REGULATIONS
Vol. 38 Iss. 11 - January 17, 2022

TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Chapter 260
Proposed

Title of Regulation: 9VAC25-260. Water Quality Standards (amending 9VAC25-260-50, 9VAC25-260-140, 9VAC25-260-185, 9VAC25-260-187, 9VAC25-260-310, 9VAC25-260-390, 9VAC25-260-400, 9VAC25-260-410, 9VAC25-260-420, 9VAC25-260-440, 9VAC25-260-470, 9VAC25-260-500).

Statutory Authority: § 62.1-44.15 of the Code of Virginia; Clean Water Act (33 USC § 1251 et seq.); 40 CFR Part 131.

Public Hearing Information:

February 22, 2022 - noon - Bank of America, 3rd Floor Conference Room, 1111 East Main Street, Richmond, VA

Public Comment Deadline: March 18, 2022.

Agency Contact: David Whitehurst, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4121, or email david.whitehurst@deq.virginia.gov.

Basis: The federal Clean Water Act authorizes restoration and maintenance of the chemical, physical, and biological integrity of the nation's waters. Section 303(c)(1) of the Clean Water Act requires that the states hold public hearings for the purpose of reviewing applicable water quality standards, and, as appropriate, modifying and adopting standards. Federal regulations at 40 CFR 131 authorize requirements and procedures for developing, reviewing, revising, and approving water quality standards by the states as authorized by § 303(c) of the Clean Water Act. 40 CFR 131 specifically requires the states to adopt criteria to protect designated uses.

The State Water Control Law (§ 62.1-44.2 et seq. of the Code of Virginia) authorizes protection and restoration of the quality of state waters, safeguarding the clean waters from pollution, prevention and reduction of pollution, and promotion of water conservation. Section 62.1-44.15 (3a) of the State Water Control Law requires the State Water Control Board to establish standards of quality and to modify, amend, or cancel any such standards or policies. It also requires the board to hold public hearings from time to time for the purpose of reviewing the water quality standards, and, as appropriate, adopting, modifying, or canceling such standards.

The amendments being considered are modifications of criteria that will protect designated uses and criteria and designated uses are requirements of the Water Quality Standards. The authority to adopt standards as provided by the provisions is mandated, although the specific standards to be adopted or modified are discretionary to the U.S. Environmental Protection Agency (EPA) and the state.

Purpose: The rulemaking is essential to the protection of health, safety, or welfare of the citizens of the Commonwealth because proper water quality standards protect water quality and living resources of Virginia's waters for the designated uses of aquatic life, wildlife, recreation, public water supply, shellfish consumption, and fish consumption. The intent of this rulemaking is to protect designated and beneficial uses of state waters by adopting a regulation that is technically correct, necessary, and reasonable.

Substance: This rulemaking will modify, add, or delete any section, criteria, use designation, standard, and policy to conform to EPA guidance, clarify state intent, implement state programs (e.g., permitting, monitoring, and assessments), and improve water quality or protect beneficial uses. The proposed amendments to the Water Quality Standards are as follows:

In 9VAC25-260-50

Add missing **** (quadruple asterisk) to pH column to clarify that pH criteria apply only to the epilimnion of a lake or reservoir when thermally stratified.

9VAC25-260-140

Add freshwater aluminum criteria for the protection of aquatic life according to the 2018 EPA nationally recommended criteria.

Correct identified errors:

(i) Ammonia CAS number is formatted with dashes, all other CAS numbers do not have dashes

(ii) Ammonia CAS number is incorrect 766414; should be 7664417

(iii) Correct name for Bis2-Chloroisopropyl Ether (2,2'-Oxybis(1-Chloropropane)

(iv) Chlordane CAS number 57749 is for mixed isomers; EPA Regional Screening Level (RSL) uses 12789036 for Chlordane, this is not wrong but inconsistent

(v) Nickel CAS number is incorrect 744002; should be 7440020

(vi) Include CAS number for Uranium (7440611)

(vii) Tributyltin CAS number is incorrect 60105 (no such CAS number); EPA RSL uses E1790678

Delete Bis (chloromethyl) Ether.

Copper Biotic Ligand Model (BLM) Language - Edit language in Table 140.B to state where the board has determined that a sufficient dataset of model input parameters is available, the BLM shall be used to determine copper criteria and that the hardness-based criteria will be used when sufficient input parameters are not available. Language in subsection G is amended similarly.

Update 20 human health criteria for the following 10 parameters to reflect updated exposure factors recommended by EPA in 2011: antimony, 2,3,7,8-tetrachlorodibenzo-p-dioxin, nickel, n-nitrosodimethylamine, n-nitrosodiphenylamine, n-nitrosodi-n-propylamine, total PCBs, selenium, thallium, and zinc A

Add language to footnotes 3 and 4 stating that human health criteria are based on the assumption of an average amount of exposure on a long-term basis.

9VAC25-260-185 B

Submerged Aquatic Vegetation (SAV) and Water Clarity acreages for five Chesapeake Bay segments are increased to match most recent Chesapeake Bay Program recommendations.

9VAC25-260-187

DEQ staff recommend application of lake nutrient criteria to a relatively recently constructed water supply reservoir in the Rappahannock River basin (Lake Mooney).

9VAC25-260-310

Delete special standard y (ammonia criteria for freshwater tidal tributaries of the Potomac River) as it is superseded by freshwater ammonia criteria that became effective in 2020.

Add special standard ii, which is a benthic chlorophyll-a threshold that protects the recreational use from persistent, nuisance filamentous algae in certain main-stem sections of the North Fork Shenandoah River, South Fork Shenandoah River, and Shenandoah River.

9VAC25-260-360 through 9VAC25-260-540

Add, modify, or delete trout waters as appropriate.

Add, modify, or delete public water supplies designations as appropriate.

Adjust temperature criteria or application of temperature criteria to waters stocked with trout by the Department of Wildlife Resources in the winter with the intent of supplying the public with seasonal trout fishing opportunities only in the winter but not in the summer.

Add or correct Class designations as appropriate.

Corrections to section descriptions in river basin tables for clarity or accuracy.

Issues: The primary advantage to the public of the regulatory action is that the updated numerical toxics criteria are based on better scientific information to protect aquatic life and human health. The disadvantage is that criteria that become more stringent may result in increased costs to the regulated community. However, the goal is to set realistic, protective goals in water quality management and to maintain the most scientifically defensible criteria in the Water Quality Standards regulation. EPA has also provided guidance that these criteria are "approvable" under the Clean Water Act.

The advantage to the agency or the Commonwealth that will result from the adoption of these amendments will be more accurate and scientifically defensible permit limits, assessments, and clean-up plans. The regulated community may find that the amendments pertinent to their operations may require additional capital or operating costs for control in their discharge, particularly where the numerical criteria are more stringent.

There is no disadvantage to the agency or the Commonwealth that will result from the adoption of these amendments.

Department of Planning and Budget's Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia (Code) and Executive Order 14 (as amended, July 16, 2018). The analysis presented represents DPB's best estimate of these economic impacts.1

Summary of the Proposed Amendments to Regulation. The State Water Control Board (Board) proposes to amend 9VAC25-260 Water Quality Standards (regulation) to update numerical and narrative criteria, use designations, and other policies based on current scientific information. The proposed changes include: (i) adding freshwater aluminum criteria, (ii) requiring the use of the Copper Biotic Ligand Model, (iii) updating 20 human health criteria for 10 parameters of water quality, (iv) increasing the acreage for Submerged Aquatic Vegetation and Water Clarity for five Chesapeake Bay segments, (v) applying lake nutrient criteria to Lake Mooney, (vi) adding a special standard that would limit the quantity of the filamentous algae in certain sections of the Shenandoah river, and (vii) modifying trout waters designation and public water supply designation, and adjusting temperature criteria for waters stocked with trout by the Virginia Department of Wildlife Resources in the winter.

Background. The proposed amendments were developed as part of a triennial review of the regulation, which is mandated by federal regulation and state law. The Clean Water Act (CWA) establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters.2 The federal regulations at 40 CFR 131 authorize requirements and procedures for developing, reviewing, revising and approving water quality standards by the states as authorized by section 303(c) of the CWA.3 40 CFR 131.20 specifies that states shall hold public hearings at least once every three years for the purpose of reviewing the state's water quality standards, and adopting, modifying or canceling such standards, as appropriate.

The State Water Control Law (Code of Virginia, § 62.1-44.2 et seq.) is intended to protect and restore the quality of state waters, safeguard clean waters from pollution, prevent and reduce pollution, and promote water conservation.4 Specifically, § 62.1-44.15(3a) requires the Board to establish standards of quality, and also modify, amend or cancel any such standards or policies; that section mirrors 40 CFR 131 in requiring that the Board conduct a triennial review of water quality standards, including holding public hearings.

