erosion and sediment control plan, which is included in a stormwater pollution prevention plan for land-disturbing activity, must be consistent with the erosion and sediment control criteria, techniques, and methods; and (vi) update versions of documents incorporated by reference.

9VAC25-875-70. Regulated land-disturbing activities.

A. Land-disturbing activities that meet one of the criteria in this subsection are regulated as follows:

1. Land-disturbing activity that disturbs 10,000 square feet or more, although the locality may reduce this regulatory threshold to a smaller area of disturbed land, is less than one acre, not in an area of a locality designated as a Chesapeake Bay Preservation Area, and not part of a common plan of development or sale, is subject to criteria defined in Article 2 (9VAC25-875-540 et seq.) of Part V (9VAC25-875-470 et seq.) of this chapter.

2. Land-disturbing activity that disturbs 2,500 square feet or more, although the locality may reduce this regulatory threshold to a smaller area of disturbed land, is less than one acre, and in an area of a locality designated as a Chesapeake Bay Preservation Area is subject to criteria defined in Article 2 and Article 3 (9VAC25-875-570 5 (9VAC25-875-740 et seq.) of Part V of this chapter, unless Article 4 (9VAC25-875-670 et seq.) of Part V of this chapter is applicable, as determined in accordance with 9VAC25-875-480 and 9VAC25-875-490. For land-disturbing activities for single-family detached residential structures, Article 2 of Part V of this chapter and water quantity technical criteria, 9VAC25-875-600, shall apply to any land-disturbing activity that disturbs 2,500 square feet or more of land, and the locality also may require compliance with the water quality technical criteria, 9VAC25-875-580 and 9VAC25-875-590.

3. Land-disturbing activity that disturbs less than one acre, but is part of a larger common plan of development or sale that disturbs one acre or more, is subject to criteria defined in Article 2 and Article 3 of Part V of this chapter, unless Article 4 of Part V of this chapter is applicable, as determined in accordance with 9VAC25-875-480 and 9VAC25-875-490.

4. Land-disturbing activity that disturbs one acre or more is subject to criteria defined in Article 2 and Article 3 of Part V of this chapter, unless Article 4 of Part V of this chapter is applicable, as determined in accordance with 9VAC25-875-480 and 9VAC25-875-490.

B. A locality may, by local ordinance adopted pursuant to § 62.1-44.15:33 or 62.1-44.15:65 of the Code of Virginia, adopt more stringent local requirements.

9VAC25-875-140. Inspections.

A. The VESMP authority shall inspect the land-disturbing activity during construction for:

1. Compliance with the approved erosion and sediment control plan;

2. Compliance with the approved stormwater management plan;

3. Development, updating, and implementation of a pollution prevention plan; and

4. Development and implementation of any additional control measures necessary to address a TMDL.

B. The VESMP authority shall conduct periodic inspections on all projects during construction. The VESMP authority shall either:

1. Provide for an inspection during or immediately following initial installation of erosion and sediment controls, at least once in every two-week period, within 48 hours following any runoff producing storm event, and at the completion of the project prior to the release of any performance bonds; or

2. Establish an alternative inspection program that ensures compliance with the approved erosion and sediment control plan. Any alternative inspection program shall be:

a. Approved by the department prior to implementation;

b. Established in writing;

c. Based on a system of priorities that, at a minimum, address the amount of disturbed project area, site conditions, and stage of construction; and

d. Documented by inspection records.

C. The VESMP authority shall establish an inspection program that ensures that permanent stormwater management facilities are being adequately maintained as designed after completion of land-disturbing activities. Inspection programs shall:

1. Be approved by the department;

2. Ensure that each stormwater management facility is inspected by the VESMP authority or the VESMP authority's designee, not to include the owner, except as provided in subsections D and E of this section, at least once every five years; and

3. Be documented by records.

D. The VESMP authority may utilize the inspection reports of the owner of a stormwater management facility as part of an inspection program established in subsection B C of this section if the inspection is conducted by a person who is licensed as a professional engineer, architect, landscape architect, or land surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the code of Virginia; a person who works under the direction and oversight of the licensed professional engineer, architect, landscape architect, or land surveyor; or a person who holds an appropriate certificate of competence from the department.

E. If a recorded instrument is not required pursuant to 9VAC25-875-130, a VESMP authority shall develop a strategy for addressing maintenance of stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located. Such a strategy may include periodic inspections, homeowner outreach and education, or other method targeted at promoting the long-term maintenance of such facilities. Such facilities shall not be subject to the requirement for an inspection to be conducted by the VESMP authority.

9VAC25-875-250. Regulated land-disturbing activities.

A. Land-disturbing activities that meet one of the criteria in this subsection are regulated as follows:

1. Land-disturbing activity that disturbs 10,000 square feet or more, although the locality may reduce this regulatory threshold to a smaller area of disturbed land, is less than one acre, and is not in an area of a locality designated as a Chesapeake Bay Preservation Area is subject to criteria defined in Article 2 (9VAC25-875-540 et seq.) of Part V (9VAC25-875-470 et seq.) of this chapter.

2. Land-disturbing activity that disturbs 2,500 square feet or more, although the locality may reduce this regulatory threshold to a smaller area of disturbed land, is less than one acre, and is in an area of a locality designated as a Chesapeake Bay Preservation Area is subject to criteria defined in Article 2 and Article 5 (9VAC25-875-740 et seq.) of Part V of this chapter.

B. A locality may, by local ordinance adopted pursuant to § 62.1-44.15:65 of the Code of Virginia, adopt more stringent local requirements.

9VAC25-875-280. Activities not required to comply with the ESCL.

Notwithstanding any other provisions of the Erosion and Sediment Control Law for Localities Not Administering a Virginia Erosion and Stormwater Management Program (ESCL), the following activities are not required to comply with the ESCL unless otherwise required by federal law:

1. Disturbance of a land area of less than 10,000 square feet in size or less than 2,500 square feet in an area designated as a Chesapeake Bay Preservation Area pursuant to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq. of the Code of Virginia). However, the governing body of the program authority may reduce this exception to a smaller area of disturbed land or qualify the conditions under which this exception shall apply;

2. Minor land-disturbing activities such as home gardens and individual home landscaping, repairs, and maintenance work;

3. Installation, maintenance, or repair of any individual service connection;

4. Installation, maintenance, or repair of any underground utility line when such activity occurs on an existing hard surfaced road, street, or sidewalk, provided the land-disturbing activity is confined to the area of the road, street, or sidewalk that is hard surfaced;

5. Installation, maintenance, or repair of any septic tank line or drainage field unless included in an overall plan for land-disturbing activity relating to construction of the building to be served by the septic tank system;

6. Permitted surface or deep mining operations and projects or oil and gas operations and projects conducted pursuant to Title 45.2 of the Code of Virginia;

7. Clearing of lands specifically for bona fide agricultural purposes; the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops; livestock feedlot operations; agricultural engineering operations, including construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; or as additionally set forth by the board in regulations. However, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 of the Code of Virginia or is converted to bona fide agricultural or improved pasture use as described in subsection B of § 10.1-1163 of the Code of Virginia;

8. Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles;

9. Shoreline erosion control projects on tidal waters when all of the land-disturbing activities are within the regulatory authority of and approved by local wetlands boards, the Virginia Marine Resources Commission, or the U.S. Army Corps of Engineers; however, any associated land that is disturbed outside of this exempted area shall remain subject to the ESCL and the regulations adopted pursuant thereto this chapter;

10. Land-disturbing activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment. In such situations, the VESCP authority shall be advised of the disturbance within seven days of commencing the land-disturbing activity, and compliance with the administrative requirements of Article 2 (9VAC25-875-540 et seq.) of Part V (9VAC25-875-470 et seq.) of this chapter is required within 30 days of commencing the land-disturbing activity;

11. Discharges to a sanitary sewer or a combined sewer system that are not from a land-disturbing activity; and

12. Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities, and other related structures and facilities of a railroad company.

9VAC25-875-300. Plan review requirements.

A. The VESCP authority shall review erosion and sediment control plans prepared in accordance with 9VAC25-875-550 that detail the criteria, techniques, and methods as defined in 9VAC25-875-550 for land-disturbing activities described in 9VAC25-875-560. Activities not required to comply with VESCL are defined in 9VAC25-875-280.

B. When the VESCP authority determines that the plan meets the minimum criteria, techniques, and methods as defined in 9VAC25-875-550 9VAC25-875-560, the VESCP authority shall review erosion and sediment control plans submitted and grant written approval within 60 days of the receipt of the plan.

C. When the VESCP authority determines a plan is inadequate, written notice stating the specific reasons for disapproval shall be communicated to the applicant within 45 days. The notice shall specify the modifications, terms, and conditions that are necessary for approval of the plan. If no action is taken by the VESCP authority within 45 days, the plan shall be deemed approved and the proposed activity authorized. The VESCP authority shall act on any erosion and sediment control plan that has been previously deemed inadequate within 45 days after receipt of a revised plan if deemed adequate.

D. For sites requiring coverage under the General VPDES Permit for Discharges of Stormwater from Construction Activities, the VESCP authority shall obtain evidence of such permit coverage from the department's online reporting system prior to issuing a land-disturbance approval.

E. The person responsible for carrying out the plan shall provide to the VESCP authority the name of an individual holding a certificate who will be in charge of and responsible for carrying out the land-disturbing activity. However, the VESCP authority may waive the Responsible Land Disturber Certificate requirement for an agreement in lieu of a plan in accordance with § 62.1-44.15:55 of the Code of Virginia.

F. The VESCP authority may require approval of an erosion and sediment control plan for any land identified as an erosion impact area in accordance with § 62.1-44.15.55 of the Code of Virginia.

G. All erosion and sediment control structures and systems shall be maintained, inspected, and repaired as needed to ensure continued performance of intended function. A statement describing the maintenance responsibilities of the individual responsible for carrying out the land-disturbing activity shall be included in the approved erosion and sediment control plan.

9VAC25-875-370. Review and evaluation of VESCPs.

A. This section sets forth the criteria that will be used by the department to determine whether a locality operating a VESCP under authority of the ESCL, a "VESCP authority," satisfies minimum standards of effectiveness, as follows.

Each VESCP must contain an ordinance or other appropriate document adopted by the VESCP authority. Such document must be consistent with the ESCL and Part III (9VAC25-875-210 et seq.) of this chapter, including the following criteria:

1. The document shall include or reference the definition of land-disturbing activity, including exemptions as well as any other significant terms, as necessary to produce an effective VESCP;

2. The document shall identify the VESCP authority and any soil and water conservation district, adjacent locality, or other public or private entities that the VESCP authority entered into agreements or contracts with to assist with carrying out the provisions of the ESCL and Part III of this chapter and must include the requirements and design standards to be used in the program;

3. The document shall include procedures for submission and approval of plans, issuance of permits, monitoring, and inspections of land-disturbing activities. The position, agency, department, or other party responsible for conducting inspections shall be identified. The VESCP authority shall maintain, either onsite or in VESCP files, a copy of the approved plan and a record of inspections for each active land-disturbing activity;

4. Each VESCP operated by a county, city, or town shall include provisions for the integration of the VESCP with flood insurance, flood plain management, and other programs requiring compliance prior to authorizing a land-disturbing activity in order to make the submission and approval of plans, payment of fees, and coordination of inspection and enforcement activities more convenient and efficient both for the local governments and those responsible for compliance with the programs; and

5. The VESCP authority must take appropriate enforcement actions, where authorized to do so, to achieve compliance with the program and maintain a record of enforcement actions for all active land-disturbing activities.

B. The department shall periodically conduct a comprehensive review and evaluation of each VESCP authority pursuant to subdivision (19) of § 62.1-44.15 of the Code of Virginia. The department will coordinate the review with its other program reviews for the same entity to avoid redundancy. The review and evaluation of a VESCP authority shall consist of the following: (i) consultation with the local program administrator or designee; (ii) review of the local ordinance and other applicable documents; (iii) review of plans approved by the VESCP authority; (iv) inspection of regulated activities; and (v) review of enforcement actions where authorized to do so. The department is also authorized to conduct a partial VESCP compliance review.

C. Each VESCP authority shall be reviewed and evaluated by the department for effectiveness in carrying out the ESCL and Part III of this chapter using the criteria in this section.

D. If deficiencies noted in the review will cause the VESCP to be inconsistent with the ESCL or this chapter, the department shall provide the VESCP authority with a copy of the department's decision that specifies the deficiencies, action needed to be taken, and an approved corrective action plan and schedule required to attain the minimum standard of effectiveness. If the VESCP authority has not implemented the necessary compliance actions identified by the department within the corrective action schedule, or such additional period as is granted to complete the implementation of the corrective action, then the department shall have the authority fails to bring its program into compliance in accordance with the compliance schedule, then the department is authorized to (i) issue a special order to any VESCP authority locality imposing a civil penalty set out in § 62.1-44.15, not to exceed $5,000 per violation with the maximum amount not to exceed $50,000 per order for noncompliance with the state program, to be paid into the state treasury and deposited in the Stormwater Local Assistance Fund established in § 62.1-44.15:29.1 of the Code of Virginia or (ii) revoke its approval of the VESCP with the consent of the locality, provide in an order issued against the locality for the payment of civil charges for violations in lieu of civil penalties, in specific sums not to exceed the limit stated in this subsection. The Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) and Article 5 (§ 62.1-44.20 et seq.) of Chapter 3.1 of Title 62.1 if of the Code of Virginia shall govern the review activities and proceedings of the department and the judicial review thereof. In lieu of issuing a special order or revoking the program, the department is authorized to take legal action against a VESCP authority to ensure compliance.

E. Review and evaluation of VESCPs shall be conducted according to a schedule adopted by the department in accordance with subdivision (19) of § 62.1-44.15 of the Code of Virginia.

9VAC25-875-470. Applicability.

A. Land-disturbing activities that meet one of the criteria in this subsection are regulated as follows:

1. Land-disturbing activity that disturbs 10,000 square feet or more, although a locality may reduce this regulatory threshold to a smaller area of disturbed land, is less than one acre, not in an area of a locality designated as a Chesapeake Bay Preservation Area, and not part of a common plan of development or sale, is subject to criteria defined in Article 2 (9VAC25-875-540 et seq.) of this part of this chapter.

2. Land-disturbing activity that disturbs 2,500 square feet or more, although a locality may reduce this regulatory threshold to a smaller area of disturbed land, is less than one acre, and in an area of a locality designated as a Chesapeake Bay Preservation Area is subject to criteria defined in Article 2 and Article 3 (9VAC25-875-570 5 (9VAC25-875-740 et seq.) of this part, unless Article 4 (9VAC25-875-670 et seq.) of this part is applicable, as determined in accordance with 9VAC25-875-480 and 9VAC25-875-490. For land-disturbing activities for single-family detached residential structures, Article 2 of this part and water quantity technical criteria, 9VAC25-875-600, shall apply to any land-disturbing activity that disturbs 2,500 square feet or more of land, and the locality also may require compliance with the water quality technical criteria, 9VAC25-875-580 and 9VAC25-875-590.

3. Land-disturbing activity that disturbs less than one acre, but is part of a larger common plan of development or sale that disturbs one acre or more, is subject to criteria defined in Article 2 and Article 3 of this part, unless Article 4 of this part is applicable, as determined in accordance with 9VAC25-875-480 and 9VAC25-875-490.

4. Land-disturbing activity that disturbs one acre or more is subject to criteria defined in Article 2 and Article 3 of this part, unless Article 4 of this part is applicable, as determined in accordance with 9VAC25-875-480 and 9VAC25-875-490.

B. A locality may, by local ordinance adopted pursuant to § 62.1-44.15:33 or 62.1-44.15:65 of the Code of Virginia, adopt more stringent local requirements.

9VAC25-875-490. Grandfathering.

A. Any land-disturbing activity shall be considered grandfathered by the VESMP authority and shall be subject to the technical criteria of Article 4 (9VAC25-875-670 et seq.) of this part provided:

1. A proffered or conditional zoning plan, zoning with a plan of development, preliminary or final subdivision plat, preliminary or final site plan, or any document determined by the locality to be equivalent thereto (i) was approved by the locality prior to July 1, 2012; (ii) provided a layout as defined in 9VAC25-875-670; (iii) will comply with the technical criteria of Article 4 of this part; and (iv) has not been subsequently modified or amended in a manner resulting in an increase in the amount of phosphorus leaving each point of discharge and such that there is no increase in the volume or rate of runoff;

2. A permit has not been issued prior to July 1, 2014; and

3. Land disturbance did not commence prior to July 1, 2014; and

4. Land disturbance commenced prior to July 1, 2019.

B. Locality, state, and federal projects shall be considered grandfathered by the VESMP authority and shall be subject to the technical criteria of Article 4 of this part, provided:

1. There has been an obligation of locality, state, or federal funding, in whole or in part, prior to July 1, 2012, or the department has approved a stormwater management plan prior to July 1, 2012;

2. A permit has not been issued prior to July 1, 2014; and

3. Land disturbance did not commence prior to July 1, 2014; and

4. Land disturbance commenced prior to July 1, 2019.

C. Land disturbing activities that are grandfathered under subsections subsection A and or B of this section shall remain subject to the technical criteria of Article 4 of this part for one additional permit cycle. After such time, portions of the project not under construction shall become subject to any new technical criteria adopted by the board until construction is completed. To remain subject to the technical criteria of Article 4 of this part, subsequent modifications or amendments to a previously approved stormwater management plan may not result in an increase in the amount of phosphorus leaving each point of discharge or an increase in the volume or rate of runoff. Any modifications or amendments to a previously approved stormwater management plan that result in an increase in the amount of phosphorus leaving any point of discharge or an increase in the volume or rate of runoff, or additional land-disturbing activities not previously authorized, shall comply with the technical criteria in Article 2 (9VAC25-875-540 et seq.), 3 (9VAC25-875-570 et seq.), or 5 (9VAC25-875-740 et seq.) of this part, as applicable.

D. In cases where governmental bonding or public debt financing has been issued for a project prior to July 1, 2012, such project shall be subject to the technical criteria of Article 4 of this part.

E. Nothing in this section shall preclude an operator from constructing to a more stringent standard at the operator's discretion.

