Virginia Regulatory Town Hall
Department of Environmental Quality
State Water Control Board
Virginia Stormwater Management Program (VSMP) Regulation (formerly 4VAC50-60) [9 VAC 25 ‑ 870]
Amendment to 4VAC50-60-54 E of the VSMP Permit Regulations to consider all
Action 3787
[Withdrawn 10/25/2013]
General Information
Action Summary This regulatory action amends the Virginia Stormwater Management Program (VSMP) Permit Regulations (4VAC50-60-54 E) to clarify that “all approved” Total Maximum Daily Loads (TMDLs) with a specific waste load allocation (WLA) for a pollutant assigned to stormwater discharges from a construction activity are subject to the identification and implementation of additional control measures when found to be necessary. Prior to this regulatory action, the language of this section only applied to Total Maximum Daily Loads (TMDLs) “approved by the State Water Control Board” that contain a specific Waste Load Allocation (WLA) for a given pollutant assigned to stormwater discharges from a construction activity. Recently, several TMDLs have been approved by the federal government, rather than approved by the State Water Control Board at this time. In order to address this procedural change and to recognize federally approved TMDLs where a specific WLA for a pollutant has been established and is assigned to stormwater discharges from a construction activity, where legally appropriate to do such, the language of this section is being expanded to speak to “an approved” TMDL regardless of the approving entity. This is necessary to remain compliant with the issuance of Construction General Permit project coverages under the auspices of the federal Clean Water Act. This action is clarifying in nature.
Chapters Affected Only affects this chapter.
Executive Branch Review This action will go through the normal Executive Branch Review process.
RIS Project Yes  [003082]
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
6308 Fast-Track Stage withdrawn on 10/25/2013 after the Governor's office completed its review.
Contact Information
Name / Title: Cindy M. Berndt 
Address: 629 East Main Street
P.O. Box 1105
Richmond, VA 23218
Email Address:
Phone: (804)698-4378    FAX: (804)698-4346    TDD: ()-