State Water Control Board Approves Consolidated Erosion and Sediment Control and Stormwater Management Regulation

from Virginia DEQ

At its regular meeting held in Richmond on June 22, the State Water Control Board adopted the Virginia Erosion and Stormwater Management Regulation (9VAC25-875) and approved multiple regulatory updates to ensure that programs administered by the Virginia Department of Environmental Quality (DEQ) are responsive to legal requirements and environmental conditions.

In 2016, the Virginia General Assembly consolidated Virginia’s erosion and sediment control and stormwater management programs. Since then, DEQ staff, with support from a Regulatory Advisory Panel, have worked to combine and clarify regulatory requirements. The Erosion and Sediment Control (9VAC25-840), Erosion and Sediment Control and Stormwater Management Certification (9VAC25-850) and Stormwater Management (9VAC25-870) regulations will be combined into a single regulation. The resulting Virginia Erosion and Stormwater Management Regulation, which will become effective July 1, 2024, untangles the unnecessarily complicated regulations, eliminates inconsistencies, and makes technical and procedural information easier to find and understand.

“This consolidated regulation is easier to understand, better organized and eliminates redundant provisions,” said DEQ Director Mike Rolband. “It retains the technical requirements for erosion and sediment control and stormwater management in a new regulation that is 18 percent shorter than the original regulations.”

Board Chair Heather Wood commented on the significance of the regulations as part of DEQ’s broader efforts to clarify, consolidate, and update regulations, guidance, and technical manuals for erosion and sediment control and stormwater management. “I want to commend DEQ staff, stakeholders, advisory groups, and everyone else involved that persevered to make this happen,” she said. “I think it is helpful to have it all in one place.”

Additionally, The Board approved the following regulatory changes in response to bills passed during the 2023 General Assembly session:

• Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation (9VAC25-31). In response to HB 2189 industrial users of publicly owned treatment works are required to test their waste streams for PFAS prior to and after cleaning, repairing, refurbishing, or processing items that the industrial users know or reasonably should know contain PFAS and report the results of the tests to the publicly owned treatment works.
• Virginia Water Protection (VWP) Permit Program Regulation (9VAC25-210). In response to HB 2181 and SB 1074 the duplicative permits previously required by the Virginia Marine Resources Commission and DEQ in nontidal waters are no longer required when a VWP permit is issued by DEQ. In response to HB 1804 tidal wetland banks in adjacent river watersheds that have the same plant community type and salinity regime may be used for compensatory mitigation in certain watersheds.
• Erosion and Sediment Control Regulations (9VAC25-840), Virginia Stormwater Management Program Regulation (9VAC25-870), and General VPDES Permit for Discharges of Stormwater from Construction Activities (9VAC25-880). In response to HB 1848 and SB 1376 an agreement in lieu of a plan may be used for certain farm buildings and structures when the impervious cover on the parcel of land is less than five percent. This will provide regulatory relief while still ensuring methods are implemented to protect the environment.
• Certification of Nonpoint Source Nutrient Credits (9VAC25-900). In response to SB 959, in determining the delivery factors for nonpoint source nutrient credits generated outside of the Chesapeake Bay watershed, the DEQ Director may approve substitute delivery factors that are deemed to be based on the best available scientific and technical information as an alternative to the current delivery factors derived from the Chesapeake Bay Program watershed model.

The Board also took the following actions:

• VPDES General Permit Regulation for Concrete Products Facilities (9VAC25-193). The Board approved final amendments to the regulation and reissuance of the general permit for a new five-year permit term. The new general permit takes effect on January 1, 2024, and allows for electronic submission of discharge monitoring reports and the discharge of treated dust suppression water.
• General VPDES Permit for Discharges of Stormwater from Construction Activities (9VAC25-880). The Board approved the Public Comment Period and Public Hearing for the proposed amendments to the General Permit for Discharges of Stormwater from Construction Activities. Reissuance of this General Permit will ensure construction activities will not be interrupted and facilitate economic development while ensuring environmental protection.