9VAC25-875-500. Stormwater pollution prevention plan requirements.

A. A stormwater pollution prevention plan shall include an approved erosion and sediment control plan, an approved stormwater management plan, a pollution prevention plan for regulated land-disturbing activities, and a description of any additional control measures necessary to address a TMDL pursuant to subsection E of this section.

B. An erosion and sediment control plan consistent with the requirements of 9VAC25-875-550 and 9VAC25-875-560 must be designed and implemented during construction activities. Prior to land disturbance, this plan must be approved by the VESCP authority, VESMP authority, or the department.

C. A stormwater management plan consistent with the requirements of 9VAC25-875-510 must be designed and implemented during construction activities. Prior to land disturbance, this plan must be approved by the VESMP authority or the department.

D. A pollution prevention plan that identifies potential sources of pollutants that may reasonably be expected to affect the quality of stormwater discharges from the construction site and describe describes control measures that will be used to minimize pollutants in stormwater discharges from the construction site must be developed before land disturbance commences.

E. In addition to the requirements of subsections A through D of this section, if a specific wasteload allocation for a pollutant has been established in an approved TMDL and is assigned to stormwater discharges from a construction activity, additional control measures must be identified and implemented by the operator so that discharges are consistent with the assumptions and requirements of the wasteload allocation.

F. The stormwater pollution prevention plan (SWPPP) must address the following requirements as specified in 40 CFR 450.21, to the extent otherwise required by state law or regulations and any applicable requirements of a permit:

1. Control stormwater volume and velocity within the site to minimize soil erosion;

2. Control stormwater discharges, including both peak flow rates and total stormwater volume, to minimize erosion at outlets and to minimize downstream channel and stream bank erosion;

3. Minimize the amount of soil exposed during construction activity;

4. Minimize the disturbance of steep slopes;

5. Minimize sediment discharges from the site. The design, installation, and maintenance of erosion and sediment controls must address factors such as the amount, frequency, intensity, and duration of precipitation, the nature of resulting stormwater runoff, and soil characteristics, including the range of soil particle sizes expected to be present on the site;

6. Provide and maintain natural buffers around surface waters, direct stormwater to vegetated areas to increase sediment removal, and maximize stormwater infiltration, unless infeasible;

7. Minimize soil compaction and, unless infeasible, preserve topsoil;

8. Stabilization of disturbed areas must, at a minimum, be initiated immediately whenever any clearing, grading, excavating, or other earth disturbing earth-disturbing activities have permanently ceased on any portion of the site, or temporarily ceased on any portion of the site and will not resume for a period exceeding 14 calendar days. Stabilization must be completed within a period of time determined by the VESMP authority or the department as the VSMP authority. In arid, semi-arid, and drought-stricken areas where initiating vegetative stabilization measures immediately is infeasible, alternative stabilization measures must be employed as specified by the VESMP authority or department; and

9. Utilize outlet structures that withdraw water from the surface, unless infeasible, when discharging from basins and impoundments.

G. The SWPPP shall be amended whenever there is a change in design, construction, operation, or maintenance that has a significant effect on the discharge of pollutants to state waters and that has not been previously addressed in the SWPPP. The SWPPP must be maintained at a central location onsite on site. If an onsite location is unavailable, notice of the SWPPP's location must be posted near the main entrance at the construction site.

9VAC25-875-550. Erosion and sediment control plan requirements.

A. An erosion and sediment control plan shall be filed for a development and the buildings constructed within, regardless of the phasing of construction. The erosion and sediment control plan shall contain all major conservation decisions to ensure that the entire unit of land will be so treated to achieve the conservation objectives and minimum standards in 9VAC25-875-560. The erosion and sediment control plan may include:

1. Appropriate maps;

2. An appropriate soil and water plan inventory and management information with needed interpretations; and

3. A record of decisions contributing to conservation treatment.

B. The person responsible for carrying out the plan shall provide the name of an individual holding a certificate who will be in charge of and responsible for carrying out the land-disturbing activity to the VESCP or VESMP authority. However, the VESCP or VESMP authority may waive the Responsible Land Disturber Certificate requirement for an agreement in lieu of a plan in accordance with § 62.1-44.15:34 or 62.1-44.15:55 of the Code of Virginia.

C. If individual lots or sections in a residential development are being developed by different property owners, all land-disturbing activities related to the building construction shall be covered by an erosion and sediment control plan or an agreement in lieu of a plan signed by the property owner.

D. Land-disturbing activity of less than 10,000 square feet on individual lots in a residential development shall not be considered exempt from the provisions of the VESMA, ESCL, or this chapter if the total land-disturbing activity in the development is equal to or greater than 10,000 square feet.

E. All erosion and sediment control structures and systems shall be maintained, inspected, and repaired as needed to ensure continued performance of intended function. A statement describing the maintenance responsibilities of the individual responsible for carrying out the land-disturbing activity shall be included in the approved erosion and sediment control plan.

9VAC25-875-560. Erosion and sediment control criteria, techniques, and methods: minimum standards.

A. An erosion and sediment control plan consistent with the following criteria, techniques, and methods shall be submitted to the VESMP authority or VESCP authority for review and approval:

1. Permanent or temporary soil stabilization shall be applied to denuded areas within seven days after final grade is reached on any portion of the site. Temporary soil stabilization shall be applied within seven days to denuded areas that may not be at final grade but will remain dormant for longer than 14 days. Permanent stabilization shall be applied to areas that are to be left dormant for more than one year.

2. During construction of the project, soil stockpiles and borrow areas shall be stabilized or protected with sediment trapping measures. The applicant is responsible for the temporary protection and permanent stabilization of all soil stockpiles on site as well as borrow areas and soil intentionally transported from the project site.

3. A permanent vegetative cover shall be established on denuded areas not otherwise permanently stabilized. Permanent vegetation shall not be considered established until a ground cover is achieved that is uniform, is mature enough to survive, and will inhibit erosion.

4. Sediment basins and traps, perimeter dikes, sediment barriers, and other measures intended to trap sediment shall be constructed as a first step in any land-disturbing activity and shall be made functional before upslope land disturbance takes place.

5. Stabilization measures shall be applied to earthen structures such as dams, dikes, and diversions immediately after installation.

6. Sediment traps and sediment basins shall be designed and constructed based upon the total drainage area to be served by the trap or basin.

a. The minimum storage capacity of a sediment trap shall be 134 cubic yards per acre of drainage area and the trap shall only control drainage areas less than three acres.

b. Surface runoff from disturbed areas that is comprised of flow from drainage areas greater than or equal to three acres shall be controlled by a sediment basin. The minimum storage capacity of a sediment basin shall be 134 cubic yards per acre of drainage area. The outfall system shall, at a minimum, maintain the structural integrity of the basin during a 25-year storm of 24-hour duration. Runoff coefficients used in runoff calculations shall correspond to a bare earth condition or those conditions expected to exist while the sediment basin is utilized.

7. Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion. Slopes that are found to be eroding excessively within one year of permanent stabilization shall be provided with additional slope stabilizing measures until the problem is corrected.

8. Concentrated runoff shall not flow down cut or fill slopes unless contained within an adequate temporary or permanent channel, flume, or slope drain structure.

9. Whenever water seeps from a slope face, adequate drainage or other protection shall be provided.

10. All storm sewer inlets that are made operable during construction shall be protected so that sediment-laden water cannot enter the conveyance system without first being filtered or otherwise treated to remove sediment.

11. Before newly constructed stormwater conveyance channels or pipes are made operational, adequate outlet protection and any required temporary or permanent channel lining shall be installed in both the conveyance channel and receiving channel.

12. When work in a live watercourse is performed, precautions shall be taken to minimize encroachment, control sediment transport, and stabilize the work area to the greatest extent possible during construction. Nonerodible material shall be used for the construction of causeways and cofferdams. Earthen fill may be used for these structures if armored by nonerodible cover materials.

13. When a live watercourse must be crossed by construction vehicles more than twice in any six-month period, a temporary vehicular stream crossing constructed of nonerodible material shall be provided.

14. All applicable federal, state, and local requirements pertaining to working in or crossing live watercourses shall be met.

15. The bed and banks of a watercourse shall be stabilized immediately after work in the watercourse is completed.

16. Underground utility lines shall be installed in accordance with the following standards in addition to other applicable criteria:

a. No more than 500 linear feet of trench may be opened at one time.

b. Excavated material shall be placed on the uphill side of trenches.

c. Effluent from dewatering operations shall be filtered or passed through an approved sediment trapping device, or both and discharged in a manner that does not adversely affect flowing streams or off-site property.

d. Material used for backfilling trenches shall be properly compacted in order to minimize erosion and promote stabilization.

e. Restabilization shall be accomplished in accordance with this chapter.

f. Applicable safety requirements shall be complied with.

17. Where construction vehicle access routes intersect paved or public roads, provisions shall be made to minimize the transport of sediment by vehicular tracking onto the paved surface. Where sediment is transported onto a paved or public road surface, the road surface shall be cleaned thoroughly at the end of each day. Sediment shall be removed from the roads by shoveling or sweeping and transported to a sediment control disposal area. Street washing shall be allowed only after sediment is removed in this manner. This provision shall apply to individual development lots as well as to larger land-disturbing activities.

18. All temporary erosion and sediment control measures shall be removed within 30 days after final site stabilization or after the temporary measures are no longer needed, unless otherwise authorized by the VESCP or VESMP authority. Trapped sediment and the disturbed soil areas resulting from the disposition of temporary measures shall be permanently stabilized to prevent further erosion and sedimentation.

19. Properties and waterways downstream from development sites shall be protected from sediment deposition, erosion, and damage due to increases in volume, velocity, and peak flow rate of stormwater runoff for the stated frequency storm of 24-hour duration in accordance with the following standards and criteria. Stream restoration and relocation projects that incorporate natural channel design concepts are not manmade channels and shall be exempt from any flow rate capacity and velocity requirements for natural or manmade channels:

a. Concentrated stormwater runoff leaving a development site shall be discharged directly into an adequate natural or manmade receiving channel, pipe, or storm sewer system. For those sites where runoff is discharged into a pipe or pipe system, downstream stability analyses at the outfall of the pipe or pipe system shall be performed.

b. Adequacy of all channels and pipes shall be verified in the following manner:

(1) The applicant shall demonstrate that the total drainage area to the point of analysis within the channel is 100 times greater than the contributing drainage area of the project in question; or

(2) (a) Natural channels shall be analyzed by the use of a two-year storm to verify that stormwater will not overtop channel banks nor cause erosion of channel bed or banks.;

(b) All previously constructed manmade channels shall be analyzed by the use of a 10-year storm to verify that stormwater will not overtop the stormwater's banks and by the use of a two-year storm to demonstrate that stormwater will not cause erosion of channel bed or banks; and

(c) Pipes and storm sewer systems shall be analyzed by the use of a 10-year storm to verify that stormwater will be contained within the pipe or system.

c. If existing natural receiving channels or previously constructed manmade channels or pipes are not adequate, the applicant shall:

(1) Improve the channels to a condition where a 10-year storm will not overtop the banks and a two-year storm will not cause erosion to the channel, the bed, or the banks;

(2) Improve the pipe or pipe system to a condition where the 10-year storm is contained within the appurtenances;

(3) Develop a site design that will not cause the predevelopment peak runoff rate from a two-year storm to increase when runoff outfalls into a natural channel or will not cause the predevelopment peak runoff rate from a 10-year storm to increase when runoff outfalls into a manmade channel; or

(4) Provide a combination of channel improvement, stormwater detention, or other measures that is satisfactory to the VESCP or VESMP authority to prevent downstream erosion.

d. The applicant shall provide evidence of permission to make the improvements.

e. All hydrologic analyses shall be based on the existing watershed characteristics and the ultimate development condition of the subject project.

f. If the applicant chooses an option that includes stormwater detention, the applicant shall obtain approval from the VESCP or VESMP authority for a plan for maintenance of the detention facilities. The plan shall set forth the maintenance requirements of the facility and the person responsible for performing the maintenance.

g. Outfall from a detention facility shall be discharged to a receiving channel, and energy dissipators shall be placed at the outfall of all detention facilities as necessary to provide a stabilized transition from the facility to the receiving channel.

h. All on-site onsite channels must be verified to be adequate.

i. Increased volumes of sheet flows that may cause erosion or sedimentation on adjacent property shall be diverted to a stable outlet, adequate channel, pipe, or pipe system or to a detention facility.

j. In applying these stormwater management criteria, individual lots or parcels in a residential, commercial, or industrial development shall not be considered to be separate development projects. Instead, the development, as a whole, shall be considered to be a single development project. Hydrologic parameters that reflect the ultimate development condition shall be used in all engineering calculations.

k. All measures used to protect properties and waterways shall be employed in a manner that minimizes impacts on the physical, chemical, and biological integrity of rivers, streams, and other waters of the state.

l. Any plan approved prior to July 1, 2014, that provides for stormwater management that addresses any flow rate capacity and velocity requirements for natural or manmade channels shall satisfy the flow rate capacity and velocity requirements for natural or manmade channels if the practices are designed to (i) detain the water quality volume and to release it over 48 hours; (ii) detain and release over a 24-hour period the expected rainfall resulting from the one year, 24-hour storm; and (iii) reduce the allowable peak flow rate resulting from the 1.5-year, two-year, and 10-year 24-hour storms to a level that is less than or equal to the peak flow rate from the site assuming the site was in a good forested condition, achieved through multiplication of the forested peak flow rate by a reduction factor that is equal to the runoff volume from the site when the site was in a good forested condition divided by the runoff volume from the site in the site's proposed condition, and shall be exempt from any flow rate capacity and velocity requirements for natural or manmade channels as defined in any regulations promulgated pursuant to § 62.1-44.15:28 of the Code of Virginia (VESMA) or § 62.1-44.15:54 or 62.1-44.15:65 of the Code of Virginia (ESCL).

m. For plans approved on and after July 1, 2014, the flow rate capacity and velocity requirements of § 62.1-44.15:52 A of the Code of Virginia (ESCL) and this subdivision 19 shall be satisfied by compliance with water quantity requirements in the VESMA and attendant regulations, unless such land-disturbing activities (i) are in accordance with provisions for time limits on applicability of approved design criteria in 9VAC25-875-480 or grandfathering in 9VAC25-875-490, in which case the flow rate capacity and velocity requirements of § 62.1-44.15:52 A of the Code of Virginia (ESCL) shall apply; or (ii) are exempt pursuant to § 62.1-44.15:34 G 2 of the Code of Virginia (VESMA).

n. Compliance with the water quantity minimum standards set out in 9VAC25-875-600 shall be deemed to satisfy the requirements of this subdivision 19.

B. All land-disturbing activities shall be conducted in a manner that is consistent with the applicable requirements of subsection A of this section.

9VAC25-875-580. Water quality design criteria requirements (effective through June 30, 2025).

A. In order to protect the quality of state waters and to control the discharge of stormwater pollutants from regulated activities, the following minimum design criteria and statewide standards for stormwater management shall be applied to the site.

1. New development. The total phosphorus load of new development projects shall not exceed 0.41 pounds per acre per year, as calculated pursuant to 9VAC25-875-590.

2. Development on prior developed lands.

a. For land-disturbing activities disturbing greater than or equal to one acre that result in no net increase in impervious cover from the predevelopment condition, the total phosphorus load shall be reduced at least 20% below the predevelopment total phosphorus load.

b. For regulated land-disturbing activities disturbing less than one acre that result in no net increase in impervious cover from the predevelopment condition, the total phosphorus load shall be reduced at least 10% below the predevelopment total phosphorus load.

c. For land-disturbing activities that result in a net increase in impervious cover over the predevelopment condition, the design criteria for new development shall be applied to the increased impervious area. Depending on the area of disturbance, the criteria of subdivision 2 a or 2 b of this subsection shall be applied to the remainder of the site.

d. In lieu of subdivision 2 c of this subsection, the total phosphorus load of a linear development project occurring on prior developed lands shall be reduced 20% below the predevelopment total phosphorus load.

e. The total phosphorus load shall not be required to be reduced to below the applicable standard for new development unless a more stringent standard has been established by a locality.

B. Compliance with subsection A of this section shall be determined in accordance with 9VAC25-875-590.

C. For plans submitted and deemed complete pursuant to 9VAC25-875-110 before July 1, 2025, the total phosphorus load of new development projects shall not exceed 0.41 pounds per acre per year, as calculated using the Virginia Runoff Reduction Method Version 3.0, May 2, 2016, or another equivalent methodology that is approved by the department.

D. For plans submitted and deemed complete pursuant to 9VAC25-875-110 before July 1, 2025, for land-disturbing activities on prior developed lands, compliance with subsection A 2 of this section shall be determined using the Virginia Runoff Reduction Method Version 3.0, May 2, 2016, 9VAC25-875-590, or another equivalent methodology that is approved by the department.

E. Nothing in this section shall prohibit a VESMP authority from establishing more stringent water quality design criteria requirements in accordance with § 62.1-44.15:33 of the Code of Virginia.

9VAC25-875-580. Water quality design criteria requirements (effective July 1, 2025)

A. In order to protect the quality of state waters and to control the discharge of stormwater pollutants from regulated activities, the following minimum design criteria and statewide standards for stormwater management shall be applied to the site.

1. New development. For plans submitted on or after July 1, 2025, the total phosphorus load of new development projects shall not exceed 0.26 pounds per acre per year, as calculated pursuant to 9VAC25-875-590.

2. Development on prior developed lands.

a. For land-disturbing activities disturbing greater than or equal to one acre that result in no net increase in impervious cover from the predevelopment condition, the total phosphorus load shall be reduced at least 20% below the predevelopment total phosphorus load.

b. For regulated land-disturbing activities disturbing less than one acre that result in no net increase in impervious cover from the predevelopment condition, the total phosphorus load shall be reduced at least 10% below the predevelopment total phosphorus load.

c. For land-disturbing activities that result in a net increase in impervious cover over the predevelopment condition, the design criteria for new development shall be applied to the increased impervious area. Depending on the area of disturbance, the criteria of subdivision 2 a or 2 b of this subsection shall be applied to the remainder of the site.

d. In lieu of subdivision 2 c of this subsection, the total phosphorus load of a linear development project occurring on prior developed lands shall be reduced 20% below the predevelopment total phosphorus load.

e. The total phosphorus load shall not be required to be reduced to below the applicable standard for new development unless a more stringent standard has been established by a locality.

