Virginia Regulatory Town Hall
Agency
Department of Environmental Quality
Board
State Water Control Board
chapter
Virginia Erosion and Stormwater Management Regulation [9 VAC 25 ‑ 875]
Action is Exempt from Article 2 of the Administrative Process Act
Action:
Amendment to the Virginia Erosion and Stormwater Management Regulation (9VAC25-875 et seq.) in response to changes to 40 CFR Part 122
Action 6590
 
General Information
Action Summary Revisions to 9VAC25-875-970 and 9VAC25-875-980 are necessary to maintain consistency with federal regulations. Amendments to 40 CFR Part 122, effective July 12, 2023, 88 FR 37994, replaced the term “urbanized area” with “urban area with a population of 50,000 or more people as determined by the latest Decennial Census by the Bureau of the Census” due to changes made by the Census Bureau. The amendments to the Virginia Erosion and Stormwater Management Regulation (9VAC25-875) maintain consistency with federal regulations and, as such, are exempt from the state administrative procedures for adoption of regulations because they are necessary to meet the requirements of federal law or regulations, provided such regulations do not differ materially from those required by federal law or regulation (§ 2.2-4006(A)(4)(c) of the Code of Virginia). The Virginia Erosion and Stormwater Management Regulation (9VAC25-875 et seq.) will be updated to be consistent with the amended federal regulations.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act, but falls within the Executive Branch and will be reviewed by the Governor's Office.
RIS Project Yes  [7991]
Is Federal action a driving factor in this regulatory change? If so, please provide a specific reference to the law, regulation or court case.
Amendments to 40 CFR Part 122, effective July 12, 2023, 88 FR 37994
New Periodic Review This action will not be used to conduct a new periodic review.
 
Stages
Stages associated with this regulatory action.
Stage ID Stage Type Status
10492 Final Governor's office review in progress.
 
Contact Information
Name / Title: Rebeccah W. Rochet, P.E   / Deputy Director, Division of Water Permitting
Address: 1111 East Main Street, Suite 1400
P.O. Box 1105
Richmond, VA 23218
Email Address: rebeccah.rochet@deq.virginia.gov
Phone: (804)801-2950    FAX: ()-    TDD: ()-

This person is the primary contact for this chapter.