Agencies | Governor
Virginia Regulatory Town Hall
Department of Environmental Quality
State Water Control Board
Certification of Nonpoint Source Nutrient Credits (formerly 4VAC50-80) [9 VAC 25 ‑ 900]
This action is exempt from the executive branch review process.
Submittal of Section 91 of 9VAC25-900 for Publication
General Information
Action Summary The Certification of Nonpoint Source Nutrient Credits regulation (9VAC25-900) establishes the process for the certification of nonpoint source nitrogen and phosphorus nutrient credits and assures the generation of those credits. The final regulation, including Section 91 of 9VAC25-900, was adopted by the State Water Control Board on December 13, 2019. As part of its approval to adopt 9VAC25-900, the Board deferred submittal of 9VAC25-900-91 to the Virginia Register of Regulations for final publication until such time as (i) the Department receives approval of 9VAC25-900-91 pursuant to Executive Order No. 14 (2018) and (ii) the earlier of the date the guidance is submitted to the Register for publication pursuant to ยง2.2-4002.1, or September 1, 2020. The deferral was to provide time for the Department to seek input from stakeholders regarding the development of guidance on how to implement the requirements of Section 91 of 9VAC25-900. 9VAC25-900, including Section 91, received approval pursuant to Executive Order No. 14 (2018) on May 26, 2020 as part of Action 3760 on the Virginia Regulatory Town Hall. Section 91 of 9VAC25-900-91 is being submitted to the Register for final publication in accordance with the Board's action. [NOTE: For the history of and documentation for this section, please see Action 3760 on the Virginia Regulatory Town Hall website and/or publications in The Virginia Register of Regulations: Final in Volume 36, Issue 23 on July 6, 2020; Revised Proposal in Volume 35, Issue 17 on April 15, 2019; Proposal in Volume 31, Issue 9 on December 29, 2014; and NOIRA in Volume 29, Issue 1 on September 10, 2012.]
Chapters Affected Only affects this chapter.
Exempt from APA Yes, this action is exempt from Article 2 of the Administrative Process Act.
Exempt Citation: Section 91 of 9VAC25-900 was approved pursuant to Executive Order No. 14 (2018) on May 26, 2020 as part of Action 3760 (
RIS Project Yes  [006495]
Is Federal action a driving factor in this regulatory change? If so, please provide a specific reference to the law, regulation or court case.
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
9061 Final Stage complete. This regulation became effective on 01/01/2021.
Contact Information
Name / Title: Debra A. Harris  / Planning & Policy Specialist
Address: Department of Environmental Quality
P.O. Box 1105
Richmond, VA 23218
Email Address:
Phone: (804)698-4209    FAX: ()-    TDD: ()-