At a glance: key environmental legislation in USA (Virginia)

Legislation

What are the main statutes and regulations relating to the environment in your state?

Virginia maintains a comprehensive legal architecture to protect its ecosystems, public health and water, air and land resources. State law works in tandem with federal statutes and is implemented through administrative boards and agencies.

Virginia’s environmental regime begins with enabling acts that create both policy direction and institutional authority:

• State Water Control Law grants the State Water Control Board authority to set water quality standards, issue permits, monitor discharges and enforce violations under Code of Virginia section 62.1-44.2 et seq..
• Air Pollution Control Act empowers the Air Pollution Control Board to promulgate regulations, set emission limits and enforce against polluters under Code of Virginia section 10.1-1300 et seq..
• Virginia Waste Management Act establishes regulatory authority over solid and hazardous waste, recycling and facility permitting under Code of Virginia section 10.1-1400 et seq..
• Virginia Erosion and Stormwater Management Act regulates land-disturbing activities and enforces sediment and stormwater controls under Code of Virginia section 62.1-44.15:24 et seq..
• Ground Water Management Act deals with withdrawals, protection of aquifers and permitting to safeguard groundwater resources under Code of Virginia section 62.1-254 et seq..

The high-level statutes are fleshed out by Virginia’s administrative code:

• Water Quality Standards (Chapter 260 of Virginia Administrative Code Title 9, Agency 25) set specific numeric and narrative criteria, designate uses of surface waters and regulate pollutant levels.
• Virginia Erosion and Stormwater Management Programme (VESMP) regulations (Chapter 875 of Virginia Administrative Code Title 9, Agency 25) require a permit for land-disturbing activity of at least one acre (or 2,500 sq ft in a Chesapeake Bay Preservation Area) among other provisions.
• Solid waste regulations (Chapter 81 of Virginia Administrative Code, Title 9, Agency 20) and hazardous waste regulations (Chapter 60 of Virginia Administrative Code, Title 9, Agency 20) govern disposal, treatment, storage, and manifest systems.
• Oil spill response and aboveground storage tank regulation (Chapter 91 of Virginia Administrative Code, Title 9, Agency 25) governs the handling, storage and spill response for petroleum products in aboveground storage tanks, while Chapter 580 of Virginia Administrative Code, Title 9, Agency 25 sets the technical standards and corrective action requirements for underground storage tanks.

Virginia law provides a range of administrative and judicial measures to secure compliance:

• The State Water Control Law authorises civil penalties of up to $32,500 per violation, not to exceed $100,000 per order under Code of Virginia section 62.1-44.15.
• Under the Virginia Waste Management Act, a person who violates hazardous-waste rules may face a civil penalty up to $32,500 for each day of violation as provided by the Code of Virginia section 10.1-1455(A).
• The Air Pollution Control Act permits the State Air Pollution Control Board to impose civil penalties of up to $32,500 for each violation, not to exceed $100,000 per order as provided by the Code of Virginia section 10.1-1309A(vi).
• Agencies may suspend or revoke permits and issue compliance or abatement orders under their enabling statutes.

For wilful or egregious breaches, Virginia law provides for prosecution and potential imprisonment:

• Knowingly violating any provision of the Air Pollution Control Act, Board regulation, or Department order, or any permit condition is a misdemeanour, punishable by a fine of not more than $10,000 for each violation under Code of Virginia section 10.1-1320. Each day of violation is a separate offense.
• A person who knowingly transports, treats, stores or disposes of hazardous waste in violation of the Virginia Waste Management Act shall be guilty of a felony punishable by imprisonment of up to five years and/or a fine of not more than $32,500 for each violation under Code of Virginia section 10.1-1455(B).
• Any person who wilfully or negligently violates the State Water Control Law shall be guilty of a misdemeanour punishable by confinement in jail for not more than 12 months and/or a fine of up to $32,500 under Code of Virginia section 62.1-44.32(b).
• Any person who wilfully or negligently violates any court order or who knowingly makes any false statement in any form required to be submitted under the State Water Control Law or knowingly renders inaccurate any monitoring device or method required to be maintained, shall be guilty of a felony punishable by a term of imprisonment of up to three years, or in the discretion of the court, confinement in jail for not more than 12 months and a fine of up to $50,000 for each violation under Code of Virginia section 62.1-44.32(b). Under the same subsection, organisations can be sentenced to pay a fine of not less than $10,000. Each day of violation of each requirement shall constitute a separate offense.
• Additionally, any person who knowingly violates any provision of the State Water Control Law, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily harm, shall, upon conviction, be guilty of a felony punishable by a term of imprisonment of up to 15 years and/or a fine of up to $250,000 under Code of Virginia section 62.1-44.32(c). Under the same subsection, organisations can be sentenced to pay a fine not exceeding the greater of $1 million or an amount that is three times the economic benefit realised by the defendant because of the offense. The maximum penalty shall be doubled with respect to both fine and imprisonment for any subsequent conviction of the same person under this subsection.

Virginia incorporates environmental justice and fair treatment principles into its law. Virginia Environmental Justice Act (Code of Virginia section 2.2-234 et seq.) mandates that state agencies develop policies to ensure fair treatment and meaningful involvement of all people regardless of race, income, or background in environmental decisions.

What are the main characteristics of the rules applicable to soil pollution?

Virginia doesn’t have any singular soil pollution act. Soil pollution is principally addressed within the state’s waste, water, petroleum storage and brownfield statutes and regulations. The rules borrow heavily from federal frameworks but tailored by state law.

Virginia law identifies several categories of persons who may be held responsible for soil contamination, depending on the context:

• Current owners or operators of facilities or property may be liable, especially where operations caused or contributed to contamination (Virginia Waste Management Act, Code of Virginia section 10.1-1400 et seq.). Under Code of Virginia section 10.1-1408.1, any person who owns or operates a solid waste management facility must obtain a permit and comply with operational standards. If contamination occurs due to improper handling or disposal of waste, the current owner/operator may be held liable. Under Code of Virginia section 10.1-1410, owners of facilities may be required to demonstrate financial responsibility for cleanup and closure of contaminated sites.
• Transporters or arrangers of disposal may bear liability, particularly under hazardous waste provisions. Third parties with contractual or statutory obligations, for instance, those who agree by permit to remediation, may be liable.
• Persons responsible for underground storage tanks or aboveground petroleum systems are liable for leaks into soil from tanks under Code of Virginia section 62.1-44.34:18.
• Successors-in-title or purchasers of contaminated property may be held liable for environmental cleanup unless they qualify for protections outlined in the Brownfield Restoration and Land Renewal Act (Code of Virginia section 10.1-1234). To avoid liability, such parties must demonstrate that they did not cause or contribute to the contamination, have no direct or indirect relationship with a responsible party, conducted ‘all appropriate inquiries’ into the property's condition prior to acquisition, and exercised due care to prevent further releases or exposure.
• Site-specific pollution liability may also arise under Virginia Pollution Abatement (VPA) Permit Regulation (section 780 of Chapter 32 of Virginia Administrative Code, Title 9, Agency 25) which requires financial assurance for cleanup and damages related to biosolids and land application.

Liability may be strict or joint and several depending on the statute and facts: if multiple parties contribute to contamination, responsibility may be apportioned or held entirely against one party depending on their share of contribution.

Virginia uses a combination of regulatory numeric thresholds, screening levels, and risk-based standards to evaluate and manage soil pollution, as codified in various state regulations and guidance documents administered by the Department of Environmental Quality (DEQ):

Risk-Based Corrective Action (RBCA) principles are central to Virginia’s cleanup programmes, including the Voluntary Remediation Program (VRP) and RCRA Corrective Action Program. These programmes use the Virginia Unified Risk Assessment Model (VURAM), which incorporates US Environmental Protection Agency’s Regional Screening Levels (RSLs) to determine acceptable contaminant concentrations based on human health and ecological risk assessments.