B. Compliance with subsection A of this section shall be determined in accordance with 9VAC25-875-590.

C. For plans submitted and deemed complete pursuant to 9VAC25-875-110 before July 1, 2025, the total phosphorus load of new development projects shall not exceed 0.41 pounds per acre per year, as calculated using the Virginia Runoff Reduction Method Version 3.0, May 2, 2016, or another equivalent methodology that is approved by the department.

D. For plans submitted and deemed complete pursuant to 9VAC25-875-110 before July 1, 2025, for land-disturbing activities on prior developed lands, compliance with subsection A 2 of this section shall be determined using the Virginia Runoff Reduction Method Version 3.0, May 2, 2016, 9VAC25-875-590, or another equivalent methodology that is approved by the department.

E. Nothing in this section shall prohibit a VESMP authority from establishing more stringent water quality design criteria requirements in accordance with § 62.1-44.15:33 of the Code of Virginia.

9VAC25-875-850. Definitions.

For the purposes of this part only, the following words and terms have the following meanings unless the context clearly indicates otherwise:

"Administrator" means the Administrator of the U.S. Environmental Protection Agency or an authorized representative.

"Applicable standards and limitations" means all state, interstate, and federal standards and limitations to which a discharge or a related activity is subject under the Clean Water Act (CWA) (33 USC § 1251 et seq.) and VESMA, including effluent limitations, water quality standards, standards of performance, toxic effluent standards or prohibitions, best management practices, and standards for sewage sludge use or disposal under §§ 301, 302, 303, 304, 306, 307, 308, 403, and 405 of the CWA.

"Approved program" or "approved state" means a state or interstate program that has been approved or authorized by EPA under 40 CFR Part 123.

"Bypass" means the intentional diversion of waste streams from any portion of a treatment facility.

"Contiguous zone" means the entire zone established by the United States under Article 24 of the Convention on the Territorial Sea and the Contiguous Zone (37 FR 11906 June 15, 1972).

"Continuous discharge" means a discharge that occurs without interruption throughout the operating hours of the facility, except for infrequent shutdowns for maintenance, process changes, or other similar activities.

"Co-permittee" means a permittee to a VPDES permit that is only responsible for permit conditions relating to the discharge for which it is the operator.

"Daily discharge" means the discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations expressed in units of mass, the daily discharge is calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units of measurement, the daily discharge is calculated as the average measurement of the pollutant over the day.

"Discharge" when used without qualification, means the discharge of a pollutant.

"Discharge of a pollutant" means:

1. Any addition of any pollutant or combination of pollutants to state waters from any point source; or

2. Any addition of any pollutant or combination of pollutants to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft that is being used as a means of transportation.

This definition includes additions of pollutants into surface waters from surface runoff that is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other person that do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. This term does not include an addition of pollutants by any indirect discharger.

"Discharge Monitoring Report" or "DMR" means the form supplied by the department, or an equivalent form developed by the operator and approved by the department, for the reporting of self-monitoring results by operators.

"Draft permit" means a document indicating the department's tentative decision to issue or deny, modify, revoke and reissue, terminate, or reissue an individual or general permit. A notice of intent to deny an individual or general permit is a type of draft permit. A denial of a request for modification, revocation and reissuance, or termination is not a draft permit.

"Effluent limitation" means any restriction imposed by the board on quantities, discharge rates, and concentrations of pollutants that are discharged from point sources into surface waters, the waters of the contiguous zone, or the ocean.

"Effluent limitations guidelines" means a regulation published by the administrator under § 304(b) of the CWA to adopt or revise effluent limitations.

"Existing permit" means for the purposes of this chapter a permit issued by the department and currently held by a permit applicant.

"Existing source" means any source that is not a new source or a new discharger.

"Facilities or equipment" means buildings, structures, process or production equipment, or machinery that form a permanent part of a new source and that will be used in its operation if these facilities or equipment are of such value as to represent a substantial commitment to construct. The term excludes facilities or equipment used in connection with feasibility, engineering, and design studies regarding the new source or water pollution treatment for the new source.

"Facility or activity" means any VPDES point source or treatment works treating domestic sewage or any other facility or activity, including land or appurtenances thereto, that is subject to regulation under the VPDES program.

"Hazardous substance" means any substance designated under the Code of Virginia or 40 CFR Part 116 pursuant to § 311 of the CWA.

"Illicit discharge" means any discharge to a municipal separate storm sewer that is not composed entirely of stormwater, except discharges pursuant to a separate VPDES or permit (other than the permit for discharges from the municipal separate storm sewer), discharges resulting from firefighting activities, and discharges identified by and in compliance with 9VAC25-875-970 D 2 c (3).

"Indian country" means (i) all land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation; (ii) all dependent Indian communities within the borders of the United States whether within the originally or subsequently acquired territory thereof, and whether within or without the limits of a state; and (iii) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.

"Indirect discharger" means a nondomestic discharger introducing "pollutants" to a "publicly owned treatment works" or "(POTW)."

"Large municipal separate storm sewer system" means all municipal separate storm sewers that are either:

1. Located in an incorporated place with a population of 250,000 or more as determined by the 1990 decennial census by the Bureau of Census (40 CFR Part 122 Appendix F);

2. Located in the counties listed in 40 CFR Part 122 Appendix H, except municipal separate storm sewers that are located in the incorporated places, townships, or towns within such counties;

3. Owned or operated by a municipality other than those described in subdivision 1 or 2 of this definition and that are designated by the department as part of the large or medium municipal separate storm sewer system due to the interrelationship between the discharges of the designated storm sewer and the discharges from municipal separate storm sewers described under subdivision 1 or 2 of this definition. In making this determination the department may consider the following factors:

a. Physical interconnections between the municipal separate storm sewers;

b. The location of discharges from the designated municipal separate storm sewer relative to discharges from municipal separate storm sewers described in subdivision 1 of this definition;

c. The quantity and nature of pollutants discharged to surface waters;

d. The nature of the receiving surface waters; and

e. Other relevant factors; or

4. The department may, upon petition, designate as a large municipal separate storm sewer system, municipal separate storm sewers located within the boundaries of a region defined by a stormwater management regional authority based on a jurisdictional, watershed, or other appropriate basis that includes one or more of the systems described in this definition.

"Major facility" means any facility or activity classified as such by the regional administrator in conjunction with the board.

"Major municipal separate storm sewer outfall" or "major outfall" means a municipal separate storm sewer outfall that discharges from a single pipe with an inside diameter of 36 inches or more or its equivalent (discharge from a single conveyance other than circular pipe which is associated with a drainage area of more than 50 acres); or for municipal separate storm sewers that receive stormwater from lands zoned for industrial activity (based on comprehensive zoning plans or the equivalent), with an outfall that discharges from a single pipe with an inside diameter of 12 inches or more or from its equivalent (discharge from other than a circular pipe associated with a drainage area of two acres or more).

"Maximum daily discharge limitation" means the highest allowable daily discharge.

"Maximum extent practicable" or "MEP" means, in the context of a municipal separate stormwater sewer system, the technology-based discharge standard for municipal separate storm sewer systems established by CWA § 402(p). MEP is achieved, in part, by selecting and implementing effective structural and nonstructural best management practices (BMPs) and rejecting ineffective BMPs and replacing them with effective best management practices (BMPs). MEP is an iterative standard, which evolves over time as urban runoff management knowledge increases. As such, the operator's MS4 program must continually be assessed and modified to incorporate improved programs, control measures, and BMPs to attain compliance with water quality standards.

"Medium municipal separate storm sewer system" means all municipal separate storm sewers that are either:

1. Located in an incorporated place with a population of 100,000 or more but less than 250,000 as determined by the 1990 decennial census by the Bureau of Census (40 CFR Part 122 Appendix G);

2. Located in the counties listed in 40 CFR Part 122 Appendix I, except municipal separate storm sewers that are located in the incorporated places, townships, or towns within such counties;

3. Owned or operated by a municipality other than those described in subdivision 1 or 2 of this definition and that are designated by the department as part of the large or medium municipal separate storm sewer system due to the interrelationship between the discharges of the designated storm sewer and the discharges from municipal separate storm sewers described under subdivision 1 or 2 of this definition. In making this determination the department may consider the following factors:

a. Physical interconnections between the municipal separate storm sewers;

b. The location of discharges from the designated municipal separate storm sewer relative to discharges from municipal separate storm sewers described in subdivision 1 of this definition;

c. The quantity and nature of pollutants discharged to surface waters;

d. The nature of the receiving surface waters; or

e. Other relevant factors; or

4. The department may, upon petition, designate as a medium municipal separate storm sewer system, municipal separate storm sewers located within the boundaries of a region defined by a stormwater management regional authority based on a jurisdictional, watershed, or other appropriate basis that includes one or more of the systems described in subdivisions 1, 2, and 3 of this definition.

"Municipality" means a city, town, county, district, association, or other public body created by or under state law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes or an Indian tribe or an authorized Indian tribal organization or a designated and approved management agency under § 208 of the CWA.

"New discharger" means any building, structure, facility, or installation:

1. From which there is or may be a discharge of pollutants;

2. That did not commence the discharge of pollutants at a particular site prior to August 13, 1979;

3. Which That is not a new source; and

4. Which That has never received a finally effective separate VPDES or permit for discharges at that site.

This definition includes an indirect discharger that commences discharging into surface waters after August 13, 1979. It also includes any existing mobile point source (other than an offshore or coastal oil and gas exploratory drilling rig or a coastal oil and gas developmental drilling rig) such as a seafood processing rig, seafood processing vessel, or aggregate plant that begins discharging at a site for which it does not have a separate VPDES or permit, and any offshore or coastal mobile oil and gas exploratory drilling rig or coastal mobile oil and gas developmental drilling rig that commences the discharge of pollutants after August 13, 1979.

"New source" means any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced:

1. After promulgation of standards of performance under § 306 of the CWA that are applicable to such source; or

2. After proposal of standards of performance in accordance with § 306 of the CWA that are applicable to such source, but only if the standards are promulgated in accordance with § 306 of the CWA within 120 days of their proposal.

"Oil and gas exploration, production, processing, or treatment operations or transmission facilities" means all field activities or operations associated with exploration, production, or treatment operations, or transmission facilities, including activities necessary to prepare a site for drilling and for the movement and placement of drilling equipment, whether or not such field activities or operations may be considered to be construction activity. (33 USC § 1362(24))

"Outfall," when used in reference to municipal separate storm sewers, means a point source at the point where a municipal separate storm sewer discharges to surface waters and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels, or other conveyances that connect segments of the same stream or other surface waters and are used to convey surface waters.

"Overburden" means any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally occurring surface materials that are not disturbed by mining operations.

"Permit" means a VPDES permit issued by the department pursuant to § 62.1-44.15 of the Code of Virginia for stormwater discharges from a land-disturbing activity or MS4.

"Pollutant" means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 USC § 2011 et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. It does not mean:

1. Sewage from vessels; or

2. Water, gas, or other material that is injected into a well to facilitate production of oil or gas or water derived in association with oil and gas production and disposed of in a well if the well is used either to facilitate production or for disposal purposes is approved by the department and if the department determines that the injection or disposal will not result in the degradation of groundwater or surface water resources.

"Privately owned treatment works" or "PVOTW" means any device or system that is (i) used to treat wastes from any facility whose operator is not the operator of the treatment works and (ii) not a POTW.

"Publicly owned treatment works" or "POTW" means a treatment works as defined by § 212 of the CWA that is owned by a state or municipality (as defined by § 502(4) of the CWA). This definition includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW treatment plant. The term also means the municipality as defined in § 502(4) of the CWA, that has jurisdiction over the indirect discharges to and the discharges from such a treatment works.

"Recommencing discharger" means a source that recommences discharge after terminating operations.

"Regional administrator" means the Regional Administrator of Region III of the Environmental Protection Agency or the authorized representative of the regional administrator.

"Revoked" means an existing VPDES permit that is terminated by the department before its expiration.

"Runoff coefficient" means the fraction of total rainfall that will appear at a conveyance as runoff.

"Schedule of compliance" means a schedule of remedial measures included in a permit, including an enforceable sequence of interim requirements (for example, actions, operations, or milestone events) leading to compliance with the VESMA, the CWA, and regulations.

"Secretary" means the Secretary of the Army, acting through the Chief of Engineers.

"Severe property damage" means substantial physical damage to property, damage to the treatment facilities that causes them to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

"Significant materials" means but is not limited to raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under § 101(14) of CERCLA (42 USC § 9601(14)); any chemical the facility is required to report pursuant to § 313 of Title III of SARA (42 USC § 11023); fertilizers; pesticides; and waste products such as ashes, slag, and sludge that have the potential to be released with stormwater discharges.

"Small municipal separate storm sewer system" or "small MS4" means all separate storm sewers that are (i) owned or operated by the United States, a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity or an Indian tribe or an authorized Indian tribal organization or a designated and approved management agency under § 208 of the CWA that discharges to surface waters and (ii) not defined as "large" or "medium" municipal separate storm sewer systems or designated under 9VAC25-875-950 A 1. This term includes systems similar to separate storm sewer systems in municipalities, such as systems at military bases, large hospital or prison complexes, and highway highways and other thoroughfares. The term does not include separate storm sewers in very discrete areas, such as individual buildings.

"Source" means any building, structure, facility, or installation from which there is or may be a discharge of pollutants.

"Stormwater discharge associated with construction activity" means a discharge of stormwater runoff from areas where land-disturbing activities (e.g., clearing, grading, or excavation); construction materials or equipment storage or maintenance (e.g., fill piles, borrow area, concrete truck washout, fueling); or other industrial stormwater directly related to the construction process (e.g., concrete or asphalt batch plants) are located.

"Stormwater discharge associated with large construction activity" means the discharge of stormwater from large construction activities.

"Stormwater discharge associated with small construction activity" means the discharge of stormwater from small construction activities.

"Total dissolved solids" means the total dissolved (filterable) solids as determined by use of the method specified in 40 CFR Part 136.

"Toxic pollutant" means any pollutant listed as toxic under § 307(a)(1) of the CWA or, in the case of sludge use or disposal practices, any pollutant identified in regulations implementing § 405(d) of the CWA.

"Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the operator. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

"Variance" means any mechanism or provision under § 301 or 316 of the CWA or under 40 CFR Part 125, or in the applicable federal effluent limitations guidelines that allows modification to or waiver of the generally applicable effluent limitation requirements or time deadlines of the CWA. This includes provisions that allow the establishment of alternative limitations based on fundamentally different factors or on § 301(c), (g), (h), or (i), or 316(a) of the CWA.

"Virginia Pollutant Discharge Elimination System permit" or "VPDES permit" means a document issued by the department pursuant to the State Water Control Law authorizing, under prescribed conditions, the potential or actual discharge of pollutants from a point source to surface waters.

"Water quality standards" or "WQS" means provisions of state or federal law that consist of a designated use or uses for the waters of the Commonwealth and water quality criteria for such waters based on such uses. Water quality standards are to protect the public health or welfare, enhance the quality of water, and serve the purposes of the State Water Control Law (§ 62.1-44.2 et seq. of the Code of Virginia), the VESMA (§ 62.1-44.15:24 et seq. of the Code of Virginia), and the CWA (33 USC § 1251 et seq.).

"Whole effluent toxicity" means the aggregate toxic effect of an effluent measured directly by a toxicity test.

DOCUMENTS INCORPORATED BY REFERENCE (9VAC25-875)

Virginia Runoff Reduction Method: Instructions and Documentation, March 28, 2011

Virginia Runoff Reduction Method: Compliance Spreadsheet User's Guide & Documentation (Version 3.0, April 2016), effective May 2, 2016

Virginia Runoff Reduction Method: Compliance Spreadsheet User's Guide & Documentation (Version 4.1, July 2024), effective April 27, 2024

Virginia Erosion and Sediment Control Regulation Minimum Standard 19 in effect prior to July 1, 2014

TITLE 16. LABOR AND EMPLOYMENT

DEPARTMENT OF LABOR AND INDUSTRY

Final Regulation

Title of Regulation: 16VAC15-70. Local Government Union Requirements and Employee Protections (adding 16VAC15-70-10, 16VAC15-70-20, 16VAC15-70-30).

Statutory Authority: §§ 40.1-2.1 and 40.1-6 of the Code of Virginia.

Effective Date: July 30, 2025.

Agency Contact: Cristin Bernhardt, Regulatory Coordinator, Department of Labor and Industry, 6606 West Broad Street, Suite 500, Richmond, VA 23230, telephone (804) 786-2392, FAX (804) 786-8418, or email cristin.bernhardt@doli.virginia.gov.

Summary:

The final regulation (i) defines necessary terms, (ii) extends certain statutory labor protections to local government public employers and employees, and (iii) allows the Commissioner of Labor and Industry to request prosecution by the appropriate attorney for the Commonwealth for all violations of law relating to local government union requirements and employee protections before any court of competent jurisdiction. No substantive changes were made to the proposed regulation.

Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

Chapter 70

Local Government Union Requirements and Employee Protections

16VAC15-70-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Commissioner" means the same as that term is defined in § 40.1-2 of the Code of Virginia.

"Employee" means the same as that term is defined in § 40.1-2 of the Code of Virginia.

"Labor organization" means the same as that term is defined in § 40.1-54.3 A of the Code of Virginia.

"Local government public employer" means any county, city, town, or governing body of a locality, including any local school board.

"Secret ballot" means the expression by ballot, voting machine, or otherwise, but in no event by proxy, of a choice with respect to any election or vote taken upon any matter, which is cast in such a manner that the person expressing such choice cannot be identified with the choice expressed.

16VAC15-70-20. Applicability of statute to local government public employers.