The water quality standards contained in this regulation are used in setting Virginia Pollutant Discharge Elimination System (VPDES) permit limits and for evaluating the waters of the Commonwealth so that "impaired waters" can be addressed as per the Clean Water Act and Code of Virginia § 62.1-44.19:7.5 In keeping with the legal mandate, the Board convened a Regulatory Advisory Panel with representatives from various stakeholders to review the current standards and proposed changes.6 The proposed changes reflect a combination of updated scientific data, newer standards adopted by the U.S. Environmental Protection Agency, information on current conditions as obtained by the Department of Environmental Quality (DEQ), and input from members of the advisory panel.7 The most significant proposed changes are summarized below.

I. In 9VAC25-260-140, numerical water quality criteria (upper limits) for parameters (various chemicals) that are measured to assess toxicity would be changed as follows:

(i) Add freshwater aluminum criteria for the protection of aquatic life according to the 2018 EPA nationally recommended criteria.8 Aluminum is currently not included among the parameters used to assess water toxicity.

(ii) Require that the freshwater criteria for copper be calculated using the EPA 2007 Biotic Ligand Model (BLM) in sites where the Board has determined that a sufficient dataset of input parameters is available. The BLM is currently offered as an alternative to sites that have sufficient data; the proposed change would effectively require those sites to use the BLM. Places where the Board has determined that a sufficient dataset is not available will be allowed to continue using the current method of calculating the criteria.9 A change from the current hardness-based criteria (and, therefore permit limits) to the BLM-based criteria would not always result in more stringent criteria (and permit limits). Less stringent criteria could result from using the BLM depending on the site-specific water chemistry of the receiving waterbody.

(iii) Update criteria for toxicity with respect to human health for the following 10 parameters to reflect updated exposure factors recommended by EPA in 2011: antimony, 2,3,7,8-tetrachlorodibenzo-p-dioxin, nickel, n-nitrosodimethylamine, n-nitrosodiphenylamine, n-nitrosodi-n-propylamine, total PCBs, selenium, thallium, and zinc. The current criteria are based on outdated exposure factors; the new criteria are derived using the latest exposure factors.10

Lastly, the Board proposes to make a number of smaller changes such as correcting identification numbers for some chemicals and removing Bis (chloromethyl) Ether since it naturally degrades rapidly in water.

II. Submerged Aquatic Vegetation (SAV) and Water Clarity acreages for five Chesapeake Bay segments would be increased to match the most recent recommendations from the Chesapeake Bay Program (9VAC25-260-185 B). The current criteria are based on outdated water quality models, and the proposed increases would make the rationale for these segments consistent with other parts of the Bay. The criteria are used to determine shallow water SAV use as a designated use, and as such increasing the acreage increases the area that can be protected for such use from the impacts of nutrients and suspended sediments.

III. Lake Mooney, which was recently constructed as a water supply reservoir in Stafford County, would be added to the list of man-made lakes and reservoirs in the state that are subject to nutrient criteria in order to protect aquatic life and recreational designated uses (9VAC25-260-187). DEQ staff proposed this since Lake Mooney is proposed to be designated as a public water source.

IV. The Board proposes to add a benthic chlorophyll-a threshold as a special standard (9VAC25-260-310) to protect recreational use from persistent, nuisance filamentous algae in certain main-stem sections of the North Fork Shenandoah River, South Fork Shenandoah River, and Shenandoah River.11 Specifically, the proposed language states, "In the wadeable portions of the mainstem sections of the Shenandoah River, North Fork Shenandoah River, and South Fork Shenandoah River listed below, a determination of persistent nuisance filamentous algae impeding the recreation use should be made when exceedances of the specified benthic chlorophyll-a concentration thresholds occur in more than one recreation season (May 1 to October 31) in three years. "Wadeable" constitutes a stream that can be crossed and sampled safely during a given sampling event occurring within the recreation season." A determination of persistent nuisance filamentous algae could lead to the water being designated as "impaired," which would then require further interventions from DEQ to address the causes and mitigate the algal blooms by implementing total maximum daily loads (TMDL).

The Board proposes to remove special standard "y" pertaining to ammonia criteria for freshwater tidal tributaries of the Potomac River as it is superseded by freshwater ammonia criteria that became effective in 2020.

V. The Board also proposes to update the designations for various sections of river basins, either to change trout waters or public water supply designations or to add or correct class designations, as well as to make the location descriptions more precise (9VAC25-260-360 through 9VAC25-260--540.) For some class III waters that are stocked with trout during the winter by the Department of Wildlife Resources, the proposed changes would add temperature criteria to ensure the water is not allowed to get too warm for the trout. In general, these changes would serve to ensure that the regulation is accurate and that the appropriate criteria are applied to assess water bodies based on the correct classification.

Estimated Benefits and Costs. The proposed amendments broadly benefit the public by ensuring that the numerical toxics criteria that protect aquatic life and human health are updated based on better scientific information. The accurate classification of water bodies would further ensure that public water sources for household consumption and water bodies used purely for recreational purposes are correctly assessed and protected for such use. DEQ and the Commonwealth would benefit from more accurate and scientifically defensible permit limits, assessments, and clean-up plans (TMDLs) in case of legal proceedings brought either by the regulated community or by conservation groups.

However, criteria that become more stringent may result in increased costs to the regulated community. Since these criteria are used to grant permits under VPDES, current permit holders as well as regulants who are assessed for a new permit may face more stringent effluent limits or be subject to monitoring requirements, or may face higher indirect costs by having to process or filter their effluents to meet the new criteria. As mentioned previously, adopting the copper BLM-based criteria may lead to less stringent criteria and permit limits depending on the site-specific water chemistry; thus some current and future VPDES permit holders with copper limits may benefit from this change.

Businesses and Other Entities Affected. All VPDES permit holders with pollutants in their discharge that are being updated with the proposed amendments may be impacted by the proposed changes. Data shared by DEQ show that there are currently 816 VPDES individual permit holders with effluent limits. With regard to the copper BLM, there are 146 VPDES permittees in the Commonwealth that currently have copper effluent limits or copper monitoring requirements in their discharge permit. Of these 146 facilities, 135 discharge to freshwater and may be directly affected by the modified language for the copper BLM. Municipally owned wastewater treatment plants comprise 38% of these permittees, while industrial facilities make up a majority of the rest.12 There are other permittees that currently do not have copper limits but may be required to have them when their permits are renewed due to the proposed changes.

Similarly, 161 permittees may be affected by the proposed changes to the human health criteria. These permittees currently have either a permit limit derived from at least one of the existing criteria or monitoring requirements. Municipally-owned wastewater treatment plants comprise 34% of these permittees, while industrial facilities make up a majority of the rest. There are other permittees that currently do not have permit limits derived from these criteria, but they may be required to have them when their permits are renewed if the proposed amendments become effective.

Permittees that have aluminum in their effluent and that discharge into freshwater may be affected by the addition of the aluminum criteria. The number of potentially affected permittees is unknown since aluminum would be added as a new parameter.

The proposal to add a benthic chlorophyll-a threshold as a special standard for wadeable portions of the mainstem sections of the Shenandoah River, North Fork Shenandoah River, and South Fork Shenandoah River could result in new costs to the state or to regulants if impairments are identified in the future that necessitate clean-up plans. Due to the geographic nature of the intervention, entities located in the localities that encompass these river section are likely to bear a disproportionate material impact: Augusta, Clark, Lee, Page, Rockingham, Shenandoah and Warren Counties, and the Towns of Luray and Shenandoah.

The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.13 An adverse impact is indicated if there is any increase in net cost or reduction in net revenue for any entity, even if the benefits exceed the costs for all entities combined. As noted, the more stringent criteria would lead to higher direct or indirect costs to VPDES permit applicants who would be subject to effluent limits or monitoring criteria. Thus, an adverse impact is indicated.

Small Businesses14 Affected.15 The proposed amendments do not appear to adversely affect small businesses. The proposed amendments affect private businesses that have VPDES individual permits. Based on a list of permit holders provided by DEQ, private businesses with individual permits with effluent limits for copper or any of the parameters that have human health criteria are all large corporations in the energy, chemicals, steel, railway, shipbuilding, agricultural processing, paper milling, and heavy machinery sectors.16 Thus, an adverse economic impact is not being indicated for small businesses.17

Localities18 Affected.19 Some localities that operate wastewater treatment plants may be affected by the proposed changes to the criteria for copper, aluminum, or the 10 parameters with human health criteria. Consequently, an adverse economic impact20 on these localities is indicated because they may face higher costs to monitor or mitigate the pollutant content in the treatment plants' effluent due to the more stringent numeric criteria. However, which localities will be affected by these changes is as yet unknown.