Virginia’s Underground Storage Tank (UST) regulations (section 280 of Chapter 580 of Virginia Administrative Code, Title 9, Agency 25) require corrective action plans for responding to contaminated soils and groundwater.

Hazardous waste site cleanups in Virginia require soil assessments against health-based screening levels and background concentrations. These regulations incorporate federal standards from Title 40 of the Code of Federal Regulations (CFR). Specifically, section 660 of Chapter 81 of Virginia Administrative Code, Title 9, Agency 20 outlines testing protocols for contaminated soil.

Background-based or uniform concentration limits are used to determine whether remediation is necessary. For example, Tier I remediation levels under section 90 of Chapter 160 of Virginia Administrative Code, Title 9, Agency 20, are based on uncontaminated media background levels, while Tier II and Tier III levels incorporate unrestricted use assumptions and site-specific risk modelling.

Virginia’s soil pollution cleanup rules can be retroactive, particularly when addressing historic contamination. The retroactive application depends on the regulatory programme and the nature of the contamination. Retroactive cleanup rules in Virginia include:

Voluntary remediation programme (Chapter 160 of Virginia Administrative Code, Title 9, Agency 20) allows cleanup of contamination regardless of when it occurred, including legacy pollution from past industrial or commercial activities. Remediation levels are based on current human health and ecological risk standards, not the date of release.

Resource Conservation and Recovery Act (RCRA) corrective action programme, administered jointly by Virginia DEQ and EPA, requires cleanup of hazardous waste releases from facilities regardless of when the release occurred. Virginia DEQ also collaborates with EPA on Superfund cleanups, and liability protections are only available if specific criteria are met.

What types of waste are regulated and how?

Virginia has developed a comprehensive state framework for managing waste to protect human health and the environment while supporting responsible reuse and recycling. This framework is anchored in the Virginia Waste Management Act and detailed regulations issued by the Department of Environmental Quality (DEQ).

The Virginia Waste Management Act provides the primary legal definitions. Under Code of Virginia section 10.1-1400, ‘solid waste’ means discarded material in solid, semi-solid or contained gaseous form, while ‘hazardous waste’ is defined as a solid waste which, because of its quantity, concentration or physical, chemical or infectious characteristics, may pose a substantial present or potential hazard to human health or the environment. Special categories of regulated waste include regulated medical waste under Chapter 121 of Virginia Administrative Code, Title 9, Agency 20, and coal combustion residuals (CCR), or coal ash, regulated under the Solid Waste Management Regulations (Chapter 81 of Virginia Administrative Code, Title 9, Agency 20).

Virginia law actively supports circular-economy principles. The Waste Management Act authorises advanced recycling, including the conversion of post-use polymers and recovered feedstocks into valuable products such as chemical feedstocks, fuels, and lubricants. Under Code of Virginia section 10.1-1402.02, the DEQ may approve the beneficial use of coal combustion by-products when environmental safeguards are met. The Solid Waste Management Regulations also provide a beneficial use demonstration process, allowing materials that would otherwise be treated as waste to be reused if they satisfy technical and environmental criteria under section 97 of Chapter 81 of Virginia Administrative Code, Title 9, Agency 20.

Virginia requires strict authorisation for waste-related activities. Under Code of Virginia section 10.1-1408.1, a DEQ permit is required for any solid waste management facility and open dumping is prohibited. For hazardous waste, Code of Virginia section 10.1-1426 obliges generators, transporters and treatment, storage or disposal facilities to obtain permits and to comply with manifesting, recordkeeping and technical standards.

Permits may be suspended, amended or revoked under Code of Virginia section 10.1-1409 and 10.1-1427. Operators must provide financial assurance to cover closure, post-closure and corrective action costs, governed by Code of Virginia section 10.1-1410.

The Solid Waste Management Regulations set detailed requirements for closure and post-closure care under section 160 and section 170, including standards for corrective action (section 260), groundwater monitoring (section 250) and leachate and gas control (section 210 and section 200).

