Virginia Regulatory Town Hall
Department of Environmental Quality
State Water Control Board
Regulations Governing the Discharge of Sewage and Other Wastes from Boats [9 VAC 25 ‑ 71]
Action is Exempt from Article 2 of the Administrative Process Act
Amendment to add Two No Discharge Zone (NDZ) Designations
Action 5714
General Information
Action Summary The amendments to the state’s Regulations Governing the Discharge of Sewage and Other Wastes from Boats (9 VAC 25-71) include adding two new No Discharge Zone (NDZ) designations to the Virginia Administrative Code (9 VAC 25-71-70, Listing of designated no discharge zones in the Commonwealth of Virginia). The Administrative Process Act’s Subsection (A)(4)(c) of § 2.2-4006 allows the Board to adopt this regulatory amendment as a final exempt action as the changes are necessary to conform to changes in the federal regulations. The NDZs were developed in accordance with Clean Water Act Section 312 and § 62.1-44.33 of the Code of Virginia and will be included in Section 70 of 9 VAC 25-71 as a designated NDZ in Virginia. This regulatory action is a final exempt action under the Administrative Process Act (§2.2-4006.A.4.c) as it is necessary to amend the regulations to comport with EPA’s approval of the NDZs. The NDZ application was subject to public participation during its development, as described in the Board Memo and in the Substance section below. Specifically, DEQ convened a public meeting and sought public comment during the application development. EPA then sought public comment on its affirmative determination. Additionally, DEQ also sought comment on this regulatory action. Although it is not required for final exempt actions, a general notice was published in the Virginia Register (Vol. 37, Iss. 13, February 15, 2021) and sought comments on the amendments. The comment period was from February 16, 2021 to March 18, 2021. No comments were received. An NDZ creates the area in a waterbody where no discharge of sewage is permitted; vessels would instead use pumpout facilities (often located at marinas) or travel outside of the NDZ to discharge treated sewage.
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: Section 2.2-4006 A 4 c of the Code of Virginia
RIS Project Yes  [6759]
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
9252 Final Stage complete. This regulation became effective on 06/23/2021.
Contact Information
Name / Title: Justin L. Williams 
Address: 1111 East Main Street, Suite 1400
P.O. Box 1105
Richmond, VA 23218
Email Address:
Phone: (804)698-4185    FAX: (804)698-4178    TDD: ()-