The Board adopted the following regulatory changes in response to bills passed during the 2024 General Assembly Session: 

• Virginia Erosion and Stormwater Management Regulation (9VAC25-875). As required by HB656 and SB365, this amendment to 9VAC25-875 clarifies that a locality that is an erosion and sediment control program authority must approve an erosion and sediment control plan and obtain evidence of stormwater permit coverage (if required) before issuing its approval to commence land-disturbing activity.  
• Amendments to licensed wastewater operator requirements (9VAC25-31, 9VAC25-32, and 9VAC25-790). HB220 and these amendments allow DEQ to temporarily waive the requirement to have a licensed wastewater operator under certain conditions, such as an unexpected position vacancy, and also allow remote monitoring to temporarily meet operator class requirements if a sewage treatment facility is equipped with adequate technological capability. 
• Virginia Water Protection Permit Program Regulation (9VAC25-210) and Groundwater Withdrawal Regulations (9VAC25-610). As authorized in SB581, these amendments provide DEQ may use and incorporate comprehensive groundwater, surface water, and aquifer data in its surface water and groundwater permit decisions. 

The Board also adopted final exempt regulations that update all of its regulatory citations that cite laws and regulations that are being replaced by the Virginia Erosion and Stormwater Management Act and Virginia Erosion and Stormwater Management Regulation (9VAC25-875) which become effective July 1, 2024. These are necessary to conform to changes in state law; no agency discretion is involved. 

The Board adopted final exempt amendments as part of the process to restore and maintain water quality: 

• Water Quality Management Planning Regulation (9VAC25-720). Ten new Total Maximum Daily Load wasteload allocations were added to the James River Basin (9VAC25-720-60 A) and Rappahannock River Basin (9VAC25-720-70 A) as part of efforts to reduce sediment, phosphorus, and PCB pollution in these waterbodies. 

Fast-track regulatory actions are appropriate where the regulations are expected to be noncontroversial. The actions become effective 15 days after the conclusion of a 30-day public comment period (or on a later specified date), unless there is an objection to the use of the fast-track process, as allowed in Virginia’s Administrative Process Act. The Board approved three fast track, non-controversial regulatory actions: 

• Modification of Implementation Requirements for Chesapeake Bay Criteria (9VAC25-260-185) to allow for alternative methods to assess water quality data in the Chesapeake Bay and its tidal tributaries.  This will provide greater flexibility for criteria implementation and make additional datasets available for Chesapeake Bay water quality assessments.  
• Amendments to the Virginia Erosion and Stormwater Management Regulation (9VAC-25-875) to make technical corrections, improve clarity, and remove outdated requirements.  

• Amendments to the Virginia Erosion and Stormwater Management Regulation (9VAC-25-875) to update and incorporate new best management practices (BMPs) for water quality compliance and update the total phosphorus load of new development projects. The effective date for this action will be July 1, 2025, to allow a transition period from the existing BMPs and method for determining water quality compliance to new standards. 

The Board adopted final regulations to reissue the general permit for animal feeding operations: 

• Virginia Pollution Abatement Regulation and General Permit for Animal Feeding Operations and Animal Waste Management (9VAC25-192). The reissued permit will have a ten-year term beginning November 16, 2024. 

The Board also approved proceeding to public comment on: proposed regulations for site-specific selenium aquatic life criteria in stream tributaries of Knox Creek in Buchanan County (9VAC25-260); and an amendment to the Sewage Collection and Treatment Regulations (9VAC25-790) requiring treatment works to annually report how many septic systems are taken off-line and connected to sewerage systems. 

The Board received staff reports on a petition for rulemaking related to the definition of a nontidal wetland under the Chesapeake Bay Preservation Area Designation and Management Regulations, draft amendments to the Small Renewable Energy Projects (Solar) Permit by Rule, controversial permits, and the Mountain Valley Pipeline. The Board also elected Scott Cameron as vice chair.