Due to the location-specific nature of adopting a benthic chlorophyll-a threshold as a special standard, entities in the localities that encompass wadeable portions of the mainstem sections of the Shenandoah River, North Fork Shenandoah River, and South Fork Shenandoah River are likely to bear a disproportionate material impact: Augusta, Clark, Lee, Page, Rockingham, Shenandoah and Warren Counties, and the Towns of Luray and Shenandoah. Consequently, an adverse economic impact21 on these counties and towns is indicated because entities in those localities, including municipal wastewater treatment facilities and industrial facilities, may be subject to TMDLs if these sections of the river are found to be impaired.

Lastly, Stafford County, which contains Lake Mooney, would also be affected by the proposed amendments, but only in the sense that it would contain a water body that is assessed for nutrient content.

Projected Impact on Employment. The proposed amendments do not appear to affect total employment. It is unlikely that the proposed amendments would affect employment in wastewater treatment or water quality management.

Effects on the Use and Value of Private Property. As discussed, the proposed changes in numerical criteria may increase costs for some private businesses. Consequently, the value of these firms may be modestly reduced. The proposed amendments do not affect real estate development costs.

_____________________________________

1Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

2See https://www.epa.gov/laws-regulations/summary-clean-water-act for the history of the Clean Water Act

3See https://www.law.cornell.edu/cfr/text/40/part-131.

4See https://law.lis.virginia.gov/vacode/title62.1/chapter3.1/.

5See https://www.epa.gov/tmdl/statute-and-regulations-addressing-impaired-waters-and-tmdls for information on the requirements under the Clean Water Act and https://law.lis.virginia.gov/vacode/title62.1/chapter3.1/section62.1-44.19:7 for the requirements in Virginia statute.

6See https://townhall.virginia.gov/L/GetFile.cfm?File=Meeting\103\32600\Minutes_DEQ_32600_v1.pdf and https://townhall.virginia.gov/L/GetFile.cfm?File=Meeting\103\32678\Minutes_DEQ_32678_v1.pdf for minutes from the Regulatory Advisory Panel's two meetings, held in June 2021.

7The Board also received a number of public comments, reported on pages 16-23 of the Agency Background Document. See https://townhall.virginia.gov/l/GetFile.cfm?File=103\5637\9438\AgencyStatement_DEQ_9438_v1.pdf.

8See https://www.epa.gov/wqc/2018-final-aquatic-life-criteria-aluminum-freshwater.

9See https://www.epa.gov/wqs-tech/copper-biotic-ligand-model.

10"Exposure factors" are benchmark values for variables like drinking water consumption, consumption of fish, etc. that are used to conduct risk assessments for human exposure to potentially toxic chemicals in the environment. See https://cfpub.epa.gov/ncea/risk/recordisplay.cfm?deid=236252.

11This does not include Harmful Algal Blooms, which are monitored by the Virginia Department of Health. See https://www.vdh.virginia.gov/waterborne-hazards-control/algal-bloom-surveillance-map/.

12Other individual permit holders that are not private businesses include the Department of Corrections, the Virginia Department of Transportation, and the U.S. Army, Navy and Marine Corps.

13Pursuant to Code § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

14Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

15If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to Code § 2.2-4007.1, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

16Data source: DEQ

17Adverse impact is indicated if there is any increase in net cost or reduction in net revenue for any entity, even if the benefits exceed the costs for all entities combined.

18"Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

19§ 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

20Adverse impact is indicated if there is any increase in net cost or reduction in net revenue for any entity, even if the benefits exceed the costs for all entities combined.

21Adverse impact is indicated if there is any increase in net cost or reduction in net revenue for any entity, even if the benefits exceed the costs for all entities combined.

Agency's Response to Economic Impact Analysis: The department has reviewed the economic impact analysis prepared by the Department of Planning and Budget and has no comment.

Summary:

The proposed amendments update numerical and narrative criteria, use designations, and other policies based on current scientific information. The proposed changes include: (i) adding freshwater aluminum criteria, (ii) requiring the use of the Copper Biotic Ligand Model, (iii) updating 20 human health criteria for 10 parameters of water quality, (iv) increasing the acreage for Submerged Aquatic Vegetation and Water Clarity for five Chesapeake Bay segments, (v) applying lake nutrient criteria to Lake Mooney, (vi) adding a special standard that would limit the quantity of the filamentous algae in certain sections of the Shenandoah River, and (vii) modifying trout waters designation and public water supply designation and adjusting temperature criteria for waters stocked with trout by the Virginia Department of Wildlife Resources in the winter.

9VAC25-260-50. Numerical criteria for dissolved oxygen, pH, and maximum temperature***.

CLASS

DESCRIPTION OF WATERS

DISSOLVED OXYGEN (mg/l)****

pH****

Max. Temp.
(°C)

Min.

Daily Avg.

I

Open Ocean

5.0

--

6.0-9.0

--

II

Tidal Waters in the Chowan Basin and the Atlantic Ocean Basin

4.0

5.0

6.0-9.0

--

II

Tidal Waters in the Chesapeake Bay and its tidal tributaries

see 9VAC25-260-185

6.0-9.0

III

Nontidal Waters (Coastal and Piedmont Zones)

4.0

5.0

6.0-9.0

32

IV

Mountainous Zones Waters

4.0

5.0

6.0-9.0

31

V

Stockable Trout Waters

5.0

6.0

6.0-9.0

21

VI

Natural Trout Waters

6.0

7.0

6.0-9.0

20

VII

Swamp Waters

*

*

3.7-8.0*

**

*This classification recognizes that the natural quality of these waters may fluctuate outside of the values for D.O. and pH set forth above as water quality criteria in Class I through VI waters. The natural quality of these waters is the water quality found or expected in the absence of human-induced pollution. Water quality standards will not be considered violated when conditions are determined by the board to be natural and not due to human-induced sources. The board may develop site specific criteria for Class VII waters that reflect the natural quality of the waterbody when the evidence is sufficient to demonstrate that the site specific criteria rather than narrative criterion will fully protect aquatic life uses. Virginia Pollutant Discharge Elimination System limitations in Class VII waters shall not cause significant changes to the naturally occurring dissolved oxygen and pH fluctuations in these waters.

**Maximum temperature will be the same as that for Classes I through VI waters as appropriate.

***The water quality criteria in this section do not apply below the lowest flow averaged (arithmetic mean) over a period of seven consecutive days that can be statistically expected to occur once every 10 climatic years (a climatic year begins April 1 and ends March 31). See 9VAC25-260-310 and 9VAC25-260-380 through 9VAC25-260-540 for site specific adjustments to these criteria.

****For a thermally stratified man-made lake or reservoir in Class III, IV, V, or VI waters that are listed in 9VAC25-260-187, these dissolved oxygen and pH criteria apply only to the epilimnion of the waterbody. When these waters are not stratified, the dissolved oxygen and pH criteria apply throughout the water column.

9VAC25-260-140. Criteria for surface water.

EDITOR'S NOTE: Subsections A, C, D, E, and F of 9VAC25-260-140 are not amended; therefore, that text is not set out.

B. The following table is a list of numerical water quality criteria for specific parameters.

Table of Parameters6, 7

PARAMETER
CAS Number

USE DESIGNATION

AQUATIC LIFE

HUMAN HEALTH

FRESHWATER

SALTWATER

Public Water Supply3

All Other Surface Waters4

Acute1

Chronic2

Acute1

Chronic2

Acenapthene (μg/l)
83329

70

90

Acrolein (μg/l)
107028

3.0

3.0

3

400

Acrylonitrile (μg/l)
107131

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.61

70

Aldrin (μg/l)
309002

Known or suspected carcinogen; human health criteria at risk level 10-5.