Additionally, public participation in permit actions is mandated under section 70, which ensures community involvement in the permitting and enforcement processes. DEQ also runs a waste information programme requiring annual reporting under Code of Virginia section 10.1-1413.1.

What are the main features of the rules governing air emissions?

Virginia’s air-emissions regime is built on the Air Pollution Control Act (Code of Virginia Title 10.1, Chapter 13), implemented through the State Air Pollution Control Board and the Department of Environmental Quality (DEQ). The framework controls stationary sources of pollution like industrial plants, fuel burning units, mobile sources and ensures conformity with federal standards.

Below are the main features of Virginia’s air-emissions rules (under Chapter 80 of Virginia Administrative Code, Title 9, Agency 5):

• Permit requirement: Many stationary sources must obtain a Minor New Source Review (NSR) permit before construction or modification if their uncontrolled emissions exceed exemption thresholds as outlined in section 1105 C–F.
• Major source/Title V permits: Facilities with emissions exceeding major source thresholds must obtain a Title V operating permit under Article 1.
• General permits: The State Air Pollution Control Board may issue general permits for categories of similar sources under section 1030, provided they share operational characteristics and pollutant profiles. These permits streamline the process for qualifying facilities.
• Permit conditions, fees and review: Permits include enforceable conditions, such as monitoring, recordkeeping and reporting requirements, as detailed in section 110 and section 140. Facilities must pay application and annual emissions fees, with fee schedules published by DEQ. Public participation is required for significant permit actions under section 1170.

Virginia regulates criteria pollutants (PM, PM10, PM2.5, CO, NOx, SO2, VOC), toxics, opacity, visible emissions, odour and more. The regulations also set emission limits for specific units. Under the Emergency Generator General Permit (section 180 of Chapter 540 of Virginia Administrative Code, Title 9, Agency 5), manufacturers’ certified emissions must not exceed specified grams per kilowatt-hour for PM, PM10, PM2.5, CO, VOC, NOx, depending on generator size and age.

The state adopts ambient air quality standards under Chapter 30 of Virginia Administrative Code, Title 9, Agency 5 to protect public health. These standards set concentration ceilings above which areas are deemed in nonattainment and stricter controls apply.

In attainment areas, new major stationary sources and major modifications must comply with Prevention of Significant Deterioration (PSD) requirements under Article 8 of Chapter 80 of Virginia Administrative Code, Title 9, Agency 5. These include conducting an air quality analysis, evaluating additional impacts and installing Best Available Control Technology (BACT) for each regulated pollutant emitted. In nonattainment areas, major sources must meet offset requirements under section 2120 of the chapter. This regulation mandates that emission increases be offset by reductions from the same or other sources in the area.

Energy efficiency, building rules and audits:

Virginia enforces the Virginia Uniform Statewide Building Code (USBC), which incorporates energy conservation requirements from the 2021 International Energy Conservation Code (IECC) with state-specific amendments. These provisions are codified in section 264 of Chapter 63 of Virginia Administrative Code, Title 13, Agency 5, which outlines modifications to the IECC, including changes to building envelope standards, mechanical ventilation, lighting and insulation criteria. The USBC adopts the IECC by reference as part of its construction code, making it an enforceable component of Virginia’s building regulations.

The High Performance Buildings Act applies to executive-branch agencies constructing new buildings over 5,000 sq ft or renovations exceeding 50 % of value. Such buildings must meet certification standards and include metering for electricity, gas, water, and track carbon/energy metrics.

Virginia doesn’t have a general requirement mandating energy audits for all buildings or large combustion plants beyond the building code and high-performance obligations.

How are fresh water and seawater, and their associated land, protected?

Virginia protects fresh water, tidal waters and their associated land through a comprehensive state framework that combines public ownership of certain waterbeds with a detailed system of permits for withdrawals, discharges and development. These measures, which are administered chiefly by the Department of Environmental Quality (DEQ) and the Virginia Marine Resources Commission (VMRC), ensure that both fresh and coastal waters are managed as public resources and that uses are consistent with the public trust and environmental standards.

