On Friday, October 9, 2026, the Virginia Department of Environmental Quality (DEQ) opened an informal comment period on a draft revision of Chapter 4 of the Department’s Enforcement Manual, which concerns civil charges and civil penalties. The draft revisions (redline version linked) include many changes regarding how DEQ staff calculate appropriate civil charges and penalties in administrative enforcement actions and specifically remove the discretionary 30% reduction for cooperation and quick settlement. Currently, businesses that work with DEQ to resolve a violation promptly may qualify for a reduced fine. The draft would eliminate that option.
Does this affect you?
This change applies only to businesses regulated by DEQ. You should pay attention if your business:
- Stores fuel or chemicals in underground or aboveground tanks (e.g., gas stations, convenience stores)
- Generates or handles hazardous waste (e.g., auto repair, body shops, dry cleaners, print shops)
- Holds an air, water, or wastewater permit (e.g., manufacturers, breweries, food producers)
- Disturbs land during construction (e.g., contractors, developers)
- Has received a notice of violation or entered a consent order with DEQ
If none of these apply, no action is needed.
How to share your input
The Virginia Retail Federation (VRF) is currently evaluating the potential impact on the Commonwealth’s regulatory climate and plans to submit comments to DEQ before the comment period closes on November 9, 2026. If you have specific concerns, ideas, or other issues to note regarding the draft revisions, please share them with VRF at info@virginiaretailfederation.com by Friday, October 30. Your input is greatly appreciated to inform VRF’s comments. You may also submit comments to DEQ directly by emailing Kristen.Sadtler@deq.virginia.gov. Please note that any comments received by DEQ are part of the public record.