3.0

1.3

0.0000077

0.0000077

Aluminum (μg/l)
7429905

Acute and chronic freshwater aluminum criteria values for a site shall be calculated using the 2018 Aluminum Criteria Calculator (Aluminum Criteria Calculator V.2.0.xlsx), or a calculator in R or other software package using the same 1985 Guidelines calculation approach and underlying model equations as in the Aluminum Criteria Calculator V.2.0.xlsx, as defined in EPA's Final Aquatic Life Ambient Water Quality Criteria for Aluminum. (EPA-822-R-18-001, 2018)

1,300

pH= 7.0

Total hardness (CaCO3) = 25 mg/l DOC = 5.0 mg/l

500

pH= 7.0

Total hardness (CaCO3) = 25 mg/l DOC = 5.0 mg/l

Ammonia (μg/l)
766-41-7 7664417

Chronic criterion is a 30-day average concentration not to be exceeded more than once every three years on the average.(see 9VAC25-260-155)

Anthracene (μg/l)
120127

300

400

Antimony (μg/l)
7440360

5.6 5.3

640 580

Arsenic (μg/l)5
7440382

340

150

69

36

10

Bacteria
(see 9VAC25-260-160 and 9VAC25-260-170)

Barium (μg/l)
7440393

2,000

Benzene (μg/l)
71432

Known or suspected carcinogen; human health criteria at risk level 10-5

5.8

160

Benzidine (μg/l)
92875

Known or suspected carcinogen; human health criteria at risk level 10-5

0.0014

0.11

Benzo (a) anthracene (μg/l)
56553

Known or suspected carcinogen; human health criteria at risk level 10-5

0.012

0.013

Benzo (b) fluoranthene (μg/l)
205992

Known or suspected carcinogen; human health criteria at risk level 10-5

0.012

0.013

Benzo (k) fluoranthene (μg/l)
207089

Known or suspected carcinogen; human health criteria at risk level 10-5

0.12

0.13

Benzo (a) pyrene (μg/l)
50328

Known or suspected carcinogen; human health criteria at risk level 10-5

0.0012

0.0013

Bis2-Chloroethyl Ether (μg/l)
111444

Known or suspected carcinogen; human health criteria at risk level 10-5

0.30

22

Bis (chloromethyl) Ether
542881

Known or suspected carcinogen; human health criteria at risk level 10-5

0.0015

0.17

Bis2-Chloroisopropyl Ether (Bis (2-Chloro-1-methylethyl) Ether) 2,2'-Oxybis(1-Chloropropane) (μg/l)
108601

200

4,000

Bis2-Ethylhexyl Phthalate (μg/l)
117817

Known or suspected carcinogen; human health criteria at risk level 10-5. Synonym = Di-2-Ethylhexyl Phthalate.

3.2

3.7

Bromoform (μg/l)
75252

Known or suspected carcinogen; human health criteria at risk level 10-5.

70

1,200

Butyl benzyl phthalate (μg/l)
85687

1.0

1.0

Cadmium (μg/l)5
7440439

Freshwater values are a function of total hardness as calcium carbonate (CaCO3) mg/l and the WER. The minimum hardness allowed for use in the equation below shall be 25 and the maximum hardness shall be 400 even when the actual ambient hardness is less than 25 or greater than 400.

Freshwater acute criterion (μg/l)
WER e (0.9789[ln(hardness)]-3.866) (CFa)

Freshwater chronic criterion (μg/l)
WER e (0.7977[ln(hardness)]-3.909) (CFc)

WER = Water Effect Ratio = 1 unless determined otherwise under 9VAC25-260-140 F

e = natural antilogarithm

ln = natural logarithm

CF = conversion factor a (acute) or c (chronic)

CFa = 1.136672-[(ln hardness)(0.041838)]

CFc = 1.101672-[(ln hardness)(0.041838)]

1.8
CaCO3 = 100

0.72
CaCO3 = 100

33
X WER

7.9
X WER

5

Carbon tetrachloride (μg/l)
56235

Known or suspected carcinogen; human health criteria at risk level 10-5.

4.0

50

Carbaryl (μg/l)
63252

2.1

2.1

1.6

Chlordane (μg/l)
57749 12789036

Known or suspected carcinogen; human health criteria at risk level 10-5.

2.4

0.0043

0.09

0.0040

0.0031

0.0032

Chloride (μg/l)
16887006

Human health criterion to maintain acceptable taste and aesthetic quality and applies at the drinking water intake.

Chloride criteria do not apply in Class II transition zones (see subsection C of this section).

860,000

230,000

250,000

Chlorine, Total Residual (μg/l)
7782505

In DGIF class i and ii trout waters (9VAC25-260-390 through 9VAC25-260-540) or waters with threatened or endangered species are subject to the halogen ban (9VAC25-260-110).

19

See 9VAC25-260-110

11

See 9VAC25-260-110

Chlorine Produced Oxidant (μg/l)
7782505

13

7.5

Chlorobenzene (μg/l)
108907

100

800

Chlorodibromomethane (μg/l)
124481

Known or suspected carcinogen; human health criteria at risk level 10-5.

8.0

210

Chloroform (μg/l)
67663

60

2,000

2-Chloronaphthalene (μg/l)
91587

800

1,000

2-Chlorophenol (μg/l)
95578

30

800

Chlorpyrifos (μg/l)
2921882

0.083

0.041

0.011

0.0056

Chromium III (μg/l)5
16065831

Freshwater values are a function of total hardness as calcium carbonate CaCO3 mg/l and the WER. The minimum hardness allowed for use in the equation below shall be 25 and the maximum hardness shall be 400 even when the actual ambient hardness is less than 25 or greater than 400.

Freshwater acute criterion μg/l

WER [e{0.8190[ln(hardness)]+3.7256}] (CFa)

Freshwater chronic criterion μg/l
WER [e{0.8190[ln(hardness)]+0.6848}] (CFc)

WER = Water Effect Ratio = 1 unless determined otherwise under 9VAC25-260-140.F

e = natural antilogarithm

ln = natural logarithm

CF = conversion factor a (acute) or c (chronic)

CFa= 0.316

CFc=0.860

570
(CaCO3 = 100)

74
(CaCO3 = 100)

100

(total Cr)

Chromium VI (μg/l)5
18540299

16

11

1,100

50

Chrysene (μg/l)
218019

Known or suspected carcinogen; human health criteria at risk level 10-5.

1.2

1.3

Copper (μg/l)5
7440508

Freshwater criteria for copper shall be calculated using the EPA 2007 Biotic Ligand Model (see 9VAC25- 260-140 G) where the board has determined that a sufficient dataset of input parameters is available. Where the board has determined that a sufficient dataset is not available, freshwater criteria shall be calculated using the hardness-based equations in this table cell. Freshwater values derived using these equations are a function of total hardness as calcium carbonate CaCO3 mg/l and the WER. The minimum hardness allowed for use in the equation below shall be 25 and the maximum hardness shall be 400 even when the actual ambient hardness is less than 25 or greater than 400.

Freshwater acute criterion (μg/l)

WER [e {0.9422[ln(hardness)]-1.700}] (CFa)

Freshwater chronic criterion (μg/l)
WER [e {0.8545[ln(hardness)]-1.702}] (CFc)

WER = Water Effect Ratio = 1 unless determined otherwise under 9VAC25-260-140 F.

e = natural antilogarithm

ln = natural logarithm

CF = conversion factor a (acute) or c (chronic)

CFa = 0.960

CFc = 0.960

Alternate copper criteria in freshwater: the freshwater criteria for copper can also be calculated using the EPA 2007 Biotic Ligand Model (See 9VAC25-260-140 G).

Acute saltwater criterion is a 24-hour average not to be exceeded more than once every three years on the average.

13
CaCO 3 = 100

9.0
CaCO3 = 100

9.3
X WER

6.0
X WER

1,300

Cyanide, Free (μg/l)
57125

22

5.2

1.0

1.0

4

400

DDD (μg/l)
72548

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.0012

0.0012

DDE (μg/l)
72559

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.00018

0.00018

DDT (μg/l)
50293

Known or suspected carcinogen; human health criteria at risk level 10-5.

Total concentration of DDT and metabolites shall not exceed aquatic life criteria.

1.1

0.0010

0.13

0.0010

0.00030

0.00030

Demeton (μg/l)
8065483

0.1

0.1

Diazinon (μg/l)
333415

0.17

0.17

0.82

0.82

Dibenz (a, h) anthracene (μg/l)
53703

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.0012

0.0013

1,2-Dichlorobenzene (μg/l)

95501

1,000

3,000

1,3-Dichlorobenzene (μg/l)

541731

7

10

1,4 Dichlorobenzene (μg/l)
106467

300

900

3,3 Dichlorobenzidine (μg/l)
91941

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.49

1.5

Dichlorobromomethane (μg/l)
75274

Known or suspected carcinogen; human health criteria at risk level 10-5.

9.5

270

1,2 Dichloroethane (μg/l)
107062

Known or suspected carcinogen; human health criteria at risk level 10-5.

99

6,500

1,1 Dichloroethylene (μg/l)
75354

300

20,000

1,2-trans-dichloroethylene (μg/l)
156605

100

4,000

2,4 Dichlorophenol (μg/l)
120832

10

60

2,4 Dichlorophenoxy acetic acid (Chlorophenoxy Herbicide) (2,4-D) (μg/l)
94757

1,300

12,000

1,2-Dichloropropane (μg/l)
78875

Known or suspected carcinogen; human health criteria at risk level 10-5.

9.0

310

1,3-Dichloropropene (μg/l)
542756

Known or suspected carcinogen; human health criteria at risk level 10-5.