Code of Virginia section 28.2-1200 provides that the Commonwealth owns the ungranted beds of bays, rivers, creeks and the shores of the sea in trust for the public, with VMRC responsible for managing encroachments and uses of these state-owned bottomlands.

Code of Virginia section 28.2-1205 requires a VMRC permit for activities such as piers, dredging or utility crossings, and permits are issued subject to conditions and, in some cases, the payment of royalties. These provisions ensure that tidal waters and their beds remain under public control and that private use is regulated.

Fresh water resources are governed by the Virginia Water Protection (VWP) permit programme. Code of Virginia section 62.1-44.15:20 requires a VWP permit for activities that withdraw surface water or disturb wetlands, unless an express statutory exclusion applies.

Section 300 and 310 of Chapter 210 of Virginia Administrative Code, Title 9, Agency 25 set thresholds and exclusions for surface-water withdrawals and require permit conditions to protect ‘beneficial uses’. Code of Virginia Chapter 24, section 62.1-242 defines these beneficial uses to include instream needs such as fish and wildlife habitat, recreation, navigation and waste assimilation, alongside offstream needs such as public water supply, agriculture and industry, with domestic and existing uses given priority.

Groundwater is controlled under the Ground Water Management Act. Chapter 610 of Virginia Administrative Code, Title 9, Agency 25 requires a groundwater withdrawal permit within designated management areas. Section 110 and section 130 of the chapter direct DEQ to evaluate applications to prevent over-withdrawal and to impose uniform permit conditions.

Discharges to either fresh or tidal waters are tightly regulated. Section 50 of Chapter 31 of Virginia Administrative Code, Title 9, Agency 25 makes it unlawful to discharge pollutants to state waters without a Virginia Pollutant Discharge Elimination System (VPDES) permit. Under Chapter 31 and Chapter 151 of Virginia Administrative Code, Title 9, Agency 25, VPDES permits set technology-based and water-quality-based effluent limits, monitoring and reporting requirements. Where pollutants are managed without a surface-water discharge, such as land application of biosolids, a Virginia Pollution Abatement (VPA) permit is required under Chapter 32 of Virginia Administrative Code, Title 9, Agency 25.

Associated lands receive additional protection through land-use controls. Code of Virginia section 62.1-44.15:67 requires tidewater localities to protect ‘Chesapeake Bay Preservation Areas’ through local plans and ordinances to reduce non-point pollution. Code of Virginia section 28.2-1300 et seq. subjects tidal wetlands to state and local permitting to safeguard water quality and habitat.

What are the main features of the rules protecting natural spaces and landscapes?

Virginia protects natural spaces and landscapes through a network of statutes and regulations that designate special areas, create classes of protection and, where necessary, limit private rights to ensure the long-term conservation of ecological and scenic values. The Department of Conservation and Recreation (DCR), the Virginia Marine Resources Commission (VMRC) and local governments share responsibility for implementing these laws.

The Virginia Natural Area Preserves System, established under Code of Virginia section 10.1-214, as part of the Virginia Natural Area Preserves Act (Article 3, Chapter 2, Title 10.1), is designed to protect rare plant and animal species, significant natural communities and other natural heritage resources. Once dedicated under section 10.1-213, each preserve is managed to ensure the continued conservation of its ecological and scientific value.

The Virginia Outdoors Foundation (VOF) is established under Code of Virginia section 10.1-1800 et seq. and the authority to accept open-space easements is granted through the Open-Space Land Act, codified in section 10.1-1700 et seq.. These voluntary easements, donated or sold by private landowners, are designed to permanently restrict uses that would impair the property’s natural, scenic, agricultural, forestal, or historic values, while allowing the land to remain in private ownership. Once recorded, the easements are enforceable in perpetuity, meaning that all future owners are legally bound by the restrictions.

The State Parks System, governed by Code of Virginia section 10.1-200 et seq., authorises the DCR to acquire, protect and manage lands of scenic beauty, recreational utility, or historical interest for public use. Within state parks, development and resource use are limited to preserve the natural, cultural, and ecological integrity of the landscapes and habitats. The Department is also responsible for master planning and environmental safeguards, such as those outlined for False Cape State Park under section 10.1-205.

