Virginia Regulatory Town Hall
Department of Environmental Quality
State Water Control Board
Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation [9 VAC 25 ‑ 31]
Action is Exempt from Article 2 of the Administrative Process Act
Concentrated Animal Feeding Operations Final Exempt
Action 4094
General Information
Action Summary The VPDES permit regulation governs the authorization to manage pollutants from various sources, including concentrated animal feeding operations (CAFO). The State Water Control Board has the authority to administer the federal National Pollutant Discharge Elimination System (NPDES) program within the Commonwealth, and as such, the program is called the Virginia Pollutant Discharge Elimination System (VPDES). Operations that meet the federal definition of CAFO found in 40 CFR 122.23(b) must seek coverage under a NPDES permit if the operation discharges or proposes to discharge. Concentrated Animal Feeding Operations currently covered under these regulations are required to be covered under the VPDES permit regulation (9VAC25-31) or VPDES general permit regulation (9VAC25-191) if they discharge or propose to discharge. The existing Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation (9VAC25-31) has been amended, where applicable, to reflect changes to 40 CFR 122.23 published in the Federal Register in 77 FR 44494, dated July 30, 2012. This amendment removes the requirement to apply for and obtain a VPDES permit if the CAFO "proposes to discharge," clarifies the responsibility to apply for and get a permit prior to discharging, and removes separate permit deadlines and permit coverage requirements applicable to CAFO operations.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: 2.2-4006 A 4 c of the Code of Virginia
RIS Project Yes  [003869]
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
6785 Final Stage complete. This regulation became effective on 11/20/2013.
Contact Information
Name / Title: Gary E. Graham 
Address: 629 East Main Street
P.O. Box 1105
Richmond, VA 23218
Email Address:
Phone: (804)698-4103    FAX: (804)698-4510    TDD: (804)698-4021