A. Pursuant to § 40.1-2.1 of the Code of Virginia, the commissioner extends coverage of the following provisions to local government public employers:

1. Subdivision 2 of § 40.1-6 of the Code of Virginia [ , Powers and duties of Commissioner ];

2. Section 40.1-7 of the Code of Virginia [ , Attorney for the Commonwealth to prosecute on request of Commissioner ];

3. Section 40.1-49.4 F 2 of the Code of Virginia [ , Injunctions ];

4. Section 40.1-54.3 of the Code of Virginia [ , Right to vote by secret ballot on labor organization representation ];

5. Section 40.1-62 of the Code of Virginia [ , Employer not to require payment of union dues, etc. ];

6. Section 40.1-66 of the Code of Virginia [ , Conduct causing violation of article illegal; peaceful solicitation to join union ];

7. Section 40.1-67 of the Code of Virginia [ , Injunctive relief against violation; recovery of damages ]; and

8. Section 40.1-69 of the Code of Virginia [ , Violation a misdemeanor ].

B. Pursuant to § 40.1-29 C of the Code of Virginia, to the extent that an alleged violative conduct concerns improper withholding of any dues, fees, or other charges of any kind [ to for ] any [ labor union or ] labor organization, no local government public employer shall withhold any part of the wages or salaries of any employee except for payroll, wage, or withholding taxes or in accordance with law without the written and signed authorization of the employee.

C. To the extent that alleged violative conduct concerns improper withholding of any dues, fees, or other charges of any kind [ to for ] any [ labor union or ] labor organization, § 40.1-29 [ A, ] E through H [ , and L ] of the Code of Virginia shall apply to local government public employers.

16VAC15-70-30. Prosecution of violations.

The commissioner may request prosecution by the appropriate attorney for the Commonwealth [ of all violations of law relating to local government union requirements and employee protections ] before any court of competent jurisdiction [ of all violations of this chapter or those provisions of the Code of Virginia extended to local government public employers by 16VAC15-70-20 ].

TITLE 16. LABOR AND EMPLOYMENT

SAFETY AND HEALTH CODES BOARD

Final Regulation

Title of Regulation: 16VAC25-90. Federal Identical General Industry Standards (amending 16VAC25-90-1910.1200, Appendices A, B, and C to 16VAC25-90-1910.1200).

Statutory Authority: § 40.1-22 of the Code of Virginia.

Effective Date: July 30, 2025.

Agency Contact: Cristin Bernhardt, Regulatory Coordinator, Department of Labor and Industry, 6606 West Broad Street, Suite 500, Richmond, VA 23230, telephone (804) 786-2392, FAX (804) 786-8418, or email cristin.bernhardt@doli.virginia.gov.

Summary:

On October 9, 2024, the federal Occupational Safety and Health Administration (OSHA) issued a corrections notice and technical amendment to correct errors in a final rule amending the Hazard Communication Standard (HCS) that became effective July 19, 2024. OSHA made corrections to the regulatory text and appendices to the HCS that mainly include classification of hazardous chemicals and information presented on labels and Safety Data Sheets. This final rule correction includes (i) rearranging and renumbering an erroneously numbered portion of paragraph (d) and correcting cross-references; (ii) removing an inadvertently included phrase regarding transmission of labels by electronic or other technological means from paragraph (f)(11); (iii) correcting the contents of Table B.12.1; and (iv) correcting the hazard statements in Table C.4.16.

Note on Incorporation by Reference: Pursuant to § 2.2-4103 of the Code of Virginia, 29 CFR Part 1910 (Occupational Safety and Health Standards) is declared a document generally available to the public and appropriate for incorporation by reference. For this reason, the document will not be printed in the Virginia Register of Regulations. A copy of the document is available for inspection at the Department of Labor and Industry, Main Street Centre, 600 East Main Street, Richmond, Virginia 23219, and at the Office of Registrar of Regulations, General Assembly Building, 201 North Ninth Street, Fourth Floor, Richmond, Virginia 23219.

Statement of Final Agency Action: On March 19, 2025, the Safety and Health Codes Board adopted federal OSHA's Hazard Communication Standard Final Rule Correction and Technical Amendment, as published in 89 FR 81829 through 89 FR 81836 on October 9, 2024, with an effective date of July 30, 2025.

Federal Terms and State Equivalents: When the regulations as set forth in the revised final rule for Occupational Safety and Health Standards are applied to the Commissioner of the Department of Labor and Industry or to Virginia employers, the following federal terms shall be considered to read as follows:

TITLE 16. LABOR AND EMPLOYMENT

SAFETY AND HEALTH CODES BOARD

Final Regulation

Title of Regulation: 16VAC25-175. Federal Identical Construction Industry Standards (amending 16VAC25-175-1926.95).

Statutory Authority: § 40.1-22 of the Code of Virginia.

Effective Date: July 30, 2025.

Agency Contact: Cristin Bernhardt, Regulatory Coordinator, Department of Labor and Industry, 6606 West Broad Street, Suite 500, Richmond, VA 23230, telephone (804) 786-2392, FAX (804) 786-8418, or email cristin.bernhardt@doli.virginia.gov.

Summary:

In a final rule, federal Occupational Safety and Health Administration (OSHA) amended the Construction Industry Standards for Personal Protective Equipment (PPE). The final rule requires all employers to ensure that PPE is (i) of safe design and construction for the work to be performed and (ii) selected to ensure that it properly fits each affected employee.

Note on Incorporation by Reference: Pursuant to § 2.2-4103 of the Code of Virginia, 29 CFR Part 1926 (Construction Industry Standards) has been declared a document generally available to the public and appropriate for incorporation by reference. For this reason, the document will not be printed in the Virginia Register of Regulations. A copy of the document is available for inspection at the Department of Labor and Industry, Main Street Centre, 600 East Main Street, Richmond, Virginia 23219, and at the Office of Registrar of Regulations, General Assembly Building, 201 North Ninth Street, Fourth Floor, Richmond, Virginia 23219.

Statement of Final Agency Action: On March 19, 2025, the Safety and Health Codes Board adopted federal OSHA's Final Rule on Personal Protective Equipment in Construction Standard, as published in 89 FR 100321 through 89 FR 100346 on December 12, 2024, with an effective date of January 13, 2025.

Federal Terms and State Equivalents: When the regulations as set forth in the revised final rule for Construction Industry Standards are applied to the Commissioner of the Department of Labor and Industry or to Virginia employers, the following federal terms shall be considered to read as follows:

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

CEMETERY BOARD

Fast-Track Regulation

Title of Regulation: 18VAC47-20. Cemetery Board Rules and Regulations (amending 18VAC47-20-100).

Statutory Authority: §§ 54.1-201 and 54.1-2313 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: July 30, 2025.

Effective Date: August 14, 2025.

Agency Contact: Anika Coleman, Executive Director, Cemetery Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8552, FAX (866) 826-8863, or email cemetery@dpor.virginia.gov.

Basis: Section 54.1-201 of the Code of Virginia authorizes the Cemetery Board to promulgate regulations necessary to ensure continued competency, to prevent deceptive or misleading practices by practitioners, and to effectively administer the board's regulatory system. Section 54.1-2313 of the Code of Virginia authorizes the board to regulate preneed burial contracts and perpetual care trust fund accounts, regulate and register sales personnel employed by a cemetery company, and regulate and establish qualifications and standards of conduct for compliance agents employed by a cemetery company.

Purpose: The General Assembly has charged the board with the responsibility for regulating those who engage in the business of a cemetery company by requiring that such companies obtain a license. As mandated by the General Assembly, the board protects the public health, safety, and welfare, in part, by establishing through regulation (i) the minimum qualifications of applicants for licensure, provided that all qualifications are necessary to ensure either competence or integrity to engage in the profession or occupation; (ii) minimum standards to ensure continued competency and to prevent deceptive or misleading practices by practitioners; and (iii) requirements to effectively administer the regulatory system administered by the board.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because it will be beneficial to the regulated community, the Commonwealth, and the public.

Substance: The amendments (i) replace a provision that the Department of Professional and Occupational Regulation (DPOR) will mail a renewal application to a regulant with a provision that DPOR will notify the regulant of impending license expiration; (ii) remove a provision that a renewal application must be completed prior to renewal of a license or registration; and (iii) replace the term "renewal application" with "notification."

Issues: The primary advantage of this action to the regulated community, the Commonwealth, and the public is that it will allow DPOR and the board to adopt a paperless process for renewal of licenses as part of implementation of its new licensing system. This new paperless process will benefit the regulated community and the public by creating a more efficient license renewal process, which will save members of the regulated community time when renewing licenses. The Commonwealth will benefit with the cost savings associated with a paperless license renewal process. No disadvantages to the public, the Commonwealth, or the regulated community have been identified.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Cemetery Board (board) proposes to remove rules that mandate the physical mailing of renewal application to the licensees or registrants as it plans to transition to an online paperless licensing system.

Background. These regulations set out license renewal requirements for licensed cemetery companies and licensed cemetery sales personnel. According to the Department of Professional Occupational Regulation (DPOR), a new licensing system is being developed to provide a paperless process for regulants to renew licenses as well as to perform other maintenance functions electronically. The development of the new system is expected to virtually eliminate the need for licensing transactions to involve the physical mailing of documents.

Estimated Benefits and Costs. The proposal would no longer require DPOR to physically mail renewal applications to the regulants by allowing paperless renewal transactions. Thus, the main impact of this regulatory action would be to facilitate the transition from the current paper-based renewal process to a paperless system for renewal transactions that DPOR is planning to implement.

Businesses and Other Entities Affected. These proposed amendments apply to license renewal transactions for cemetery companies and licensed cemetery sales personnel. There were 240 renewals in 2024. No regulant appears to be disproportionately affected. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.² An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.³ The proposal does not increase costs or reduce benefits for any entity. Thus, an adverse impact is not indicated.

Small Businesses⁴ Affected.⁵ The board issues licenses to cemetery companies. DPOR reports that many of these entities may fall within the meaning of "small business" as that term is defined in as defined in § 2.2-4007.1 of the Code of Virginia. However, the proposed amendments do not appear to adversely affect small businesses.

Localities⁶ Affected.⁷ The proposed amendments neither introduce costs for localities nor disproportionately affect any locality more than others.

Projected Impact on Employment. No impact on employment is expected.

Effects on the Use and Value of Private Property. No impact on the use and value of private property nor on real estate development costs is expected.

_____________________________

¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

³ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁴ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁵ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁶ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁷ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Cemetery Board concurs with the Department of Planning and Budget's economic impact analysis.

Summary:

The amendments remove rules that mandate the mailing of documents for license and registration renewal to facilitate the adoption of a paperless renewal process.

18VAC47-20-100. Procedures for renewal.

Renewal of licenses and registrations shall be on forms prescribed by the board. The Department of Professional and Occupational Regulation will mail a renewal application to notify the licensee or registrant of impending license expiration. The renewal application will be sent to the last known address of record.

Failure to receive this application shall notification will not relieve the licensee or regulant of the obligation to renew. The renewal application shall be completed in full prior to renewal of the license or registration.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

COMMON INTEREST COMMUNITY BOARD

Proposed Regulation

Title of Regulation: 18VAC48-60. Common Interest Community Association Registration Regulations (amending 18VAC48-60-13, 18VAC48-60-15, 18VAC48-60-17, 18VAC48-60-25, 18VAC48-60-55, 18VAC48-60-60; adding 18VAC48-60-16).

Statutory Authority: § 54.1-2349 of the Code of Virginia.

Public Hearing Information:

August 20, 2025 - 10 a.m. - Department of Professional and Occupational Regulation, Perimeter Center, 9960 Mayland Drive, Second Floor Conference Center, Board Room Three, Richmond, VA 23233.

Public Comment Deadline: August 29, 2025.

Agency Contact: Anika Coleman, Executive Director, Common Interest Community Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8510, FAX (866) 490-2723, or email cic@dpor.virginia.gov.

Basis: Section 54.1-201 of the Code of Virginia authorizes the Common Interest Community Board to promulgate regulations necessary to ensure continued competency and prevent deceptive or misleading practices by practitioners and to effectively administer the regulatory system. Section 54.1-2354.4 of the Code of Virginia requires the Common Interest Community Board to establish by regulation a requirement that each association establish reasonable procedures for the resolution of written complaints from the members of the association and other citizens. Section 54.1-2350 requires the board to develop and disseminate an association annual report.

Purpose: The board is responsible for administering the registration program for common interest community associations as set out, in part, by the Resale Disclosure Act (§ 55.1-2307 et seq. of the Code of Virginia). Failure of an association to comply with registration requirements poses a risk of financial harm to innocent third parties, namely purchasers and sellers in real estate transactions, due to the potential for contract cancellation and civil litigation. The goals of this regulatory action are to ensure the regulations complement Virginia law, reflect current agency procedures, provide clarification to provisions of the regulations, and reduce regulatory burdens by removing requirements that are not necessary to protect the health, safety, and welfare of the public or effectively administer the program.

Substance: The proposed amendments (i) revise definitions, (ii) provide that the board will send, instead of mail, renewal notices to the association's contact person; (iii) add a provision requiring an association to report a change of governing board member authorized by the association to receive correspondence related to notice of final adverse decisions (NFADs) from the Office of the Common Interest Community Ombudsman; (iv) provide that an association must notify the board of a change in contact person information in addition to a change of address; and (v) revise payment of registration fees. The proposed amendments also establish requirements for an annual report to include the designation of a contact person, the designation a governing board member to receive correspondences related to NFADs, and a certification regarding the association's establishment of an association complaint procedure.

Issues: The primary advantages to the public, regulated community, and the Commonwealth include providing clarification to provisions of the regulation, ensuring the regulation complements Virginia law and reflects current agency procedures, and reducing regulatory burdens by removing requirements that are not necessary to protect the health, safety, and welfare of the public or to effectively administer the program. There are no identifiable disadvantages to the public or the Commonwealth. It is not anticipated that the regulatory change will create any substantial disadvantages to the regulated community.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. As a result of a general review, the Common Interest Community Board (board) proposes to amend the Common Interest Community (CIC) Association Registration Regulations (18VAC48-60) to reflect current agency procedures and clarify certain provisions of the regulation.

Background. Chapters 20 and 21 of the 2023 Acts of Assembly amended § 54.1-2354.4 of the Code of Virginia to require the governing board of an association be provided with (i) a copy of a notice of final adverse decision filed with the Office of the CIC Ombudsman against an association; and (ii) a copy of any determination made as the result of Ombudsman review of the notice of final adverse decision. Further, the Department of Professional and Occupational Regulation (DPOR) reports that requiring an association to designate a contact person has long been standard practice. Thus, the board proposes adding requirements that would enable the implementation of these statutory requirements and conform the regulation to current practice. These are the changes:

18VAC48-60-16 would be newly added to require that the annual report that must be filed by CIC associations pursuant to § 55.1-1980 of the Code of Virginia and include the following: (i) the name and contact information of the contact person for the association; (ii) the name and contact information of a governing board member who has been authorized to receive correspondence relating to a notice of final adverse decision from the Office of the CIC Ombudsman; and (iii) a certification that the association has adopted a complaint procedure in accordance with the CIC Ombudsman Regulations (18VAC48-70) and that such procedure is in effect. While the last requirement is already included in 18VAC48-70-40, the board has determined that it is appropriate to also include the requirement in this regulation because it is applicable to association registrations.

18VAC48-60-25 requires associations to notify the board within 30 days of certain changes and would be updated to reflect the requirements in 18VAC48-60-16 by requiring associations to report any changes regarding the contact person or the authorized governing board member. In addition, 18VAC48-60-60 would be amended to add a definition of the phrase "lots or units subject to the declaration" to mean any lots or units in a development to which the provisions of the recorded declaration, as amended, for the common interest community are applicable. This clarification is currently in a guidance document.² Other proposed changes would clarify and simplify the language of the regulation, and update references to statute and other regulations.

Estimated Benefits and Costs. DPOR reports that unlike the professional regulation programs, the board association registration program does not grant a license or other authorization for an association to operate or exist. DPOR reports that there are potentially thousands of unregistered associations in Virginia that are required by the Code of Virginia to register with the board and comply with the provisions of this regulation. However, the Resale Disclosure Act (§ 55.1-2307 et seq. of the Code of Virginia) (the Act) requires that when selling a home in a CIC, the owner must provide a potential purchaser with certain legally required information regarding the home, common areas, and the association; together, this information is called the resale certificate. One component of the disclosure packet is documentation that the association has a current registration with the board. In addition, the Act provides that no association may collect certain authorized fees for the preparation and delivery of a resale certificate unless the association is registered with the board. Failure of an association to comply with registration requirements poses a risk of financial harm to innocent third parties, namely purchasers and sellers in real estate transactions, due to the potential for contract cancellation and civil litigation. The proposed amendments, which serve to clarify and update the requirements for initial registration, maintenance of registration, and annual renewal, would directly benefit CIC associations, and indirectly benefit (i) homeowners in currently registered CIC associations that maintain or renew their registration as required, (ii) homeowners in CICs that will need to obtain registration so that the homeowner may legally sell their home, and (iii) buyers of homes in both categories.

Businesses and Other Entities Affected. DPOR reports that as of March 1, 2025, there are 6,478 registered CIC associations, and potentially thousands of unregistered CIC associations. CICs include property owner associations, condominium unit owner associations, and proprietary lessee associations in real estate cooperatives. Data from the Community Associations Institute, a trade group for community associations, indicates that approximately 2.01 million Virginians live in 786,000 homes in over 8,890 CICs; this equates to 23% of state population.³ The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁴ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁵ Since the proposed changes do not create any new costs that are not required by statute, an adverse impact is not indicated.

Small Businesses⁶ Affected.⁷ DPOR reports that CIC associations may be incorporated or non-incorporated entities which fall within the meaning of small business as defined in § 2.2-4007.1 of the Code of Virginia. However, as mentioned previously, the proposed amendments do not appear to adversely affect small businesses.

Localities⁸ Affected.⁹ The proposed amendments do not disproportionately affect particular localities or affect costs for local governments.

Projected Impact on Employment. The proposed amendments do not affect total employment.

Effects on the Use and Value of Private Property. The proposed amendments could marginally increase the value of homes in currently unregistered CIC associations to the extent that they clarify and simplify the requirements to obtain, maintain, and renew registration with the board. Similarly, the proposed amendments would marginally reduce the indirect costs of real estate development as it applies to developers who are required to register and file an annual report as per § 55.1-1802 of the Code of Virginia. The proposed amendments do not increase real estate development costs.