The Code of Virginia section 10.1-400 et seq. creates the Scenic Rivers Programme, under which the General Assembly can designate rivers or river segments as scenic. A designated scenic river receives additional review and protection from projects that might harm its natural character and state agencies must consider scenic values before permitting activities that could affect the designated section.

The Code of Virginia section 15.2-2200 et seq., authorises local governments to adopt comprehensive plans and zoning ordinances to guide land use and protect natural resources, scenic landscapes, and agricultural and forestal lands. Localities may establish conservation or agricultural districts and apply overlay zones to conserve sensitive areas while managing development.

The Code of Virginia section 62.1-44.15:67 requires Tidewater localities to designate Chesapeake Bay Preservation Areas, including resource protection areas along tidal waters and wetlands. These areas are subject to stringent land-use controls to protect water quality and coastal landscapes.

Private rights can be affected in several ways. Lands dedicated as natural area preserves or subject to open-space easements carry legally binding restrictions that run with the land, limiting development rights and certain uses even when the property changes hands. Scenic river designations and Chesapeake Bay Preservation Area ordinances impose regulatory constraints on riparian landowners, such as buffer requirements and limits on clearing or construction. Local conservation districts created through zoning may restrict subdivision or intensive development. These mechanisms balance private ownership with the public interest in conserving Virginia’s most valuable natural spaces and landscapes.

Are there any notable environmental reporting requirements?

Virginia has a robust framework of environmental reporting requirements designed to ensure transparency, accountability, and compliance with both state and federal environmental laws. These obligations span across air, water, and land protection domains and are administered primarily by the Virginia Department of Environmental Quality (DEQ).

One of the cornerstone reporting mechanisms in Virginia is the Environmental Impact Report Procedure under section 10.1-1188. This regulation mandates that state agencies prepare detailed Environmental Impact Reports (EIRs) for proposed projects that may significantly affect the environment. These reports must assess potential impacts on air and water quality, wildlife habitats, and natural resources, and are subject to review by DEQ and other relevant agencies.

Major stationary sources, especially those located in ozone nonattainment areas, must submit annual emissions inventories detailing actual releases of nitrogen oxides (NOx) and volatile organic compounds (VOCs). These pollutants are key contributors to ground-level ozone formation. This requirement is mandated under the federal Clean Air Act (CAA) and implemented through Virginia’s State Implementation Plan (SIP).

Facilities operating under Title V air permits are required to submit annual compliance certifications, verifying adherence to permit conditions and semi-annual monitoring reports (under section 110 of Chapter 80 of Virginia Administrative Code, Title 9, Agency 5), detailing emissions and operational data.

Entities discharging into state waters must comply with the Virginia Pollutant Discharge Elimination System (VPDES). This includes submitting Discharge Monitoring Reports (DMRs) electronically via the myDEQ portal, as mandated by section 1000 of Chapter 31 of Virginia Administrative Code, Title 9, Agency 25.

Under the Emergency Planning and Community Right-to-Know Act (EPCRA), facilities must submit Tier II chemical inventory reports annually by 1 March, detailing hazardous substances stored on-site. Facilities meeting certain thresholds must also file Toxic Release Inventory (TRI) reports under Section 313 of EPCRA, coordinated at the state level.

Large Quantity Generators (LQGs) and Treatment, Storage, and Disposal Facilities (TSDFs) must submit Hazardous Waste Biennial Reports, detailing the nature and volume of hazardous waste generated and managed.

Facilities that meet thresholds under the Mandatory Reporting Rule (MRR) must report greenhouse gas emissions annually to the EPA, as required by 40 CFR Part 98. This includes direct emissions and for suppliers, emissions from products sold.

These reporting mechanisms are not only regulatory obligations but also serve as tools for environmental stewardship. They enable the Commonwealth to monitor compliance, identify trends, and take corrective actions when necessary.