2.7

120

Dieldrin (μg/l)
60571

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.24

0.056

0.71

0.0019

0.000012

0.000012

Diethyl Phthalate (μg/l)
84662

600

600

2,4 Dimethylphenol (μg/l)
105679

100

3,000

Dimethyl Phthalate (μg/l)
131113

2,000

2,000

Di-n-Butyl Phthalate (μg/l)
84742

20

30

2,4 Dinitrophenol (μg/l)
51285

10

300

Dinitrophenols (μg/l)
25550587

10

1,000

2-Methyl-4,6-Dinitrophenol (μg/l)
534521

2

30

2,4 Dinitrotoluene (μg/l)
121142

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.49

17

Dioxin 2, 3, 7, 8-tetrachlorodibenzo-p-dioxin (μg/l)
1746016

5.0 E-8 4.6 E-8

5.1 E-8 4.7 E-8

1,2-Diphenylhydrazine (μg/l)
122667

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.3

2.0

Dissolved Oxygen (μg/l)
(See 9VAC25-260-50)

Alpha-Endosulfan (μg/l)
959988

Total concentration alpha and beta-endosulfan shall not exceed aquatic life criteria.

0.22

0.056

0.034

0.0087

20

30

Beta-Endosulfan (μg/l)
33213659

Total concentration alpha and beta-endosulfan shall not exceed aquatic life criteria.

0.22

0.056

0.034

0.0087

20

40

Endosulfan Sulfate (μg/l)
1031078

20

40

Endrin (μg/l)
72208

0.086

0.036

0.037

0.0023

0.03

0.03

Endrin Aldehyde (μg/l)
7421934

1

1

Ethylbenzene (μg/l)
100414

68

130

Fecal Coliform
(see 9VAC25-260-160)

Fluoranthene (μg/l)
206440

20

20

Fluorene (μg/l)
86737

50

70

Foaming Agents (μg/l)

Criterion measured as methylene blue active substances. Criterion to maintain acceptable taste, odor, or aesthetic quality of drinking water and applies at the drinking water intake.

500

Guthion (μg/l)
86500

0.01

0.01

Heptachlor (μg/l)
76448

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.52

0.0038

0.053

0.0036

0.000059

0.000059

Heptachlor Epoxide (μg/l)
1024573

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.52

0.0038

0.053

0.0036

0.00032

0.00032

Hexachlorobenzene (μg/l)
118741

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.00079

0.00079

Hexachlorobutadiene (μg/l)
87683

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.1

0.1

Hexachlorocyclohexane Alpha-BHC (μg/l)
319846

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.0036

0.0039

Hexachlorocyclohexane Beta-BHC (μg/l)
319857

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.080

0.14

Hexachlorocyclohexane (μg/l) (Lindane)

Gamma-BHC
58899

0.95

0.16

4.2

4.4

Hexachlorocyclohexane (HCH)-Technical (μg/l)

608731

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.066

0.1

Hexachlorocyclopentadiene (μg/l)
77474

4

4

Hexachloroethane (μg/l)
67721

Known or suspected carcinogen; human health criteria at risk level 10-5.

1

1

Hydrogen sulfide (μg/l)
7783064

2.0

2.0

Indeno (1,2,3,-cd) pyrene (μg/l)
193395

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.012

0.013

Iron (μg/l)
7439896

Criterion to maintain acceptable taste, odor, or aesthetic quality of drinking water and applies at the drinking water intake.

300

Isophorone (μg/l)
78591

Known or suspected carcinogen; human health criteria at risk level 10-5.

340

18,000

Kepone (μg/l)
143500

zero

zero

Lead (μg/l)5
7439921

Freshwater values are a function of total hardness as calcium carbonate CaCO3 mg/l and the water effect ratio. The minimum hardness allowed for use in the equation below shall be 25 and the maximum hardness shall be 400 even when the actual ambient hardness is less than 25 or greater than 400.

Freshwater acute criterion (μg/l)
WER [e {1.273[ln(hardness)]-1.084}](CFa)

Freshwater chronic criterion (μg/l)
WER [e {1.273[ln(hardness)]-3.259}] (CFc)

WER = Water Effect Ratio = 1 unless determined otherwise under 9VAC25-260-140 F

e = natural antilogarithm

ln = natural logarithm

CF = conversion factor a (acute) or c (chronic)

CFa = 1.46203-[(ln hardness)(0.145712)]

CFc = 1.46203-[(ln hardness)(0.145712)]

94
CaCO3 = 100

11
CaCO3 = 100

230 X WER

8.8 X WER

15

Malathion (μg/l)
121755

0.1

0.1

Mercury (μg/l) 5
7439976

1.4

0.77

1.8

0.94

Methyl Bromide (μg/l)
74839

100

10,000

3-Methyl-4-Chlorophenol
59507

500

2,000

Methyl Mercury (Fish Tissue Criterion mg/kg) 8
22967926

0.30

0.30

Methylene Chloride (μg/l)
75092

Known or suspected carcinogen; human health criteria at risk level 10-5. Synonym = Dichloromethane

20

1,000

Methoxychlor (μg/l)
72435

0.03

0.03

0.02

0.02

Mirex (μg/l)
2385855

zero

zero

Nickel (μg/l)5
744002 7440020

Freshwater values are a function of total hardness as calcium carbonate CaCO3 mg/l and the WER. The minimum hardness allowed for use in the equation below shall be 25 and the maximum hardness shall be 400 even when the actual ambient hardness is less than 25 or greater than 400.

Freshwater acute criterion (μg/l)
WER [e {0.8460[ln(hardness)] + 1.312}] (CFa)

Freshwater chronic criterion (μg/l)
WER [e {0.8460[ln(hardness)] - 0.8840}] (CFc)

WER = Water Effect Ratio = 1 unless determined otherwise under 9VAC25-260-140 F

e = natural antilogarithm

ln = natural logarithm

CF = conversion factor a (acute) or c (chronic)

CFa = 0.998

CFc = 0.997

180
CaCO3 = 100

20
CaCO3 = 100

74 X WER

8.2 X WER

610 470

4,600 1,500

Nitrate as N (μg/l)
14797558

10,000

Nitrobenzene (μg/l)
98953

10

600

N-Nitrosodimethylamine (μg/l)
62759

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.0069 0.0065

30 27

N-Nitrosodiphenylamine (μg/l)
86306

Known or suspected carcinogen; human health criteria at risk level 10-5.

33 30

60 55

N-Nitrosodi-n-propylamine (μg/l)
621647

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.050 0.047

5.1 4.6

Nonylphenol (μg/l)
84852153

28

6.6

7.0

1.7

Parathion (μg/l)
56382

0.065

0.013

PCB Total (μg/l)
1336363

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.014

0.030

0.00064 0.00058

0.00064 0.00058

Pentachlorobenzene (μg/l)
608935

0.1

0.1

Pentachlorophenol (μg/l)
87865

Known or suspected carcinogen; human health criteria risk level at 10-5.

Freshwater acute criterion (μg/l)
e (1.005(pH)-4.869)

Freshwater chronic criterion (μg/l)
e (1.005(pH)-5.134)

8.7
pH = 7.0

6.7
pH = 7.0

13

7.9

0.3

0.4

pH

See 9VAC25-260-50

Phenol (μg/l)
108952

4,000

300,000

Phosphorus Elemental (μg/l)
7723140

0.10

Pyrene (μg/l)
129000

20

30

Radionuclides

Gross Alpha Particle Activity (pCi/L)

15

Beta Particle & Photon Activity (mrem/yr) (formerly man-made radionuclides)

4

Combined Radium 226 and 228 (pCi/L)

5

Uranium (μg/L)

7440611

30

Selenium (μg/l)5
7782492

WER shall not be used for freshwater acute and chronic criteria. Freshwater criteria expressed as total recoverable.

20

5.0

290 X WER

71
X WER

170 160

4,200 3,800

Silver (μg/l)5
7440224

Freshwater values are a function of total hardness as calcium carbonate (CaCO3) mg/l and the WER. The minimum hardness allowed for use in the equation below shall be 25 and the maximum hardness shall be 400 even when the actual ambient hardness is less than 25 or greater than 400.

Freshwater acute criterion (μg/l)
WER [e {1.72[ln(hardness)]-6.52}] (CFa)

WER = Water Effect Ratio = 1 unless determined otherwise under 9VAC25-260-140 F

e = natural antilogarithm

ln = natural logarithm

CF = conversion factor a

(acute) or c (chronic)

CFa = 0.85

3.4; CaCO3 = 100

1.9 X WER

Sulfate (μg/l)

Criterion to maintain acceptable taste, odor, or aesthetic quality of drinking water and applies at the drinking water intake.

250,000

Temperature

See 9VAC25-260-50

1,2,4,5-Tetrachlorobenzene

95943

0.03

0.03

1,1,2,2-Tetrachloroethane (μg/l)
79345

Known or suspected carcinogen; human health criteria at risk level 10-5.