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¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² See https://townhall.virginia.gov/L/ViewGDoc.cfm?gdid=7092.

³ Foundation for Community Association Research (2022). https://foundation.caionline.org/wp-content/uploads/2022/11/StateFactsFiguresVirginia22.pdf and https://data.census.gov/table/ACSDP1Y2022.DP05?q=virginia+population+in+2022.

⁴ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁵ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁶ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁷ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁸ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁹ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Common Interest Community Board concurs with the Department of Planning and Budget's economic impact analysis.

Summary:

The proposed amendments revise (i) the definitions section; (ii) timeframes for filing association annual reports; (iii) minimum information required in an annual report filing; (iv) registration renewal requirements; (v) requirements for reporting changes to a registration; and (vi) provisions related to payment of registration fees.

18VAC48-60-13. Definitions.

A. Section § 54.1-2345 of the Code of Virginia provides definitions of the following terms and phrases used in this chapter:

"Association"

"Board"

"Common interest community"

"Governing board"

B. Section § 55.1-1800 of the Code of Virginia provides definitions of the following terms and phrases used in this chapter:

"Property owners' association"

C. Section § 55.1-2100 of the Code of Virginia provides definitions of the following terms and phrases used in this chapter:

"Proprietary lessees' association"

D. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise a different meaning is provided or is plainly required by the context:

"Annual report" means the proper filing with the board of a completed, board-prescribed form submitted with the appropriate fee, and other required documentation for registration or renewal of an association.

"Association" means the same as the term is defined in § 54.1-2345 of the Code of Virginia.

"Board" means the same as the term is defined in § 54.1-2345 of the Code of Virginia.

"Common interest community" means the same as the term is defined in § 54.1-2345 of the Code of Virginia.

"Contact person" means the individual designated by an association to receive communications and notices from the board on behalf of the association.

"Governing board" means the same as the term is defined in § 54.1-2345 of the Code of Virginia.

"Property owners' association" means the same as the term is defined in § 55.1-1800 of the Code of Virginia.

"Proprietary lessees' association" means the same as the term is defined in § 55.1-2100 of the Code of Virginia.

"Registration" means the proper filing of an annual report with the board by an association and issuance of a certificate of filing by the board to an association in accordance with § 54.1-2349 A 8 of the Code of Virginia.

"Renew" means the process of filing an annual report with the board for continuance of a registration.

18VAC48-60-15. Timeframe for association registration and annual report.

A. Within 30 days after the date of termination of the declarant control period, an association governing a condominium shall the meaning and intent of § 55.1-1835 of the Code of Virginia, a property owners' association must register with the board by filing the an annual report required by § 55.1-1980 of the Code of Virginia within 30 days of recordation of the declaration and shall file an annual report every year thereafter.

B. Within 30 days after the date of termination of the declarant control period, a proprietary lessees' association shall an association governing a condominium must register with the board by filing the annual report required by § 55.1-2182 § 55.1-1980 of the Code of Virginia and shall file an annual report every year thereafter.

C. Within the meaning and intent of § 55.1-1835 of the Code of Virginia, a property owners' association shall 30 days after the date of termination of the declarant control period, a proprietary lessees' association must register with the board by filing an the annual report within 30 days of recordation of the declaration required by § 55.1-2182 of the Code of Virginia and shall file an annual report every year thereafter.

18VAC48-60-16. Designation of association contact person; certification of association complaint procedure.

A. An association must include the following information on an annual report:

1. The name and contact information of the contact person for the association.

2. The name and contact information of a governing board member authorized by the association to receive correspondence related to notices of final adverse decision from the Office of the Common Interest Community Ombudsman.

B. An association must certify with each annual report filing that it has adopted an association complaint procedure in accordance with the Common Interest Community Ombudsman Regulations (18VAC48-70) and that such procedure is in effect.

18VAC48-60-17. Association registration expiration and renewal.

A. An association registration shall will expire one year 12 months from the last day of the month in which it was issued.

B. Prior to the expiration date on the registration, the board shall mail will send a renewal notice to the registered association's contact person named in the board's records. Failure to receive a renewal notice from the board does not relieve the association of the obligation to renew by filing the annual report with the applicable fee.

C. Each association shall will renew its registration by filing an annual report with the board, including payment of renewal fee established in 18VAC48-60-60. A registration shall be renewed and considered current upon Upon receipt and processing by the board office of the completed annual report along with the renewal fee pursuant to 18VAC48-60-60, the registration will be renewed and considered current.

D. An association that does not renew registration within 12 months after expiration of the registration may not renew and must submit a new common interest community association registration application by filing the annual report and applicable registration fee.

E. The governing board of an association that fails to comply with registration requirements in this chapter may be subject to action by the board in accordance with 18VAC48-60-14 D C.

18VAC48-60-25. Maintenance of registration.

An association shall must notify the board office, in writing, within 30 days of any of the following:

1. Change of address of contact person information;

2. Change of governing board member authorized by the association pursuant to 18VAC48-60-16 A 2;

3. Change of members of the governing board; and

3. 4. Any other changes in information reported on the association's annual report.

18VAC48-60-55. Fees, generally.

All fees are nonrefundable and shall will not be prorated. The date on which the fee is received by the board or its agent will determine whether the fee is on time. Checks or money orders shall must be made payable to the Treasurer of Virginia.

18VAC48-60-60. Registration and renewal fees.

The following fee schedule is based upon the number of lots or units subject to the declaration for each association. Each association filing its first annual report shall must also pay the assessment required by § 54.1-2354.5 B of the Code of Virginia. The phrase "lots or units subject to the declaration," as used in this section, means any lots or units in a development to which the provisions of the recorded declaration, as amended, for the common interest community are applicable.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

COMMON INTEREST COMMUNITY BOARD

Final Regulation

Title of Regulation: 18VAC48-70. Common Interest Community Ombudsman Regulations (amending 18VAC48-70-10 through 18VAC48-70-70, 18VAC48-70-90, 18VAC48-70-100, 18VAC48-70-110, 18VAC48-70-130).

Statutory Authority: §§ 54.1-2349 and 54.1-2354.4 of the Code of Virginia.

Effective Date: August 1, 2025.

Agency Contact: Anika Coleman, Executive Director, Common Interest Community Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8510, FAX (866) 490-2723, or email cic@dpor.virginia.gov.

Summary:

Pursuant to Executive Directive One (2022) and Executive Order 19 (2022), the amendments primarily consolidate and clarify the regulation. Additionally, substantive changes (i) increase the time an association has to provide written acknowledgment of its receipt of a complaint to 14 days, (ii) add that notice of the meeting where a complaint will be considered must be provided at least 14 days before the meeting is held, and (iii) include the Health and Human Services Poverty Guidelines as the mechanism for determining whether the $25 filing fee for the notice of final adverse decision can be waived by the board. Changes to the proposed regulation add technical corrections and update relevant forms.

Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

18VAC48-70-10. Definitions.

A. Section 54.1-2345 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

Association

Board

Common interest community

Common interest community manager

Declaration

Governing board

Lot

B. Section 54.1-2354.1 of the Code of Virginia provides the definition of the following term as used in this chapter:

Director

C. Section 55.1-1900 of the Code of Virginia provides definition of the following term as used in this chapter:

Condominium instruments

D. Section 55.1-2307 of the Code of Virginia provides definitions of the following terms as used in this chapter:

Governing documents

Resale certificate

E. The following words, terms, and phrases, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise. a different meaning is provided or is plainly required by context:

"Adverse decision" or "final adverse decision" means the final determination decision issued by an association pursuant to an association complaint procedure that is opposite of, or does not provide for, either wholly or in part, the cure or corrective action sought by the complainant. Such decision means all avenues for internal appeal under the association complaint procedure have been exhausted. The date of the final adverse decision shall be the date of the notice issued pursuant to subdivisions 8 and 9 of 18VAC48-70-50.

"Association complaint" means a written complaint filed by a member of the association or a citizen pursuant to an association complaint procedure. An association complaint shall must concern a matter regarding the an action, inaction, or decision by the association, governing board, or managing agent, or association inconsistent that is in conflict with applicable common interest community laws and or regulations.

"Association complaint procedure" means the written process adopted by an association to receive and consider association complaints from members and citizens. The complaint procedure shall include contact information for the Office of the Common Interest Community Ombudsman in accordance with § 54.1-2354.4 of the Code of Virginia. An appeal process, if applicable, shall be set out in an association complaint procedure adopted by the association, including relevant timeframes for filing the request for appeal. If no appeal process is available, the association complaint procedure shall indicate that no appeal process is available and that the rendered decision is final.

"Association governing documents" means collectively the applicable organizational documents, including the current and effective (i) articles of incorporation, declaration, and bylaws of a property owners' association, (ii) condominium instruments of a condominium, and (iii) declaration and bylaws of a real estate cooperative, all as may be amended from time to time. Association governing documents also include, to the extent in existence, resolutions, rules and regulations, or other guidelines governing association member conduct and association governance.

"Common interest community laws or regulations" means Chapter 23.3 (§ 54.1-2345 et seq.) of Title 54.1 of the Code of Virginia; Chapter 18 (§ 55.1-1800 et seq.), 19 (§ 55.1-1900 et seq.), 20 (§ 55.1-2000 et seq.), or 21 (§ 55.1-2100 et seq.) of Title 55.1 of the Code of Virginia; or the regulations of the board.

"Complainant" means an association member or citizen who makes a written complaint pursuant to an association complaint procedure.

"Director" means the Director of the Department of Professional and Occupational Regulation.

"Record of complaint" means all documents, correspondence, and other materials related to a decision made pursuant to an association complaint procedure.

18VAC48-70-20. Submission of documentation.

Any documentation required to be filed with or provided to the board, director, or Office of the Common Interest Community Ombudsman pursuant to this chapter and Article 2 (§ 54.1-2354.1 et seq.) of Chapter 23.3 of Title 54.1 of the Code of Virginia shall must be filed with or provided to the Department of Professional and Occupational Regulation.

18VAC48-70-30. Requirement for association to develop an association complaint procedure.

In accordance with § 54.1-2354.4 of the Code of Virginia, each association shall will have a written process for resolving association complaints from members and citizens. The association complaint procedure or form shall will conform with the requirements set forth in § 54.1-2354.4 of the Code of Virginia and this chapter, as well as the association governing documents, which shall must not be in conflict with § 54.1-2354.4 of the Code of Virginia or this chapter.

18VAC48-70-40. Establishment and adoption of written association complaint procedure.

A. Associations filing an initial application for registration pursuant to § 55.1-1835, 55.1-1980, or 55.1-2182 of the Code of Virginia must certify that an association complaint procedure has been established and adopted at as of the date of registering or within 90 days of registering with the board.

B. An association that has been delinquent in registering the association and filing its required annual reports is still required to have an established and adopted written association complaint procedure. At the time such an association files an application for registration, it must certify that an association complaint procedure has been established and adopted by the governing board.

C. The association shall will certify with each annual report filing that the association complaint procedure has been adopted and is in effect.

18VAC48-70-50. Association complaint procedure requirements.

The association complaint procedure shall must be in writing and shall include the following provisions in addition to any specific requirements contained in the association's governing documents that do not conflict with § 54.1-2354.4 of the Code of Virginia or the requirements of this chapter.

1. The association complaint must be in writing.

2. A sample of the form, if any, on which the association complaint must be filed shall will be provided upon request.

3. The association complaint procedure shall must include the process by which complaints shall be are delivered to the association.

4. The association complaint procedure must include contact information for the Office of the Common Interest Community Ombudsman in accordance with § 54.1-2354.4 of the Code of Virginia.

5. The association shall must provide written acknowledgment of receipt of the association complaint to the complainant within seven 14 days of receipt. Such The acknowledgment shall will be hand delivered or, mailed by registered or certified mail, return receipt requested, or delivered by third-party courier with proof of delivery to the complainant at the address provided, or if consistent with established association procedure, by electronic means, unless prohibited by the governing documents, provided the sender association retains sufficient proof of the electronic delivery.

5. 6. Any specific documentation that must be provided with the association complaint shall must be clearly described in the association complaint procedure. In addition, to the extent the complainant has knowledge of the law or regulation applicable to the complaint, the complainant shall will provide that reference, as well as the requested action or resolution.

6. 7. The association shall must have a reasonable, efficient, and timely method for identifying and requesting any additional information from the complainant that is necessary for the complainant to provide in order to continue processing the association complaint. The association shall will establish a reasonable timeframe for responding to and for the disposition of the association complaint if the request for information is not received within the required timeframe.

7. 8. Notice of the date, time, and location that the matter will be considered shall will be hand delivered or, mailed by registered or certified mail, return receipt requested, or delivered by third-party courier with proof of delivery to the complainant at the address provided or, if consistent with established association procedure, delivered by electronic means, unless prohibited by the governing documents, provided the sender association retains sufficient proof of the electronic delivery, within a reasonable time at least 14 days, unless otherwise agreed to in writing, prior to consideration as established by the association complaint procedure.

8. 9. After the final determination is made, the written notice of final determination shall will be hand delivered or, mailed by registered or certified mail, return receipt requested, or delivered by third-party courier with proof of delivery to the complainant at the address provided or, if consistent with established association procedure, delivered by electronic means, unless prohibited by the governing documents, provided the sender association retains sufficient proof of the electronic delivery, within seven days.

9. 10. The notice of final determination shall must be dated as of the date of issuance and include specific citations to applicable association governing documents, common interest community laws, or regulations that led to the final determination, as well as the registration number of the association. If applicable, the name and license number of the common interest community manager shall must also be provided.

10. 11. The notice of final determination shall must include the complainant's right to file a Notice notice of Final Adverse Decision final adverse decision with the Common Interest Community Board via the Common Interest Community Ombudsman and the applicable contact information.

12. An appeal process, if applicable, must be set out in an association complaint procedure, including relevant timeframes for filing the request for appeal. If no appeal process is available, the association complaint procedure must indicate that no appeal process is available and that the rendered decision is final.

[ 18VAC48-70-60. Distribution of association complaint procedure.

A. The association complaint procedure must be readily available upon request to all members of the association and citizens.

B. The association complaint procedure shall must be included as an attachment to the resale certificate described in § 55.1-2310 of the Code of Virginia. ]

18VAC48-70-70. Maintenance of association record of complaint.

A. A record of each association complaint filed with the association shall must be maintained in accordance with § 54.1-2354.4 A 1 of the Code of Virginia.

B. Unless otherwise specified by the director or his the director's designee, the association shall must provide to the director or his the director's designee, within 14 days of receipt of the request, any document, book, or record concerning the association complaint. The director or his the director's designee may extend such timeframe upon a showing of extenuating circumstances prohibiting delivery within 14 days of receiving the request.

18VAC48-70-90. Filing of notice of final adverse decision.

A complainant may file a notice of final adverse decision in accordance with § 54.1-2354.4 B of the Code of Virginia concerning any final adverse decision that has been issued by an association in accordance with this chapter.

1. The notice shall must be filed within 30 days of the date of the final adverse decision.

2. The notice shall must be in writing on forms provided by the Office of the Common Interest Community Ombudsman. Such The forms shall request will include the following information:

a. Name and contact information of complainant;

b. Name, address, and contact information of association; c. Applicable association governing documents; and

d. c. Date of final adverse decision. The date of final adverse decision will be the date of the notice issued pursuant to subdivisions [ 8 and ] 9 [ and 10 ] of 18VAC48-70-50.

3. The notice shall must include a copy of the association complaint, the final adverse decision, reference to the laws and regulations the final adverse decision may have violated, any supporting documentation related to that accompanied the final adverse decision, and a copy of the association complaint procedure.

4. The notice shall must be accompanied by a $25 filing fee or a request for waiver pursuant to 18VAC48-70-100.

18VAC48-70-100. Waiver of filing fee.

A. In accordance with § 54.1-2354.4 B of the Code of Virginia, the board may, for good cause shown, waive or refund the filing fee upon a finding that payment of the filing fee will cause undue financial hardship for the complainant.

B. The board will use the current U.S. Department of Health and Human Services (HHS) Poverty Guidelines to establish the threshold for whether a filing fee will be waived or refunded as a result of financial hardship. The HHS Poverty Guidelines, as updated annually in the Federal Register, are available at https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines.

C. In order to determine whether the complainant requesting the waiver or refund of the filing fee is at or below the HHS Poverty Guidelines, the complainant must submit to the board supporting documentation satisfactory that provides proof of income.

D. A waiver or refund of the filing fee will be granted if proof of income submitted is at or below the then-current HHS Poverty Guidelines.

18VAC48-70-110. Review of final adverse decision.

A. Upon receipt of the notice of final adverse decision from the complainant, along with the filing fee or a board-approved waiver of filing fee, the Office of the Common Interest Community Ombudsman shall will provide written acknowledgment of receipt of the notice to the complainant and shall will provide a copy of the written notice to the governing board and, if applicable, the common interest community manager of the association that made the final adverse decision. The notice of adverse decision is not complete and will not be reviewed until the filing fee has been received or a waiver of filing fee has been granted by the board.

B. In accordance with § 54.1-2354.4 C of the Code of Virginia, additional information may be requested from the association that made the final adverse decision. Upon request, the association shall will provide such information to the Office of the Common Interest Community Ombudsman within a reasonable time.

C. Information that was not part of the final adverse decision will not be considered.

[ 18VAC48-70-130. Purpose, responsibilities, and limitations.

The Office of the Common Interest Community Ombudsman shall will carry out those activities as enumerated in § 54.1-2354.3 of the Code of Virginia. ]

[ FORMS (18VAC48-70)

Common Interest Community Complaint Form, F491-CICCOMP-vs4 (rev. 4/2022)

Notice of Final Adverse Decision, F491-CICNOTE-vs3 (eff. 4/2022)

Waiver of Filing Fee Request Form, F491-CICFW-vs3 (eff. 4/2022)

Common Interest Community Complaint Form, F491-CICCOMP-vs6 (rev. 8/2025)

Notice of Final Adverse Decision, F491-CICNOTE-vs5 (eff. 8/2025)

Waiver of Filing Fee Request Form, F491-CICFW-vs4 (eff. 8/2025) ]

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR CONTRACTORS

Final Regulation

Title of Regulation: 18VAC50-22. Board for Contractors Regulations (amending 18VAC50-22-40, 18VAC50-22-50, 18VAC50-22-60, 18VAC50-22-62, 18VAC50-22-65, 18VAC50-22-66; adding 18VAC50-22-35, 18VAC50-22-61).

