Action:
Amendments to biosolids permit requirements in response to Chapter 280 of the 2025 Acts of Assembly
Action 6797
General Information
| Action Summary |
Chapter 280 of the 2025 Acts of Assembly (HB 2517) specifies that the permitting requirements of § 62.1-44.19:3 of the Code of Virginia shall not apply to any land application of sewage sludge for a research project when such land is owned and operated by an institution of higher education in the Commonwealth. The legislation specifies that 1) at least 30 days prior to commencing any land application of sewage sludge, the institution of higher education shall notify the Virginia Department of Environmental Quality (DEQ) and the owner of every adjoining property of its intent to land apply such sewage sludge; and 2) the institution of higher education shall comply with setback and recordkeeping requirements as outlined in the Virginia Pollution Abatement (VPA) Permit Regulation (9VAC25 32). The legislation also specifies that the provisions of the act shall expire on July 1, 2030.
The Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation (9VAC25-31) and the VPA Permit Regulation (9VAC25-32) contain the requirements for treated sewage sludge that is managed in a manner to meet the required pathogen control and vector attraction reduction, and contains concentrations of regulated pollutants below the ceiling limits established in 40 CFR Part 503 and state regulations, such that it meets the standards established for use for land application, marketing, or distribution. The treated sewage sludge is known as “biosolids” and only biosolids may be land-applied in Virginia. This regulatory action amends the requirements for institutions of higher education in both the VPDES and VPA permit regulations to land apply biosolids for a research project so that they are consistent with the change to state law.
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| Chapters Affected |
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VAC |
Chapter Name |
Action Type |
| Primary |
9 VAC 25-31 |
Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation |
Amend Existing Regulation
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| Other chapters |
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9 VAC 25 - 32 |
Virginia Pollution Abatement (VPA) Permit Regulation |
Amend Existing Regulation
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| 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.
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| RIS Project |
Yes [8298] |
| Associated Mandates |
Land application of sewage sludge; permit exemptions; sunset
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| New Periodic Review |
This action will not be used to conduct a new periodic review.
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Stages
Stages associated with this regulatory action.
| Stage ID |
Stage Type |
Status |
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10829
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Final
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Governor's office review in progress. |
Contact Information
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Name / Title:
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Neil Zahradka
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Address:
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1111 East Main Street, Suite 1400
P.O. Box 1105
Richmond, VA 23218
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Email Address:
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neil.zahradka@deq.virginia.gov
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Phone:
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(804)698-4102
FAX: ()-
TDD: ()-
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