2.0

30

Tetrachloroethylene (μg/l)
127184

Known or suspected carcinogen; human health criteria at risk level 10-5.

100

290

Thallium (μg/l)
7440280

0.24 0.22

0.47 0.43

Toluene (μg/l)
108883

57

520

Total Dissolved Solids (μg/l)
Criterion to maintain acceptable taste, odor or aesthetic quality of drinking water and applies at the drinking water intake.

500,000

Toxaphene (μg/l)
8001352

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.73

0.0002

0.21

0.0002

0.0070

0.0071

Tributyltin (μg/l)
60105 E1790678

0.46

0.072

0.42

0.0074

1, 2, 4 Trichlorobenzene (μg/l)
120821

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.71

0.76

1,1,1-Trichloroethane
71556

10,000

200,000

1,1,2-Trichloroethane (μg/l)
79005

Known or suspected carcinogen; human health criteria at risk level 10-5.

5.5

89

Trichloroethylene (μg/l)
79016

Known or suspected carcinogen; human health criteria at risk level 10-5.

6.0

70

2, 4, 5 –Trichlorophenol
95954

300

600

2, 4, 6-Trichlorophenol (μg/l)
88062

Known or suspected carcinogen; human health criteria at risk level 10-5.

15

28

2-(2, 4, 5-Trichlorophenoxy) propionic acid (Silvex) (μg/l)
93721

100

400

Vinyl Chloride (μg/l)
75014

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.22

16

Zinc (μg/l)5
7440666

Freshwater values are a function of total hardness as calcium carbonate (CaCO3) mg/l and the WER. The minimum hardness allowed for use in the equation below shall be 25 and the maximum, hardness shall be 400 even when the actual ambient hardness is less than 25 or greater than 400.

Freshwater acute criterion (μg/l)
WER [e {0.8473[ln(hardness)]+0.884}](CFa)

Freshwater chronic criterion (μg/l)
WER [e{0.8473[ln(hardness)]+0.884}] (CFc)

WER = Water Effect Ratio = 1 unless determined otherwise under 9VAC25-260-140 F

e = natural antilogarithm

ln = natural logarithm

CF = conversion factor a (acute) or c (chronic)

CFa = 0.978

CFc = 0.986

120 CaCO3 = 100

120 CaCO3 = 100

90
X WER

81
X WER

7,400 7,000

26,000 23,000

1One hour average concentration not to be exceeded more than once every 3 years on the average, unless otherwise noted.

2Four-day average concentration not to be exceeded more than once every 3 years on the average, unless otherwise noted.

3Criteria have been calculated to protect human health from toxic effects through drinking water and fish consumption, unless otherwise noted and apply in segments designated as PWS in 9VAC25-260-390 through 9VAC25-260-540. Human health criteria are based on the assumption of average amount of exposure on a long-term basis.

4Criteria have been calculated to protect human health from toxic effects through fish consumption, unless otherwise noted and apply in all other surface waters not designated as PWS in 9VAC25-260-390 through 9VAC25-260-540. Human health criteria are based on the assumption of average amount of exposure on a long-term basis.

5Acute and chronic saltwater and freshwater aquatic life criteria apply to the biologically available form of the metal and apply as a function of the pollutant's water effect ratio (WER) as defined in 9VAC25-260-140 F (WER X criterion). Metals measured as dissolved shall be considered to be biologically available, or, because local receiving water characteristics may otherwise affect the biological availability of the metal, the biologically available equivalent measurement of the metal can be further defined by determining a water effect ratio (WER) and multiplying the numerical value shown in 9VAC25-260-140 B by the WER. Refer to 9VAC25-260-140 F. Values displayed above in the table are examples and correspond to a WER of 1.0. Metals criteria have been adjusted to convert the total recoverable fraction to dissolved fraction using a conversion factor. Criteria that change with hardness have the conversion factor listed in the table above.

6The flows listed below are default design flows for calculating steady state wasteload allocations unless statistically valid methods are employed which demonstrate compliance with the duration and return frequency of the water quality criteria.

Aquatic Life:

Acute criteria

1Q10

Chronic criteria

7Q10

Chronic criteria (ammonia)

30Q10

Human Health:

Noncarcinogens

30Q5

Carcinogens

Harmonic mean

The following are defined for this section:

"1Q10" means the lowest flow averaged over a period of 1 day which on a statistical basis can be expected to occur once every 10 climatic years.

"7Q10" means the lowest flow averaged over a period of 7 consecutive days that can be statistically expected to occur once every 10 climatic years.

"30Q5" means the lowest flow averaged over a period of 30 consecutive days that can be statistically expected to occur once every 5 climatic years.

"30Q10" means the lowest flow averaged over a period of 30 consecutive days that can be statistically expected to occur once every 10 climatic years.

"Averaged" means an arithmetic mean.

"Climatic year" means a year beginning on April 1 and ending on March 31.

7The criteria listed in this table are two significant digits. For other criteria that are referenced to other sections of this regulation in this table, all numbers listed as criteria values are significant.

8The fish tissue criterion for methylmercury applies to a concentration of 0.30 mg/kg as wet weight in edible tissue for species of fish and shellfish resident in a waterbody that are commonly eaten in the area and have commercial, recreational, or subsistence value.

G. Biotic Ligand Model for copper. On a case-by-case basis Where the board determines that a sufficient dataset of input parameters is available, EPA's 2007 copper criteria (EPA-822-F-07-001) biotic ligand model (BLM) for copper may shall be used to determine alternate the applicable copper criteria for freshwater sites. The BLM is a bioavailability model that uses receiving water characteristics to develop site-specific criteria. Site-specific data for 10 parameters are needed to use the BLM. These parameters are temperature, pH, dissolved organic carbon, calcium, magnesium, sodium, potassium, sulfate, chloride, and alkalinity. If sufficient data for these parameters are available, the BLM can be used to calculate alternate criteria values for the copper criteria. The Where the board determines that a sufficient dataset of input parameters is available, the BLM would shall be used instead of the hardness-based criteria and takes the place of the hardness adjustment and the WER. A WER will not be applicable with the BLM.

9VAC25-260-185. Criteria to protect designated uses from the impacts of nutrients and suspended sediment in the Chesapeake Bay and its tidal tributaries.

EDITOR'S NOTE: Subsections A, C, and D of 9VAC25-260-185 are not amended; therefore, that text is not set out.

B. Submerged aquatic vegetation (SAV) and water clarity. Attainment of the shallow-water submerged aquatic vegetation designated use shall be determined using any one of the following criteria:

Designated Use

Chesapeake Bay Program Segment

SAV Acres1

Percent Light-Through-Water2

Water Clarity Acres1

Temporal Application

Shallow water submerged aquatic vegetation use

CB5MH

7,633

22%

14,514

April 1 - October 31

CB6PH

1,267

22%

3,168

March 1 - November 30

CB7PH

15,107

22%

34,085

March 1 - November 30

CB8PH

11

22%

28

March 1 - November 30

POTTF

2,093

13%

5,233

April 1 - October 31

POTOH

1,503

13%

3,758

April 1 - October 31

POTMH

4,250

22%

10,625

April 1 - October 31

RPPTF

66

13%

165

April 1 - October 31

RPPOH

4

13%

10

April 1 - October 31

RPPMH

1700 5,380

22%

5000 13,450

April 1 - October 31

CRRMH

768

22%

1,920

April 1 - October 31

PIAMH

3,479

22%

8,014

April 1 - October 31

MPNTF

85

13%

213

April 1 - October 31

MPNOH

-

-

-

-

PMKTF

187

13%

468

April 1 - October 31

PMKOH

-

-

-

-

YRKMH

239

22%

598

April 1 - October 31

YRKPH

2,793

22%

6,982

March 1 - November 30

MOBPH

15,901

22%

33,990

March 1 - November 30

JMSTF2

200 266

13%

500 665

April 1 - October 31

JMSTF1

1000 1,333

13%

2500 3,332

April 1 - October 31

APPTF

379

13%

948

April 1 - October 31

JMSOH

15

13%

38

April 1 - October 31

CHKOH

535

13%

1,338

April 1 - October 31

JMSMH

200 531

22%

500 1,328

April 1 - October 31

JMSPH

300 604

22%

750 1,510

March 1 - November 30

WBEMH

-

-

-

-

SBEMH

-

-

-

-

EBEMH

-

-

-

-

ELIPH

-

-

-

-

LYNPH

107

22%

268

March 1 - November 30

POCOH

-

-

-

-

POCMH

4,066

22%

9,368

April 1 - October 31

TANMH

13,579

22%

22,064

April 1 - October 31

1The assessment period for SAV and water clarity acres shall be the single best year in the most recent three consecutive years. When three consecutive years of data are not available, a minimum of three years within the data assessment window shall be used.