Statutory Authority: § 54.1-201 of the Code of Virginia.

Effective Date: September 1, 2025.

Agency Contact: Cameron Parris, Regulatory Operations Administrator, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-9183, FAX (866) 350-5354, or email cameron.parris@dpor.virginia.gov.

Summary:

The amendments reduce certain entry requirements for firms seeking a Class B or Class C contractor license. Under the amendments, a qualified individual for a Class C contractor license applicant will need one year of experience in the classification or specialty service for which licensure is sought, instead of the current requirement of two years of experience. For Class B and Class C contractor license applicants, the amendments also reduce the requirements for disclosure of adverse financial information (e.g., outstanding past-due debts or judgments or prior bankruptcies). Other amendments clarify and conform the regulation to statute and agency practice. Changes to the proposed regulation update relevant forms to reflect the amended entry requirements.

Summary of Public Comments and Agency's Response: No public comments were received by the promulgating agency.

18VAC50-22-35. Application procedures.

A. All applicants seeking licensure must submit an application with the appropriate fee specified in 18VAC50-22-100. Applications must be made on forms provided by the board or the board's agent and signed by all parties outlined in 18VAC50-22-40, 18VAC50-22-50, or 18VAC50-22-60.

1. By submitting the application to the department, the applicant certifies that the applicant has read and understands the applicable statutes and the board's regulations.

2. The receipt of an application and the deposit of the fees by the board do not indicate approval of the application by the board.

B. The board may make further inquiries and investigations with respect to the applicant's qualifications and information disclosed on the application to confirm or amplify information supplied. All applications must be completed in accordance with the instructions contained in this section and on the application. Applications will not be considered complete until all required documents are received by the board.

C. The applicant will be notified of receipt of initial application if the application is incomplete. Applicants who fail to complete the application process within 12 months of receipt of the application in the board's office must submit a new application.

D. The applicant must immediately report all changes in information supplied with the application, if applicable, prior to the issuance of the license or expiration of the application.

18VAC50-22-40. Requirements for a Class C license.

A. A firm applying for a Class C license must meet the requirements of this section.

B. For every classification or specialty in which the firm seeks to be licensed, the firm shall must name a qualified individual who meets the following requirements:

1. Is at least 18 years old of age;

2. Has a minimum of two years one year of experience in the classification or specialty for which he the individual is the qualifier;

3. Is a full-time employee of the firm as defined in this chapter or is a member of the responsible management of the firm; and

4. a. Has obtained the appropriate certification for the following specialties:

(1) Blast/explosive contracting (Department of Fire Programs explosive use certification);

(2) Fire sprinkler (NICET Sprinkler III certification); and

(3) Radon mitigation (EPA or DEQ accepted radon certification).

b. Has obtained, pursuant to the Individual Licensing and Certification Regulations, a master license for Plumbing, HVAC, Electrical, Gas Fitting, Natural Gas Fitting Provider, and Liquefied Petroleum Gas Contracting.

c. Has completed, for the drug lab remediation specialty, a remediation course approved by the board and a board-approved examination.

d. Has obtained, pursuant to the Individual Licensing and Certification Regulations, certification as an Elevator Mechanic for Elevator Escalator Contracting and certification as a Water Well Systems Provider for Water Well/Pump Contracting.

e. Has obtained, pursuant to the Onsite Sewage System Professionals Licensing Regulations (18VAC160-40), a master conventional onsite sewage system installer license for Conventional Sewage Disposal System Contracting and a master alternative onsite sewage system installer license for Alternative Sewage Disposal System Contracting.

f. Has been approved by the Board for Contractors for the miscellaneous specialty (MSC).

g. Has completed a board-approved examination for all other classifications and specialties that do not require other certification or licensure.

Has met the appropriate prerequisite and board-approved examination, where applicable, for any classification or specialty service specified in 18VAC50-22-61 or has completed a board-approved examination for all other classifications and specialty services that do not require other certification or licensure. For the miscellaneous contracting (MSC) specialty service, the applicant must provide documentation acceptable to the board of the qualified individual's experience in the scope of practice for which the specialty service is being sought. All such applications will be considered by the board in accordance with the provisions of §§ 2.2-4019 and 2.2-4020 of the Code of Virginia.

C. The firm shall must provide information for the past five three years prior to application on any outstanding, past-due debts and judgments; outstanding tax obligations; defaults on bonds; or pending or past bankruptcies. The firm and all members of the responsible management of the firm shall must submit information on any past-due debts and judgments or defaults on bonds directly related to the practice of contracting as defined in Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia.

D. The firm and all members of the responsible management of the firm shall must disclose at the time of application any current or previous contractor licenses held in Virginia or in other jurisdictions and any disciplinary actions taken on these licenses. This includes any monetary penalties, fines, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a license in Virginia or in any other jurisdiction.

E. In accordance with § 54.1-204 of the Code of Virginia, all applicants shall must disclose the following information about the firm, all members of the responsible management, and the qualified individual for the firm:

1. All non-marijuana misdemeanor convictions within three years of the date of application; and

2. All felony convictions during their lifetimes.

Any plea of nolo contendere shall be considered a conviction for purposes of this subsection. The record of a conviction received from a court shall be accepted as prima facie evidence of a conviction or finding of guilt. The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

F. A member of responsible management shall have successfully completed must complete a board-approved basic business course.

18VAC50-22-50. Requirements for a Class B license.

A. A firm applying for a Class B license must meet the requirements of this section.

B. A The firm shall must name a designated employee who meets the following requirements:

1. Is at least 18 years old of age;

2. Is a full-time employee of the firm as defined in this chapter, or is a member of responsible management as defined in this chapter;

3. Has passed a board-approved examination as required by § 54.1-1108 of the Code of Virginia or has been exempted from the exam examination requirement in accordance with § 54.1-1108.1 of the Code of Virginia; and

4. Has followed all rules established by the board or by the testing service acting on behalf of the board with regard to conduct at the examination. Such rules shall include any written instructions communicated prior to the examination date and any oral or written instructions given at the site on the date of the exam examination.

C. For every classification or specialty in which the firm seeks to be licensed, the firm shall must name a qualified individual who meets the following requirements:

1. Is at least 18 years old of age;

2. Has a minimum of three years of experience in the classification or specialty for which he the individual is the qualifier;

3. Is a full-time employee of the firm as defined in this chapter or is a member of the responsible management of the firm; and

4. a. Has obtained the appropriate certification for the following specialties:

(1) Blast/explosive contracting (Department of Fire Programs explosive use certification);

(2) Fire sprinkler (NICET Sprinkler III certification); and

(3) Radon mitigation (EPA or DEQ accepted radon certification).

b. Has obtained, pursuant to the Individual Licensing and Certification Regulations, a master license for Plumbing, HVAC, Electrical, Gas Fitting, Natural Gas Fitting Provider, and Liquefied Petroleum Gas Contracting.

c. Has completed, for the drug lab remediation specialty, a remediation course approved by the board and a board-approved examination.

d. Has obtained, pursuant to the Individual Licensing and Certification Regulations, certification as an Elevator Mechanic for Elevator Escalator Contracting and certification as a Water Well Systems Provider for Water Well/Pump Contracting.

e. Has obtained, pursuant to the Onsite Sewage System Professionals Licensing Regulations (18VAC160-40), a master conventional onsite sewage system installer license for Conventional Sewage Disposal System Contracting and a master alternative onsite sewage system installer license for Alternative Sewage Disposal System Contracting.

f. Has been approved by the Board for Contractors for the miscellaneous specialty (MSC).

g. Has completed a board-approved examination for all other classifications and specialties that do not require other certification or licensure.

Has met the appropriate prerequisite and board-approved examination, where applicable, for any classification or specialty service specified in 18VAC50-22-61 or has completed a board-approved examination for all other classifications and specialty services that do not require other certification or licensure. For the miscellaneous contracting (MSC) specialty service, the applicant must provide documentation acceptable to the board of the qualified individual's experience in the scope of practice for which the specialty service is being sought. All such applications will be considered by the board in accordance with the provisions of §§ 2.2-4019 and 2.2-402 of the Code of Virginia.

D. Each firm shall must submit information on its financial position. Excluding any property owned as tenants by the entirety, the firm shall state must verify a net worth or equity of $15,000 or more by submitting a completed financial statement with supporting documentation, a financial statement reviewed by a certified public accountant (CPA), or a CPA audit. In lieu of this requirement, the firm may obtain a $50,000 surety bond on the board's bond form.

E. Each firm shall must provide information for the five four years prior to application on any outstanding, past-due debts and judgments; outstanding tax obligations; defaults on bonds; or pending or past bankruptcies. The firm, its designated employee, and all members of the responsible management of the firm shall must submit information on any past-due debts and judgments or defaults on bonds directly related to the practice of contracting as defined in Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia.

F. The firm, the designated employee, and all members of the responsible management of the firm shall must disclose at the time of application any current or previous substantial identities of interest with any contractor licenses issued in Virginia or in other jurisdictions and any disciplinary actions taken on these licenses. This includes any monetary penalties, fines, suspension, revocation, or surrender of a license in connection with a disciplinary action. The board, in its discretion, may deny licensure to any applicant when any of the parties listed in this subsection have had a substantial identity of interest (as deemed in § 54.1-1110 of the Code of Virginia) with any firm that has had a license suspended, revoked, voluntarily terminated, or surrendered in connection with a disciplinary action in Virginia or any other jurisdiction.

G. In accordance with § 54.1-204 of the Code of Virginia, all applicants shall must disclose the following information about the firm, designated employee, all members of the responsible management, and the qualified individual for the firm:

1. All non-marijuana misdemeanor convictions within three years of the date of application; and

2. All felony convictions during their lifetimes.

Any plea of nolo contendere shall be considered a conviction for purposes of this subsection. The record of a conviction received from a court shall be accepted as prima facie evidence of a conviction or finding of guilt. The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

H. The designated employee or a member of responsible management shall have successfully completed must successfully complete a board-approved basic business course.

18VAC50-22-60. Requirements for a Class A license.

A. A firm applying for a Class A license shall must meet all of the requirements of this section.

B. A The firm shall must name a designated employee who meets the following requirements:

1. Is at least 18 years old of age;

2. Is a full-time employee of the firm as defined in this chapter or is a member of the responsible management of the firm as defined in this chapter;

3. Has passed a board-approved examination as required by § 54.1-1106 of the Code of Virginia or has been exempted from the exam examination requirement in accordance with § 54.1-1108.1 of the Code of Virginia; and

4. Has followed all rules established by the board or by the testing service acting on behalf of the board with regard to conduct at the examination. Such rules shall include any written instructions communicated prior to the examination date and any oral or written instructions given at the site on the day of the exam examination.

C. For every classification or specialty in which the firm seeks to be licensed, the firm shall must name a qualified individual who meets the following requirements:

1. Is at least 18 years old of age;

2. Has a minimum of five years of experience in the classification or specialty for which he the individual is the qualifier;

3. Is a full-time employee of the firm as defined in this chapter or is a member of the firm as defined in this chapter or is a member of the responsible management of the firm; and

4. a. Has obtained the appropriate certification for the following specialties:

(1) Blast/explosive contracting (DHCD explosive use certification);

(2) Fire sprinkler (NICET Sprinkler III certification); and

(3) Radon mitigation (EPA or DEQ accepted radon certification).

b. Has obtained, pursuant to the Individual Licensing and Certification Regulations, a master license for Plumbing, HVAC, Electrical, Gas Fitting, Natural Gas Fitting Provider, and Liquefied Petroleum Gas Contracting.

c. Has completed, for the drug lab remediation specialty, a remediation course approved by the board and a board-approved examination.

d. Has obtained, pursuant to the Individual Licensing and Certification Regulations, certification as an Elevator Mechanic for Elevator Escalator Contracting and certification as a Water Well Systems Provider for Water Well/Pump Contracting.

e. Has obtained, pursuant to the Onsite Sewage System Professionals Licensing Regulations (18VAC160-40), a master conventional onsite sewage system installer license for Conventional Sewage Disposal System Contracting and a master alternative onsite sewage system installer license for Alternative Sewage Disposal System Contracting.

f. Has been approved by the Board for Contractors for the miscellaneous specialty (MSC).

g. Has completed a board-approved examination for all other classifications and specialties that do not require other certification or licensure.

Has met the appropriate prerequisite and board-approved examination, where applicable, for any classification or specialty service specified in 18VAC50-22-61 or has completed a board-approved examination for all other classifications and specialty services that do not require other certification or licensure. For the miscellaneous contracting (MSC) specialty service, the applicant must provide documentation acceptable to the board of the qualified individual's experience in the scope of practice for which the specialty service is being sought. All such applications will be considered by the board in accordance with the provisions of §§ 2.2-4019 and 2.2-402 of the Code of Virginia.

D. Each firm shall must submit information on its financial position. Excluding any property owned as tenants by the entirety, the firm shall state must verify a net worth or equity of $45,000 by submitting a completed financial statement with supporting documentation, a financial statement reviewed by a certified public accountant (CPA), or a CPA audit. In lieu of this requirement, the firm may obtain a $50,000 surety bond on the board's bond form.

E. The firm shall must provide information for the five years prior to application on any outstanding, past-due debts and judgments; outstanding tax obligations; defaults on bonds; or pending or past bankruptcies. The firm, its designated employee, and all members of the responsible management of the firm shall must submit information on any past-due debts and judgments or defaults on bonds directly related to the practice of contracting as defined in Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia.

F. The firm, the designated employee, and all members of the responsible management of the firm shall must disclose at the time of application any current or previous substantial identities of interest with any contractor licenses issued in Virginia or in other jurisdictions and any disciplinary actions taken on these licenses. This includes any monetary penalties, fines, suspensions, revocations, or surrender of a license in connection with a disciplinary action. The board, in its discretion, may deny licensure to any applicant when any of the parties listed in this subsection have had a substantial identity of interest (as deemed in § 54.1-1110 of the Code of Virginia) with any firm that has had a license suspended, revoked, voluntarily terminated, or surrendered in connection with a disciplinary action in Virginia or in any other jurisdiction.

G. In accordance with § 54.1-204 of the Code of Virginia, all applicants shall must disclose the following information about the firm, all members of the responsible management, the designated employee, and the qualified individual for the firm:

1. All non-marijuana misdemeanor convictions within three years of the date of application; and

2. All felony convictions during their lifetimes.

Any plea of nolo contendere shall be considered a conviction for purposes of this subsection. The record of a conviction received from a court shall be accepted as prima facie evidence of a conviction or finding of guilt. The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

H. The designated employee or a member of responsible management shall have must successfully completed complete a board-approved basic business course.

18VAC50-22-61. Qualifications for classifications and specialties.

For the following classifications or specialty services, the qualified individual must meet the qualifications specified in this section:

18VAC50-22-62. Requirements for residential building energy analyst firm.

A. An applicant for a residential building energy analyst firm license must meet the requirements of this section.

B. The firm shall must name a qualified individual who meets all of the following requirements:

1. Is at least 18 years old of age;

2. Holds a current individual residential building energy analyst license issued by the board; and

3. Is a full-time employee of the firm as defined in this chapter or is a member of the responsible management of the firm.

C. The applicant shall must provide documentation, acceptable to the board, that the firm currently carries a minimum of $500,000 of general liability insurance from a company authorized to provide such insurance in the Commonwealth of Virginia.

D. The firm, the qualified individual, and all members of the responsible management of the firm shall must disclose at the time of application (i) any current or previous energy analyst or home inspection licenses held in Virginia or in other jurisdictions and (ii) any disciplinary actions taken on these licenses. This includes any monetary penalties, fines, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a license in Virginia or in any other jurisdiction.

E. The firm shall must provide information for the past five years prior to application on any outstanding past-due debts, outstanding judgments, outstanding tax obligations, defaults on bonds, or pending or past bankruptcies. The firm, its qualified individual, and all members of the responsible management of the firm shall submit information on any past-due debts and judgments or defaults on bonds directly related to the practice of residential building energy analysis as defined in § 54.1-1144 of the Code of Virginia.

F. In accordance with § 54.1-204 of the Code of Virginia, all applicants shall must disclose the following information about the firm, all members of the responsible management, and the qualified individual for the firm:

1. All non-marijuana misdemeanor convictions within three years of the date of application; and

2. All felony convictions during their lifetimes.

Any plea of nolo contendere shall be considered a conviction for purposes of this subsection. The record of a conviction received from a court shall be accepted as prima facie evidence of a conviction or finding of guilt. The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

18VAC50-22-65. Temporary licenses.

A. A firm applying for a temporary license must meet all of the requirements of § 54.1-201.1 of the Code of Virginia, including the simultaneous submission of a completed application for licensure, and the provisions of this section.

B. A firm must hold a comparable license or certificate in another state and provide verification of current licensure or certification from the other state in a format acceptable to the board. The license or certificate, as applicable, must be in good standing and have comparable qualifications to the Virginia license applied for by the firm.

C. The following provisions apply to a temporary license issued by the board:

1. A temporary license shall will not be renewed.

2. A firm shall will not be issued more than one temporary license.

3. The issuance of the license shall will void the temporary license.

4. If the board denies approval of the application for a license, the temporary license shall will be automatically suspended.

D. Any firm continuing to practice as a contractor after a temporary license has expired or been suspended and who has not obtained a comparable license or certificate may be prosecuted and fined by the Commonwealth under § 54.1-111 A 1 of the Code of Virginia.

18VAC50-22-66. Board's disciplinary authority over temporary license holders.

A. A temporary licensee shall be is subject to all laws and regulations of the board and shall will remain under and be subject to the disciplinary authority of the board during the period of temporary licensure.

B. The license shall licensee will be subject to disciplinary action for any violations of Virginia statutes or regulations during the period of temporary licensure.

