| Action Summary | Chapter 1080 of the 2026 Acts of Assembly (HB952, effective July 1, 2026) expands the Chesapeake Bay TMDL compliance options by allowing permittees covered under the Industrial Stormwater General Permit to use nutrient credits generated by point sources for the purpose of nutrient reduction compliance for calendar years 2025 and 2026, subject to conditions specified in the legislation. These conditions include: (1) Credits being generated and applied for purposes of compliance for the same calendar year; (2) Credits being acquired no later than September 1, 2026, for calendar year 2025 or June 1, 2027, for calendar year 2026; (3) Credits being generated in the same locality or tributary, except that permittees in the Eastern Coastal Basin may also acquire credits from the Potomac and Rappahannock tributaries; (4) Credits being either point source nitrogen or point source phosphorus credits generated by point sources covered by the general permit issued pursuant to ยง 62.1-44.19:14 of the Code of Virginia; and (5) The permittee reporting evidence of having obtained such credits to the Department of Environmental Quality within 30 days of the deadlines specified in clause (2). This regulatory action amends the regulation to include these conditions. |
| 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 [8647] |
| Associated Mandates |
Bill: HB952 (2026)
|
| New Periodic Review | This action will not be used to conduct a new periodic review. |
| Stage ID | Stage Type | Status |
|---|---|---|
| 11219 | Final | Governor's office review in progress. |
| Name / Title: | Laura Galli |
| Address: |
1111 East Main Street, Suite 1400 P.O. Box 1105 Richmond, VA 23218 |
| Email Address: | laura.galli@deq.virginia.gov |
| Phone: | (804)573-5674 FAX: ()- TDD: ()- |