2Percent light-through-water = 100e(-KdZ) where Kd is water column light attenuation coefficient and can be measured directly or converted from a measured secchi depth where Kd = 1.45/secchi depth. Z = depth at location of measurement of Kd.

9VAC25-260-187. Criteria for man-made lakes and reservoirs to protect aquatic life and recreational designated uses from the impacts of nutrients.

EDITOR'S NOTE: Subsections A, C, and D of 9VAC25-260-187 are not amended; therefore, that text is not set out.

B. Whether or not algicide treatments are used, the chlorophyll a criteria apply to all waters on the list. The total phosphorus criteria apply only if a specific man-made lake or reservoir received algicide treatment during the monitoring and assessment period of April 1 through October 31.

The 90th percentile of the chlorophyll a data collected at one meter or less within the lacustrine portion of the man-made lake or reservoir between April 1 and October 31 shall not exceed the chlorophyll a criterion for that waterbody in each of the two most recent monitoring years that chlorophyll a data are available. For a waterbody that received algicide treatment, the median of the total phosphorus data collected at one meter or less within the lacustrine portion of the man-made lake or reservoir between April 1 and October 31 shall not exceed the total phosphorus criterion in each of the two most recent monitoring years that total phosphorus data are available.

Monitoring data used for assessment shall be from sampling location(s) locations within the lacustrine portion where observations are evenly distributed over the seven months from April 1 through October 31 and are in locations that are representative, either individually or collectively, of the condition of the man-made lake or reservoir.

Man-made Lake or Reservoir Name

Location

Chlorophyll a (μg/L)

Total Phosphorus (μg/L)

Abel Lake

Stafford County

35

40

Airfield Pond

Sussex County

35

40

Amelia Lake

Amelia County

35

40

Aquia Reservoir (Smith Lake)

Stafford County

35

40

Bark Camp Lake (Corder Bottom Lake, Lee/Scott/Wise Lake)

Scott County

35

40

Beaver Creek Reservoir

Albemarle County

35

40

Beaverdam Creek Reservoir (Beaverdam Reservoir)

Bedford County

35

40

Beaverdam Reservoir

Loudoun County

35

40

Bedford Reservoir (Stony Creek Reservoir)

Bedford County

35

40

Big Cherry Lake

Wise County

35

40

Breckenridge Reservoir

Prince William County

35

40

Briery Creek Lake

Prince Edward County

35

40

Brunswick Lake (County Pond)

Brunswick County

35

40

Burke Lake

Fairfax County

60

40

Carvin Cove Reservoir

Botetourt County

35

40

Cherrystone Reservoir

Pittsylvania County

35

40

Chickahominy Lake

Charles City County

35

40

Chris Green Lake

Albemarle County

35

40

Claytor Lake

Pulaski County

25

20

Clifton Forge Reservoir (Smith Creek Reservoir)

Alleghany County

35

20

Coles Run Reservoir

Augusta County

10

10

Curtis Lake

Stafford County

60

40

Diascund Creek Reservoir

New Kent County

35

40

Douthat Lake

Bath County

25

20

Elkhorn Lake

Augusta County

10

10

Emporia Lake (Meherrin Reservoir)

Greensville County

35

40

Fairystone Lake

Henry County

35

40

Falling Creek Reservoir

Chesterfield County

35

40

Fluvanna Ruritan Lake

Fluvanna County

60

40

Fort Pickett Reservoir

Nottoway/Brunswick County

35

40

Gatewood Reservoir

Pulaski County

35

40

Georges Creek Reservoir

Pittsylvania County

35

40

Goose Creek Reservoir

Loudoun County

35

40

Graham Creek Reservoir

Amherst County

35

40

Great Creek Reservoir

Lawrenceville

35

40

Harrison Lake

Charles City County

35

40

Harwood Mills Reservoir

York County

60

40

Hidden Valley Lake

Washington County

35

40

Hogan Lake

Pulaski County

35

40

Holiday Lake

Appomattox County

35

40

Hungry Mother Lake

Smyth County

35

40

Hunting Run Reservoir

Spotsylvania County

35

40

J. W. Flannagan Reservoir

Dickenson County

25

20

Kerr Reservoir, Virginia portion (Buggs Island Lake)

Halifax County

25

30

Keysville Reservoir

Charlotte County

35

40

Lake Albemarle

Albemarle County

35

40

Lake Anna

Louisa County, Spotsylvania, Orange Counties

25

30

Lake Arrowhead

Page County

35

40

Lake Burnt Mills

Isle of Wight County

60

40

Lake Chesdin

Chesterfield County

35

40

Lake Cohoon

Suffolk City

60

40

Lake Conner

Halifax County

35

40

Lake Frederick

Frederick County

35

40

Lake Gaston, (Virginia portion)

Brunswick County

25

30

Lake Gordon

Mecklenburg County

35

40

Lake Keokee

Lee County

35

40

Lake Kilby

Suffolk City

60

40

Lake Lawson

Virginia Beach City

60

40

Lake Manassas

Prince William County

35

40

Lake Meade

Suffolk City

60

40

Lake Moomaw

Bath County

10

10

Lake Mooney

Stafford County

25

40

Lake Nelson

Nelson County

60

40

Lake Nottoway (Lee Lake, Nottoway Lake)

Nottoway County

35

40

Lake Orange

Orange County

60

40

Lake Pelham

Culpeper County

35

40

Lake Prince

Suffolk City

60

40

Lake Robertson

Rockbridge County

35

40

Lake Smith

Virginia Beach City

60

40

Lake Whitehurst

Norfolk City

60

40

Lake Wright

Norfolk City

60

40

Lakeview Reservoir

Chesterfield County

35

40

Laurel Bed Lake

Russell County

35

40

Lee Hall Reservoir (Newport News Reservoir)

Newport News City

60

40

Leesville Reservoir

Bedford County

25

30

Little Creek Reservoir

Virginia Beach City

60

40

Little Creek Reservoir

James City County

25

30

Little River Reservoir

Montgomery County

35

40

Lone Star Lake F (Crystal Lake)

Suffolk City

60

40

Lone Star Lake G (Crane Lake)

Suffolk City

60

40

Lone Star Lake I (Butler Lake)

Suffolk City

60

40

Lunga Reservoir

Prince William County

35

40

Lunenburg Beach Lake (Victoria Lake)

Town of Victoria

35

40

Martinsville Reservoir (Beaver Creek Reservoir)

Henry County

35

40

Mill Creek Reservoir

Amherst County

35

40

Modest Creek Reservoir

Town of Victoria

35

40

Motts Run Reservoir

Spotsylvania County

25

30

Mount Jackson Reservoir

Shenandoah County

35

40

Mountain Run Lake

Culpeper County

35

40

Ni Reservoir

Spotsylvania County

35

40

North Fork Pound Reservoir

Wise County

35

40

Northeast Creek Reservoir

Louisa County

35

40

Occoquan Reservoir

Fairfax County

35

40

Pedlar Lake

Amherst County

25

20

Philpott Reservoir

Henry County

25

30

Phelps Creek Reservoir (Brookneal Reservoir)

Campbell County

35

40

Powhatan Lakes (Upper and Lower)

Powhatan County

35

40

Ragged Mountain Reservoir

Albemarle County

35

40

Rivanna Reservoir (South Fork Rivanna Reservoir)

Albemarle County

35

40

Roaring Fork

Pittsylvania County

35

40

Rural Retreat Lake

Wythe County

35

40

Sandy River Reservoir

Prince Edward County

35

40

Shenandoah Lake

Rockingham County

35

40

Silver Lake

Rockingham County

35

40

Smith Mountain Lake

Bedford County

25

30

South Holston Reservoir

Washington County

25

20

Speights Run Lake

Suffolk City

60

40

Spring Hollow Reservoir

Roanoke County

25

20

Staunton Dam Lake

Augusta County

35

40

Stonehouse Creek Reservoir

Amherst County

60

40

Strasburg Reservoir

Shenandoah County

35

40

Stumpy Lake

Virginia Beach

60

40

Sugar Hollow Reservoir

Albemarle County

25

20

Swift Creek Lake

Chesterfield County

35

40

Swift Creek Reservoir

Chesterfield County

35

40

Switzer Lake

Rockingham County

10

10

Talbott Reservoir

Patrick County

35

40

Thrashers Creek Reservoir

Amherst County

35

40

Totier Creek Reservoir

Albemarle County

35

40

Townes Reservoir

Patrick County

25

20

Troublesome Creek Reservoir

Buckingham County

35

40

Waller Mill Reservoir

York County

25

30

Western Branch Reservoir

Suffolk City

25

20

Wise Reservoir

Wise County

25

20

9VAC25-260-310. Special standards and requirements.