[ FORMS (18VAC50-22)

Contractor Licensing Information, A501-27INTRO-v4 (rev. 1/2016)

Requirements for Qualified Individuals, A501-27EXINFO-v5 (rev. 1/2016)

Contractor's License Application, A501-27LIC-v10 (rev. 1/2018)

Additional Specialty Designation Application, A501-27ADDSP-v10 (rev. 1/2018)

Adverse Financial History Reporting Form, A406-01AFIN-v1 (eff. 2/2015)

Change in Qualified Individual and Designated Employee Application, A501-27CH_QIDE-v9 (rev. 1/2018)

Change of Responsible Management Application, A501-27CHRM-v4 (rev. 1/2016)

Contractor Licensing Information, A501-27INTRO-v8 (rev. 9/2025)

Requirements for Qualified Individuals, A501-27EXINFO-v10 (rev. 9/2025)

Contractor's License Application, A501-27LIC-v16 (rev. 9/2025)

Surety Bond Form, A501-27BOND-v1 (eff. 7/2017)

Additional Specialty Designation Application, A501-27ADDSP-v15 (rev. 9/2025)

Adverse Financial History Reporting Form, A406-01AFIN-v2 (eff. 7/2020)

Change in Qualified Individual or Designated Employee Application, A501-27CH_QIDE-v14 (rev. 9/2025)

Change of Responsible Management Application, A501-27CHRM-v6 (rev. 9/2025)

Certificate of License Termination, A501-27TERM-v4 (rev. 12/2015)

Criminal Conviction Reporting Form, A406-01CCR-v1 (eff. 5/2015)

Disciplinary Action Reporting Form, A406-01DAR-v1 (eff. 5/2015)

Criminal Conviction Reporting Form, A406-01CCR-vs6 (eff. 9/2025)

Disciplinary Action Reporting Form, A406-01DAR-v3 (eff. 7/2020)

Education Provider Registration/Course Approval Application, A501-27EDREG-v5 (rev. 1/2014)

Education Provider Listing Application, A501-27EDLIST-v4 (rev. 1/2014)

Financial Statement, A501-27FINST-v4 (rev. 12/2012)

Change in License Class Application, A501CHLIC-v9 (rev. 1/2018)

Change in License Class Application, A501CHLIC-v15 (rev. 9/2025)

Firm - Residential Building Energy Analyst Application, A501-2707LIC-v2 (rev. 7/2013)

Statement of Consumer Protections, RBC-9.1 (rev. 12/2014)

Contractor Temporary License Application, A501-2703LIC-v8 (rev. 1/2018)

Expedited Class A License Application, A501-2705A-v11 (rev. 1/2018)

Statement of Consumer Protections (eff. 7/2025)

Contractor Temporary License Application, A501-2703LIC-v11 (rev. 9/2025)

Expedited Class A License Application, A501-2705A_ELIC-v17 (rev. 9/2025) ]

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF PHARMACY

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Pharmacy intends to consider amending 18VAC110-20, Regulations Governing the Practice of Pharmacy. The purpose of the proposed action is to allow the use of central fill pharmacies and remote database access on a case-by-case basis as part of pilot programs approved by the board pursuant to Chapter 407 of the 2024 Acts of Assembly. The proposed action will establish the terms of those pilot programs, including requirements for operation and dispensing, which include (i) automation requirements; (ii) requirements for acceptance of prescriptions, recordkeeping, patient notification, verification and accuracy, quarterly auditing, policies and procedures, and packaging and labeling; (iii) limitation of dispensing to Schedule VI drugs; (iv) supervision allowances and limitations for pharmacy technicians and unlicensed personnel; (v) allowances for delivery of drugs and returns; (vi) non-dispensing functions that may be performed by unlicensed personnel; and (vii) an exemption from the transfer-of-prescription requirement between pharmacies when the pharmacies are a recipient pharmacy and a central fill pharmacy. Amendments to the existing regulation ensure pharmacy technicians and pharmacy interns performing the duties of pharmacy technicians are able to access remote databases of the pharmacy employer to perform certain functions.

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

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.

Public Comment Deadline: July 30, 2025.

Agency Contact: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4456, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR WASTE MANAGEMENT FACILITY OPERATORS

Final Regulation

Title of Regulation: 18VAC155-20. Waste Management Facility Operators Regulations (amending 18VAC155-20-40).

Statutory Authority: §§ 54.1-201 and 54.1-2211 of the Code of Virginia.

Effective Date: August 1, 2025.

Agency Contact: Cameron Parris, Regulatory Operations Administrator, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-9183, FAX (866) 350-5354, or email cameron.parris@dpor.virginia.gov.

Summary:

Pursuant to § 54.1-113 of the Code of Virginia, the amendments adjust fees charged by the board. Changes to the proposed regulation further adjust licensing fees and amend relevant forms to reflect fee changes.

Summary of Public Comments and Agency's Response: No public comments were received by the promulgating agency.

18VAC155-20-40. Fees.

A. All fees are nonrefundable and shall not be prorated.

B. An application shall not be deemed complete and shall not be processed without the required fee.

1. The application fee for licensure shall be [ $75 $85 ].

2. The fee for renewal of licensure shall be $50 [ $85 $60 ].

3. The fee for late renewal of licensure shall be $75 [ $120 $100 ].

4. The fee for reinstatement of licensure shall be $125 [ $160 $200 ].

5. The examination fee is charged to the applicant by an outside vendor competitively negotiated and contracted for in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). Fees may be adjusted and charged to the applicant in accordance with this contract.

C. All checks shall be made payable to the Treasurer of Virginia.

D. Receipt and deposit of fees submitted with applications do not indicate licensure.

[ FORMS (18VAC155-20)

Experience Verification Form, A438-46EXP-v5 (rev. 10/2013)

Examination Site Conduct Agreement Form (rev. 2/2013)

Education Verification Form, A438-46ED (rev. 7/2012)

License Application, A438-4605LIC v10 (rev. 8/2016)

License Application, A438-4605LIC v12 (rev. 8/2025)

Training Course Approval Application, A438-46CRS-v4 (rev. 8/2016)

Universal License Recognition Application, A438-4605ULR v4 (rev. 8/2025) ]

TITLE 20. PUBLIC UTILITIES AND TELECOMMUNICATIONS

STATE CORPORATION COMMISSION

Proposed Regulation

Title of Regulation: 20VAC5-204. Rules Governing Utility Rate Applications and Annual Informational Filings of Investor-Owned Electric Utilities (amending 20VAC5-204-10, 20VAC5-204-50, 20VAC5-204-90).

Statutory Authority: § 12.1-13 of the Code of Virginia.

Public Hearing Information: An opportunity to request a public hearing will not be offered.

Public Comment Deadline: July 30, 2025.

Agency Contact: Brian Pratt, Deputy Director, Public Utility Regulation, State Corporation Commission, P.O. Box 1197, Richmond, VA 23218, telephone (804) 371-9449, or email brian.pratt@scc.virginia.gov.

Summary:

Pursuant to Chapters 749, 757, 775, and 776 of the 2023 Acts of Assembly, the proposed amendments increase or decrease certain electric utilities' combined rate of return for generation and distribution services by up to 50 basis points, including potential increases or decreases in rates of return based on factors that include generating plant performance, customer service, and operating efficiency of a utility.

AT RICHMOND, MAY 30, 2025

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. PUR-2023-00210

Ex Parte: In the matter concerning

implementing performance-based

adjustments to combined rates of return

under §§ 56-585.1 A 2 c and 56-585.8 E of the Code of Virginia

ORDER ESTABLISHING RULEMAKING

Chapters 749, 757, 775, and 776 of the 2023 Virginia Acts of Assembly (collectively "Enactment Clauses"), inter alia, amended § 56-585.1 A 2 c of the Code of Virginia ("Code"), which establishes a performance measure for investor-owned incumbent electric utilities, allowing the State Corporation Commission ("Commission") to increase or decrease a utility's authorized return on equity as follows:

The Commission may increase or decrease the utility's combined rate of return for generation and distribution services by up to 50 basis points based on factors that may include reliability, generating plant performance, customer service, and operating efficiency of a utility. Any such adjustment to the combined rate of return for generation and distribution services shall include consideration of nationally recognized standards determined by the Commission to be appropriate for such purposes.

Additionally, each Chapter includes an enactment clause that directs the Commission to initiate a proceeding by December 31, 2023, to review and determine the appropriate protocols and standards applicable to implementing performance-based adjustments to the respective utility's combined rate of return. These enactment clauses further direct that the protocols and standards established as a result of such a proceeding shall apply to biennial review filings occurring on or after January 1, 2025 for a Phase II Utility¹ and January 1, 2026 for a Phase I Utility,² unless the Commission determines that the public interest would be better served by implementing such protocols and standards for biennial review filings occurring on or after January 1, 2027. Finally, the enactment clauses establish that, beginning January 1, 2024, and until such standards and protocols are applicable, the Commission shall have and retain its authority, consistent with its precedent for incumbent electric utilities prior to the enactment of Chapters 888 and 933 of the 2007 Acts of Assembly, to increase or decrease the utility's combined rate of return based on the Commission's consideration of the utility's performance.

On December 12, 2023, the Commission issued an Order Establishing Proceeding that, among other things, docketed the matter; initiated a stakeholder process ("Stakeholder Process") to gather proposed standards and protocols; directed the Commission's Staff ("Staff") to conduct the Stakeholder Process; provided an opportunity for interested persons to submit standards and protocols for the Commission's consideration and to participate in a stakeholder meeting; and directed Staff to file a Staff Report ("Report") presenting, for the Commission's consideration, proposed standards and protocols to comply with the Enactment Clauses.

Proposed standards and protocols were submitted by numerous parties through comments filed by stakeholders and by the public, and through a virtual stakeholder meeting held on May 23, 2024, and attended by over 45 stakeholders.³ Staff filed its Report on August 1, 2024, including a summary of the proposed inputs received through the Stakeholder Process, as well as Staff's proposed recommendations and implementation process.⁴

On October 21, 2024, the Commission entered an Order ("Order") which found that further proceedings were needed to implement the to-be-developed protocols and standards for utility biennial reviews filed on or after January 1, 2027.⁵ Attached to the order were two appendices ("Appendices") containing performance metrics proposed by Staff. The Order provided an opportunity for any interested person or entity to submit comments on the Appendices and issues raised in the Report, and directed Staff to file proposed draft regulations utilizing input from the comments received.⁶

Pursuant to the Commission's Order, Staff reviewed the comments filed in this proceeding and filed proposed draft regulations on March 7, 2025 ("Draft Regulations").

NOW THE COMMISSION, upon consideration of this matter, is of the opinion and finds that the Draft Regulations, as appended hereto, should be considered for adoption. The Commission further finds that a copy of the Draft Regulations should be sent to the Office of the Registrar for publication in the Virginia Register of Regulations.

To promote administrative efficiency and timely service of filings upon participants, the Commission will, among other things, direct the electronic filing of comments unless they contain confidential information, and require electronic service on participants in this proceeding.

Accordingly, IT IS ORDERED THAT:

(1) All comments or other documents and pleadings filed in this matter shall be submitted electronically to the extent authorized by Rule 5VAC5-20-150, Copies and format, of the Commission's Rules of Practice and Procedure.⁷ Confidential and Extraordinarily Sensitive Information shall not be submitted electronically and shall comply with Rule 5VAC5-20-170, Confidential information, of the Rules of Practice. Any person seeking to hand deliver and physically file or submit any pleading or other document shall contact the Clerk's Office Document Control Center at (804) 371-9838 to arrange the delivery.

(2) Pursuant to 5VAC5-20-140, Filing and service, of the Rules of Practice, the Commission directs that service on participants and Staff in this matter shall be accomplished by electronic means. Concerning Confidential or Extraordinarily Sensitive Information, participants and Staff are instructed to work together to agree upon the manner in which documents containing such information shall be served upon one another, to the extent practicable, in an electronically protected manner, even if such information is unable to be filed in the Office of the Clerk, so that no participant or Staff is impeded from participating in this matter.

(3) On or before July 30, 2025, any interested person may file comments on the Draft Regulations by following the instructions found on the Commission's website: scc.virginia.gov/case-information/submit-public-comments. Those unable, as a practical manner, to file comments electronically may file such comments by U.S. mail to the Clerk of the State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218-2118. All comments shall refer to Case No. PUR-2023-00210. Individuals should be specific in their comments on the Draft Regulations and should address only those issues pertaining to the Enactment Clauses addressed herein. Issues outside the scope of these Enactment Clauses will not be open for consideration.

(4) An electronic copy of the Draft Regulations may be obtained by submitting a request to Brian Pratt, Deputy Director in the Commission's Division of Public Utility Regulation at the following email address: brian.pratt@scc.virginia.gov. An electronic copy of the Draft Regulations can also be found at the Division of Public Utility Regulation's website: scc.virginia.gov/regulated-industries/utility-regulation/pur-responsibilities/rulemaking. Interested persons may also download unofficial copies of the Order Establishing Rulemaking and the Draft Regulations from the Commission's website: scc.virginia.gov/case-information.

(5) Within 10 business days hereof, Staff shall provide copies of this Order Establishing Rulemaking by electronic transmission, or when electronic transmission is not possible, by mail, to individuals, organizations, and companies who have been identified by Staff as potentially being interested in this proceeding and the Draft Regulations, including all participants in the Stakeholder Process.

(6) The Commission's Office of General Counsel shall forward a copy of this Order Establishing Rulemaking and the Draft Regulations to the Registrar of Regulations for publication in the Virginia Register of Regulations.

(7) The Commission's Division of Public Utility Regulation shall promptly post a copy of this Order Establishing Rulemaking on the Commission's website.

(8) Any documents filed in paper form with the Office of the Clerk of the Commission in this docket may use both sides of the paper. In all other respects, except as modified herein, all filings shall comply fully with the requirements of 5VAC5-20-150, Copies and format, of the Commission's Rules of Practice.

(9) On or before October 1, 2025, the Staff may file with the Clerk of the Commission a report on or a response to any comments, or proposals, submitted to the Commission on the Draft Regulations.

(10) This matter is continued.

A COPY hereof shall be sent electronically by the Clerk of the Commission to all persons on the official Service List in this matter. The Service List is available from the Clerk of the Commission.

20VAC5-204-10. General filing instructions.

A. An applicant shall provide a notice of intent to file an application pursuant to 20VAC5-204-20, 20VAC5-204-40, and 20VAC5-204-60 to the commission 60 days prior to the application filing date. A notice of intent to file an application shall be provided for each 20VAC5-204-40 and 20VAC5-204-60 application, and such notice shall identify the specific section and subsection of the Code of Virginia pursuant to which the application will be filed. An applicant may include more than one application in a notice of intent to the extent the applicant intends to file multiple applications pursuant to 20VAC5-204-40 and 20VAC5-204-60 within the same timeframe but must list each intended application separately within the notice of intent. If the filing is for the continuation of a previously-approved rate adjustment clause, the notice shall identify the specific rate adjustment clause. If the application is for approval of a new rate adjustment clause or for a prudency determination, the notice shall include a narrative description of the associated project or program.

B. Applications pursuant to 20VAC5-204-20 through 20VAC5-204-80 shall include:

1. The name and post office address of the applicant and the name and post office address of the applicant's counsel.

2. A full clear statement of the facts that the applicant is prepared to prove by competent evidence.

3. A statement of details of the objectives sought and the legal basis therefore.

4. All direct testimony by which the applicant expects to support the objectives sought. Each testimony shall include a summary not to exceed one page for applications pursuant to 20VAC5-204-30, 20VAC5-204-40, or 20VAC5-204-60 through 20VAC5-204-80 and not to exceed two pages for applications pursuant to 20VAC5-204-20 or 20VAC5-204-50.

5. Information or documentation conforming to the following general instructions:

a. Attach a table of contents of the company's application, including exhibits.

b. Each exhibit shall be labeled with the name of the applicant and the initials of the sponsoring witness in the upper right-hand corner as follows:

Exhibit No. (Leave Blank)

Witness: (Initials)

Statement or

Schedule Number

c. The first page of all exhibits shall contain a caption that describes the subject matter of the exhibit.

d. If the accounting and statistical data submitted differ from the books of the applicant, then the applicant shall include in its filing a reconciliation schedule for each account or subaccount that differs, together with an explanation describing the nature of the difference.

e. The required accounting and statistical data shall include all work papers and other information necessary to ensure that the items, statements, and schedules are not misleading.

C. This chapter does not limit the commission staff or parties from raising issues for commission consideration that have not been addressed in the applicant's filing before the commission. Except for good cause shown, issues specifically decided by commission order entered in the applicant's most recent rate case may not be raised by staff or interested parties in earnings tests made pursuant to 20VAC5-204-20, 20VAC5-204-30, or 20VAC5-204-50.

D. An application filed pursuant to 20VAC5-204-20, 20VAC5-204-30, 20VAC5-204-40, 20VAC5-204-50, 20VAC5-204-60, 20VAC5-204-70, or 20VAC5-204-80 shall not be deemed filed pursuant to Chapter 10 (§ 56-232 et seq.) or Chapter 23 (§ 56-576 et seq.) of Title 56 of the Code of Virginia unless it is in full compliance with this chapter.

E. The commission may waive any part or all of this chapter for good cause shown.

F. Where a filing contains information that the applicant claims to be confidential, the filing may be made under seal provided it is simultaneously accompanied by both a motion for protective order or other confidential treatment and an original and one copy of a redacted version of the filing to be available for public disclosure. Unredacted filings containing the confidential information shall, however, be immediately available to the commission staff for internal use at the commission.

G. Filings containing confidential (or redacted) information shall so state on the cover of the filing, and the precise portions of the filing containing such confidential (or redacted) information, including supporting material, shall be clearly marked within the filing.

H. Applicants shall provide a searchable PDF version of the application and direct testimony electronically to the Divisions of Utility Accounting and Finance and Public Utility Regulation on the application filing date. Applicants must also provide a searchable PDF of the public version of the application and direct testimony electronically to the Division of Consumer Counsel of the Office of the Attorney General of Virginia on the application filing date.

