Update on the Virginia Department of Environmental Quality’s Proposed Amendments to the Erosion and Stormwater Management Regulation
This notice provides an update to our October 14, 2024, notice to industry on the Virginia Department of Environmental Quality’s (DEQ’s) two amendments to the Erosion and Stormwater Management (VESM) Regulation [9VAC25-875], which is the regulation governing the county’s Erosion and Stormwater Management Ordinance (Ch. 124.1).
The first set of amendments was published in the Virginia Register of Regulations on October 7, 2024. The original amendment is described by DEQ as correcting technical errors that will improve clarity and certainty by making the VESM Regulation internally consistent, removing outdated requirements, and accurately reflecting requirements in the State Water Control Law. When it is republished, we expect there will be changes to the original proposed amendment. The original amendment and the comments can be viewed on the Virginia Regulatory Town Hall at: https://www.townhall.virginia.gov/L/ViewStage.cfm?stageid=10407.
The second set of amendments is scheduled to be published in the Virginia Register of Regulations on December 30, 2024, for a 30-day comment period. The amendments are described by DEQ as amending the VESM Regulation to update sections and requirements that are out of date and burdensome to the regulated community because they do not reflect current practices, technology, or data about land use and nutrient loading. The proposed amendments impact the design of development plans by reducing the allowable phosphorus load from new development to 0.26 pounds/acre/year from the current 0.41 pounds/acre/year, require use of the new Virginia Runoff Reduction Method (VRRM) Version 4.1 spreadsheet to compute the phosphorus load, and require use of updated nonproprietary Best Management Practices (BMP) design standards contained in the Virginia Stormwater Management Handbook. The proposed effective date is July 1, 2025.
You may comment on the amendments in a Town Hall comment forum as soon as they are published in the Virginia Register of Regulations. If you sign up for the Town Hall email notification service, you will be notified when the comment forum opens.
If you have any questions, please contact John Friedman, P.E. with the Site Code Research and Development Branch at John.Friedman@fairfaxcounty.gov or 703-324-1773, TTY 711.
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