Additionally, all schedules containing calculations derived from formulas shall be provided electronically to the Divisions of Utility Accounting and Finance and Public Utility Regulation in an electronic spreadsheet including all underlying formulas and assumptions on the application filing date. Such electronic spreadsheet shall be commercially available and have common use in the utility industry.

All schedules that do not contain calculations derived from formulas shall be provided electronically to the Divisions of Utility Accounting and Finance and Public Utility Regulation in a searchable PDF version within five business days of the application filing date. Additional versions of such schedules shall be made available to parties upon request.

I. All applications, including direct testimony and Schedules 1 through 28, 30 through 39, and 41 through 49 50, as applicable, shall be filed in an original and 12 copies with the Clerk of the Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218. One copy of Schedules 29 and 40 shall be filed with the Clerk of the Commission. Applicants may omit filing Schedule 29 with the Clerk of the Commission in Annual Informational Filings. Additional copies of such schedules shall be made available to parties upon request.

One copy of Schedules 29 and 40 shall be submitted to the Division of Utility Accounting and Finance. Four copies of Schedule 40 shall be submitted to the Division of Public Utility Regulation.

J. 1. For any application made pursuant to 20VAC5-204-20, 20VAC5-204-40, or 20VAC5-204-60, the applicant shall serve a copy of the information required in subsection A of this section at the same time that it is filed with the commission upon: (i) the chairman of the board of supervisors of each county (or equivalent officials in the counties having alternate forms of government) in this Commonwealth affected by the proposed increase or, in the case of applications made pursuant to 20VAC5-204-40, the proposed project; (ii) the mayor or manager of every city and town (or equivalent officials in towns and cities having alternate forms of government) in this Commonwealth affected by the proposed increase or, in the case of applications made pursuant to 20VAC5-204-40, the proposed project; and (iii) the Division of Consumer Counsel of the Office of the Attorney General of Virginia. Such service shall be made electronically to the extent the applicant has official email addresses for such officials. If not, such service shall be made either by (i) personal delivery or (ii) first class mail to the customary place of business or to the residence of the person served.

2. For applications pursuant to 20VAC5-204-20 and 20VAC5-204-40 through 20VAC5-204-80, the applicant shall also serve each official listed in subdivision J 1 of this section with the following within five business days of the issuance of the commission's procedural order regarding the application: (i) the information required in subdivisions B 1, B 2, and B 3 of this section; (ii) a statement that a copy of the complete public version of the application may be obtained at no cost by making a request therefor in writing to a specified company official; and (iii) the commission's procedural order regarding the application. Such service shall be made electronically to the extent the applicant has official email addresses for such officials. If not, such service shall be made either by (i) personal delivery or (ii) first class mail to the customary place of business or to the residence of the person served.

3. In addition, the applicant shall serve a copy of the complete public version of its application upon the Division of Consumer Counsel of the Office of the Attorney General of Virginia at the same time it is filed with the commission. Such service shall be made either by personal delivery or first class mail to the customary place of business.

K. Nothing in this chapter shall be interpreted to apply to applications for temporary reductions of rates pursuant to § 56-242 of the Code of Virginia.

20VAC5-204-50. Base rate review applications pursuant to § 56-585.1 or 56-585.8 of the Code of Virginia.

A. A base rate review application filed pursuant to § 56-585.1 or 56-585.8 of the Code of Virginia shall include the following:

1. Exhibits consisting of Schedules 3; 6; 7; 9 through 18; 29 a, b, c, and f; 30, 31, 32, 34, 35, 36, 40a, 44, and 48 as identified in 20VAC5-204-90 shall be submitted with the utility's direct testimony for each of the successive 12-month test periods. Schedule 35 for the final 12-month test period shall be filed no later than April 30 of the application filing year.

2. Exhibits consisting of Schedules 1, 2, 4, 5, 8, 19 through 28, 29 d, 29 e, 33, 37, 38, 39, 40b, 40c, 41, 42, 43, 45, and 47 as identified in 20VAC5-204-90 shall be submitted with the utility's direct testimony for the final 12-month test period. An exhibit consisting of Schedule 49 as identified and described in 20VAC5-204-90 shall be submitted with the utility's direct testimony for the final 12-month test period.

3. An exhibit consisting of additional schedules may be submitted with the utility's direct testimony. Such exhibit shall be identified as Schedule 49 50 (this exhibit may include subschedules as needed labeled 49A 50A et seq.).

4. A reconciliation of the total company amounts in Schedules 19 and 22 to the statement of income and comparative balance sheet contained in Federal Energy Regulatory Commission Form No. 1 shall be filed with the commission no later than April 30 of the application filing year.

B. The assumed rate year for purposes of determining ratemaking adjustments in Schedules 21 and 24, as identified in 20VAC5-204-90, shall begin on January 1 following the application filing date.

20VAC5-204-90. Instructions for Schedules and exhibits for this chapter.

The following instructions for schedules and exhibits are to be used in conjunction with this chapter:

Schedule 49 - Data Pertaining to Nationally Recognized Standards for Reliability, Generating Plant Performance, Customer Service, and Operating Efficiency

Instructions: Provide the metrics identified in paragraphs (a) and (b) of the Schedule 49 filing requirements, if applicable, using the Schedule 49 definitions provided. Should the commission issue orders requiring metrics in addition to those identified in the Schedule 49 filing requirements and definitions, provide the metrics identified in paragraphs (a) and (b) in a manner that is in accordance with the Schedule 49 filing requirements and definitions and in compliance with any applicable commission order. Unless specified otherwise, metric data shall be provided by calendar year for each year of the biennial review period as well as the historical benchmark period that is specified for the particular performance metric.

Schedule 49 definitions:

When used in this schedule, the following terms shall have the following meanings, unless context clearly indicates otherwise:

"Advanced Metering Infrastructure" or "AMI" means a networked system of smart meters, communication technologies, and data management systems designed to enable automated, real-time, and two-way communication between utilities and customers.

"Average speed of answer" or "ASA" means the average time in seconds that callers experience in a queue to reach an agent or to initiate a transaction through an interactive voice response system.

"Btu" means British thermal unit.

"Capacity factor (renewables)" means the ratio of the actual energy produced by a renewable energy system (such as a wind or solar farm) to the maximum possible energy that could be generated if it operated at full capacity all the time.

"CH₄" means methane.

"CO" means carbon monoxide.

"CO₂" means carbon dioxide.

"CO₂e" means carbon dioxide equivalent, and is a standard unit used to measure and compare the emissions of different greenhouse gases based on their global warming potential.

"CO₂ intensity" means the amount of carbon dioxide (CO₂) emitted per unit of energy generated or consumed.

"Criteria Pollutants" means the set of air pollutants that are regulated by the U.S. Environmental Protection Agency, and includes PM2.5, PM10, O₃, CO, NO₂, SO₂, and Pb.

"Demand-side management" or "DSM" means the programs filed by the applicant before the commission, designed to control and reduce electricity consumption on the consumer side of the grid.

"Distributed Energy Resource" or "DER" means small-scale, decentralized energy systems that generate, store, or manage electricity close to where the electricity is used. DERs can be renewable (e.g., solar or wind), nonrenewable (e.g., natural gas microgrids), or include energy storage systems and demand-side management technologies.

"Distributed Energy Resource Management System" or "DERMS" means a system designed to manage and optimize distributed energy resources (DERs), such as solar panels, batteries, electric vehicles (EVs), and demand-side resources (e.g., smart appliances) that are connected to the grid.

"Equivalent forced outage rate on demand" or "EFORd" means a measure of the probability that a generating unit will not be available due to forced outages or forced deratings when there is demand on the unit to generate. When used as a measure of historical performance, EFORd is calculated as the percentage of total demand time that a unit was unavailable due to forced outages or deratings.

"EIA" means the U.S. Energy Information Administration.

"Equivalent availability factor" or "EAF" means the fraction of a given operating period in which a generating unit is available without any outages and equipment deratings or seasonal deratings.

"EV" means electric vehicle.

"EVSE" means electric vehicle supply equipment.

"FERC" means Federal Energy Regulatory Commission or its successor agency.

"Heat rate" or "HR" means how efficiently a generator converts heat energy from fuel into electrical energy. Heat rate is calculated by dividing the thermal energy consumption by the electric energy generated (Btu/kWh).

"kW" means kilowatt.

"kWh" means kilowatt-hour.

"Mt CO₂e" means metric tons of carbon dioxide equivalent.

"MW" means megawatt.

"MWh" means megawatt-hour.

"Net capacity factor (nuclear)" means the actual amount of electricity a nuclear plant generates over a period of time, compared to the maximum possible output it could produce if it were operating at full capacity for 24 hours per day, seven days a week, accounting for factors like planned maintenance, outages, and other operational considerations.

"Net Energy Metering" or "NEM" means the billing mechanism that allows customers with solar panels (or other distributed energy resources) to offset their own demand and receive credit for excess electricity generated and fed back into the grid.

"N₂O" means nitrous oxide.

"NO₂" means nitrogen dioxide.

"NO_x" means nitrogen oxides.

"O₃" means ground-level ozone.

"O&M" means operations and maintenance.

"Off-peak charging" means charging an EV or EVSE during periods of lower electricity demand, typically when the grid is under less strain.

"Pb" means lead.

"Plant production cost" means the total production expense per MWh of net output.

"PM" means the mixture of tiny particles and liquid droplets that are suspended in the air, and includes two main types, PM 2.5 and PM 10.

"PM 2.5" means particles with a diameter of 2.5 micrometers or smaller.

"PM 10" means particles with a diameter of 10 micrometers or smaller.

"PPA" means power purchase agreement.

"PTO" means permission to operate.

"PWR" means pressurized water reactor.

"Resource economic efficiency" means the annual net operating profits for each owned generating unit and purchased power resource, expressed in dollars per year and dollars per MWh produced by the electric generating unit or purchased power agreement. In terms of dollars per year, it is calculated by subtracting total annual operating costs, including incremental capital additions, non-fuel O&M, and fuel costs, from total annual capacity, energy, and ancillary service revenues produced by the electric generating unit or from a purchased power agreement.

"RTO" means the regional transmission organization in which the applicant is a member.

"System average service reliability" or "SASR" means the measure of the reliability of the applicant's service; specifically, the average number of service interruptions experienced by customers within a year.

"SEC" means the U.S. Securities and Exchange Commission.

"SLR Program" means subsequent license renewal program.

"SO₂" means sulfur dioxide.

"System Average Interruption Duration Index" or "SAIDI," excluding or including major events, means the total duration of interruption for the average customer on an annual basis. SAIDI equals the sum of all customer interruption durations divided by the total number of customers served.

"System Average Interruption Frequency Index" or "SAIFI," excluding or including major events, means the average number of interruptions that a customer would experience on an annual basis, expressed as a number. SAIFI equals the sum of all customer interruptions divided by the total number of customers served.

"XEFORd" means a measure of the probability that a generating until will not be available due to forced outages or forced deratings when there is demand on the unit to generate. It is similar to EFORd but excludes events that are designated as outside management's control.

Schedule 49 filing requirements:

(a) Provide the metric data listed for the applicant and any specified industry benchmark for the biennial review period and, separately, for each specified historical benchmark period. The historical benchmark period for the SAIDI and SAIFI metrics is the 10-year period immediately preceding the biennial review period. The historical benchmark period for all other metrics listed, if applicable, is the three-year period immediately preceding the biennial review period. In addition, provide workpapers in executable Excel format supporting the calculations of the metrics as identified and defined in this schedule or supplemented by commission order. Where metric data for the historic benchmark period is not available upon filing, the reason shall be stated, and the data shall be provided as soon as it becomes available. To the extent practicable, data should be obtained from publicly available sources such as the SEC, FERC, EIA, and RTO.

Reliability:

1. SAIDI, excluding major events.

2. SAFI, excluding major events.

Generating Plant Performance:

3. XEFORd (non-nuclear) for the applicant and RTO benchmark group.

4. Net capacity factor (nuclear) for the applicant and U.S. Nuclear Industry (800-999 MW PWRs), excluding outages associated with the SLR Program.

5. Capacity factor (renewables).

Customer service:

6. Billing invoice accuracy percentage.

7. Average number of days to receive PTO for NEM interconnections.

8. Number and percentage of NEM waivers filed with commission staff.

9. Average number of days for non-NEM DER interconnection processing.

10. Customer satisfaction survey results.

Operating efficiency:

11. Resource economic efficiency for each of the applicant's owned generating units and purchased power resources, by year, expressed in dollars per year and dollars per MWh, produced by the generating unit or from a purchased power resource.

(b) In addition to the information required in paragraph (a), provide the metric data listed below for the applicant and any specified industry benchmark for the biennial review period and, separately, for each specified historical benchmark period. The historical benchmark period for the SAIDI, SAIFI, and emissions metrics (i.e., paragraph (b) subdivisions 1, 2, and 10 through 17) is the 10-year period immediately preceding the biennial review period. The historical benchmark period for all other metrics listed, if applicable, is the three-year period immediately preceding the biennial review period. In addition, provide workpapers in executable Excel format supporting the calculations of the metrics as identified and defined in this schedule or supplemented by commission order. Where metric data for the historic benchmark period is not available upon filing, the reason shall be stated, and the data shall be provided as soon as it becomes available. To the extent practicable, data should be obtained from publicly available sources such as SEC, FERC, EIA, and RTO.

Reliability:

1. SAIDI, including major events.

2. SAIFI, including major events.

3. Number of customers experiencing n sustained interruptions per year for each year of the historical benchmark period and biennial review period, where the variable n separately corresponds to the following categories: 0, 1 to 3, 4 to 6, 7 to 10, and more than 10 sustained interruptions.

4. Number of customers experiencing long interruption durations of n hours per year for each year of the historical benchmark period and biennial review period, where the variable n separately corresponds to the following intervals: more than three and less than or equal to six hours; more than six and less than or equal to 12 hours; more than 12 and less than or equal to 24 hours; more than 24 and less than or equal to 48 hours; and more than 48 hours.

5. SASR.

6. Increase in on-site energy storage of net metered customers, measured by the year-over-year increase in kW capacity of on-site energy storage of customers participating in the applicant's NEM program.

7. Increase in third-party PPA enrollment, measured by the year-over-year increase in MW capacity and MWh sales contracted for through third-party PPA enrollment.

Generating plant performance:

8. EAF (fossil fuel units only) for the applicant and RTO benchmark group.

9. Heat rates (coal and combined cycle units only) for the applicant and the national average U.S. Coal and U.S. Combined Cycle benchmark.

10. CO₂e, CO₂, CH₄, N₂O, NO_x, and SO₂ emissions from applicant-owned, Virginia jurisdictional, fossil-fuel generation units with a nameplate capacity over 25 MW and producing energy for sale.

11. CO₂ intensity, measured as a 12-month-by-24-hour profile for total CO₂ emissions, for applicant-owned, Virginia jurisdictional, fossil-fuel generation units with a nameplate capacity over 25 MW and producing energy for sale.

12. Mt CO₂e for applicant-owned, Virginia jurisdictional, fossil-fuel generation units with a nameplate capacity over 25 MW and producing energy for sale.

13. Mt CO₂e per MWh for applicant-owned, Virginia jurisdictional, fossil-fuel generation units with a nameplate capacity over 25 MW and producing energy for sale.

14. PM (PM 10 and PM 2.5) emissions per MWh for applicant-owned, Virginia jurisdictional, fossil-fuel generation units with a nameplate capacity over 25 MW and producing energy for sale.

15. Mercury emissions per MWh for applicant-owned, Virginia jurisdictional, fossil-fuel generation units with a nameplate capacity over 25 MW and producing energy for sale.

16. Lead emissions per MWh for applicant-owned, Virginia jurisdictional, fossil-fuel generation units with a nameplate capacity over 25 MW and producing energy for sale.

17. Criteria pollutants emissions per MWh for applicant-owned, Virginia jurisdictional, fossil-fuel generation units with a nameplate capacity over 25 MW and producing energy for sale.

18. MWh of curtailed DER generation per year.

19. MWh of curtailed non-DER renewable generation per year.

20. Percentage of energy delivered annually by storage systems (e.g., battery or pumped hydro) compared to the energy initially supplied to the storage system.

Customer Service:

21. Average speed of answer.

Operating Efficiency:

22. Annual large coal plant production costs.

23. Annual combined cycle plant production costs.

24. Number of hours managed EV charging was completed during off-peak hours compared to overall charging hours.

25. Identification of federal programs for technical assistance or funding for EV/EVSE and clean energy technology deployment for which the applicant has applied during the biennial review period.

26. Identification of grants or other awards the applicant has obtained through applications submitted during the biennial review period to federal programs for technical assistance or funding for EV/EVSE and clean energy technology deployment.

27. Available dispatchable demand response or DERMS capacity (MW) by delivery year.

28. MW of demand response dispatched per delivery year.

29. MW of peak load reduced during the delivery year.

30. Dollar savings from active DSM programs by DSM program year.

31. Incremental demand response capacity (MW) by DSM program year.

32. MW reduction in peak demand attributable to load management through AMI.

33. Percentage of new incremental customer-owned clean energy capacity added annually that is enrolled in applicant-sponsored DSM programs for each year of the biennial review period and the historical benchmark period.

34. Distribution system losses, in dollars per MWh, resulting from technical issues (e.g., the energy lost from the system as current moves over it), non-technical losses (e.g., losses from incorrect billing and theft), and contact voltage losses.

35. Increased system capacity (MW) gained through installation of grid-enhancing technologies per year for each year of the biennial review period and the historical benchmark period.

36. Average monthly bills by residential and commercial classes by year for each year of the biennial review period and the historical benchmark period.

37. Percentage of customers enrolled in time varying rates by customer class.

38. Total cost or balance, cost or balance per customer, cost or balance per MWh, and cost or balance per line mile for the following items:

a. Net rate base.

b. Non-fuel O&M cost.

c. Annual revenue growth.

d. Annual fuel costs.

e. Sum of all non-fuel cost tracker revenues.

f. Annual capital expenditure.

g. Annual capital cost, measured by annual depreciation expense plus the total return paid by customers.

Schedule 50 - Additional Schedules

Reserved for additional exhibits presented by the applicant to be labeled Schedule 50 et seq.