The special standards are shown in small letters to correspond to lettering in the basin tables. The special standards are as follows:

EDITOR'S NOTE: Subdivisions a through x of 9VAC25-260-310 are not amended; therefore, that text is not set out.

y. Tidal freshwater Potomac River and tidal tributaries that enter the tidal freshwater Potomac River from Cockpit Point (below Occoquan Bay) to the fall line at Chain Bridge. During November 1 through February 14 of each year the 30-day average concentration of total ammonia nitrogen (in mg N/L) shall not exceed, more than once every three years on the average, the following chronic ammonia criterion:

(

0.0577

+

2.487

)

x 1.45(100.028(25-MAX))

1 + 107.688-pH

1 + 10pH-7.688

MAX = temperature in °C or 7, whichever is greater.

The default design flow for calculating steady state wasteload allocations for this chronic ammonia criterion is the 30Q10, unless statistically valid methods are employed which demonstrate compliance with the duration and return frequency of this water quality criterion. Canceled.

EDITOR'S NOTE: Subdivisions z through hh of 9VAC25-260-310 are not amended; therefore, that text is not set out.

ii. In the wadeable portions of the mainstem sections of the Shenandoah River, North Fork Shenandoah River, and South Fork Shenandoah River listed in the table in this subdivision, a determination of persistent nuisance filamentous algae impeding the recreation use should be made when exceedances of the specified benthic chlorophyll-a concentration thresholds occur in more than one recreation season (May 1 to October 31) in three years. "Wadeable" constitutes a stream that can be crossed and sampled safely during a given sampling event occurring within the recreation season.

Segment

Two-Month Median (mg/m2)

Seasonal Median (mg/m2)

Shenandoah River from its confluence of the North Fork and South Fork Shenandoah Rivers downstream to the Virginia-West Virginia state line

150

100

North Fork Shenandoah River from its confluence with Fort Run downstream to its confluence with the South Fork Shenandoah River

150

100

South Fork Shenandoah River from its confluence with the North and South Rivers downstream to its confluence with the North Fork Shenandoah River

150

100

9VAC25-260-390. Potomac River Basin (Potomac River Subbasin).

Potomac River Subbasin

SEC.

CLASS

SP. STDS.

SECTION DESCRIPTION

EDITOR'S NOTE: Sections 1 through 5 and 7 through 12 of 9VAC25-260-390 are not amended; therefore, that text is not set out.

6

II

b, y

Tidal portions of tributaries to the Potomac River from Shipping Point to Chain Bridge.

9VAC25-260-400. Potomac River Basin (Shenandoah River Subbasin).

Shenandoah River Subbasin

SEC.

CLASS

SP. STDS.

SECTION DESCRIPTION

1

IV

pH-6.5-9.5, ii

Shenandoah River and its tributaries in Clarke County, Virginia, from the Virginia-West Virginia state line to Lockes Landing, unless otherwise designated in this chapter.

1a

IV

PWS pH-6.5-9.5, ii

Shenandoah River and its tributaries from river mile 24.66 (latitude 39°16'19"; longitude 77°54'33") approximately 0.7 mile downstream of the confluence of the Shenandoah River and Dog Run to 5 miles above Berryville's raw water intake, unless otherwise designated in this chapter.

V

Stockable Trout Waters in Section 1a

vi

pH-6.5-9.5

Chapel Run (Clarke County) from its confluence with the Shenandoah River 5.7 miles upstream.

vi

pH-6.5-9.5

Spout Run (Clarke County) from its confluence with the Shenandoah River (in the vicinity of the Ebenezer Church at Route 604) to its headwaters.

1b

(Deleted)

1c

IV

pH-6.5-9.5, ii

Shenandoah River and its tributaries from a point 5 miles above Berryville's raw water intake to the confluence of the North and South Forks of the Shenandoah River.

VI

Natural Trout Waters in Section 1c

iii

pH-6.5-9.5

Page Brook from its confluence with Spout Run, 1 mile upstream.

***

pH-6.5-9.5

Roseville Run (Clarke County) from its confluence with Spout Run upstream including all named and unnamed tributaries.

iii

pH-6.5-9.5

Spout Run (Clarke County) from its confluence with the Shenandoah River (in the vicinity of Calmes Neck at Routes 651 and 621), 3.9 miles upstream.

***

pH-6.5-9.5

Westbrook Run (Clarke County) from its confluence with Spout Run upstream including all named and unnamed tributaries.

1d

(Note: Moved to Section 2b).

2

IV

ESW-12,14, 15, ii

South Fork Shenandoah River from its confluence with the North Fork Shenandoah River, upstream to a point 5 miles above the Town of Shenandoah's raw water intake and its tributaries to their headwaters in this section, unless otherwise designated in this chapter.

V

Stockable Trout Waters in Section 2

vii

pH-6.5-9.5

Bear Lithia Spring from its confluence with the South Fork Shenandoah River 0.8 miles upstream.

vi

pH-6.5-9.5

Flint Run from its confluence with the South Fork Shenandoah River 4 miles upstream.

***

pH-6.5-9.5

Gooney Run from the mouth to its confluence with Broad Run above Browntown (in the vicinity of Route 632).

***

pH-6.5-9.5, hh

Hawksbill Creek from Route 675 in Luray to 1 mile above Route 631.

VI

Natural Trout Waters in Section 2

ii

pH-6.5-9.5

Big Creek (Page County) from its confluence with the East Branch Naked Creek upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Big Ugly Run from its confluence with the South Branch Naked Creek upstream including all named and unnamed tributaries.

ii

Boone Run from 4.6 miles above its confluence with the South Fork Shenandoah River (in the vicinity of Route 637) upstream including all named and unnamed tributaries.

iii

pH-6.5-9.5

Browns Run from its confluence with Big Run upstream including all named and unnamed tributaries.

ii

Cub Run (Page County) from Pitt Spring Run upstream including all named and unnamed tributaries.

***

pH-6.5-9.5

Cub Run from its mouth to Pitt Spring Run.

i

pH-6.5-9.5

East Branch Naked Creek from its confluence with Naked Creek at Route 759 upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Fultz Run from the Park boundary (river mile 1.8) upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Gooney Run (Warren County) from 6.6 miles above its confluence with the South Fork Shenandoah River 3.9 miles upstream.

ii

pH-6.5-9.5

Hawksbill Creek in the vicinity of Pine Grove at Route 624 (river mile 17.7) 1.5 miles upstream.

ii

pH-6.5-9.5

Jeremys Run from the Shenandoah National Park boundary upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Lands Run from its confluence with Gooney Run upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Little Creek (Page County) from its confluence with Big Creek upstream including all named and unnamed tributaries.

i

pH-6.5-9.5

Little Hawksbill Creek from Route 626 upstream including all named and unnamed tributaries.

ii

Morgan Run (Page County) from its confluence with Cub Run upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Overall Run from its confluence with the South Fork Shenandoah River 4.8 miles upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Pass Run (Page County) from its confluence with Hawksbill Creek upstream including all named and unnamed tributaries.

ii

Pitt Spring Run from its confluence with Cub Run upstream including all named and unnamed tributaries.

ii

Roaring Run from its confluence with Cub Run upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

South Branch Naked Creek from 1.7 miles above its confluence with Naked Creek (in the vicinity of Route 607) upstream including all named and unnamed tributaries.

iv

pH-6.5-9.5

Stony Run (Page County) from 1.6 miles above its confluence with Naked Creek upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

West Branch Naked Creek from 2.1 miles above its confluence with Naked Creek upstream including all named and unnamed tributaries.

2a

IV

PWS, pH-6.5-9.5

Happy Creek and Sloan Creek from Front Royal's raw water intake to its headwaters.

2b

IV

PWS, ii

The South Fork Shenandoah River and its tributaries from the Town of Front Royal's raw water intake (at the State Route 619 bridge at Front Royal) to points 5 miles upstream.

2c

(Deleted)

2d

(Deleted)

V

Stockable Trout Waters in Section 2d

VI

Natural Trout Waters in Section 2d

3

IV

pH-6.5-9.5, ESW-12, 16, ii

South Fork Shenandoah River from 5 miles above the Town of Shenandoah's raw water intake to its confluence with the North and South Rivers and its tributaries to their headwaters in this section, and the South River and its tributaries from its confluence with the South Fork Shenandoah River to their headwaters, unless otherwise designated in this chapter.

V

Stockable Trout Waters in Section 3

vi

pH-6.5-9.5

Hawksbill Creek (Rockingham County) from 0.8 mile above its confluence with the South Fork Shenandoah River 6.6 miles upstream.

vi

pH-6.5-9.5

Mills Creek (Augusta County) from 1.8 miles above its confluence with Back Creek 2 miles upstream.

vi

pH-6.5-9.5

North Fork Back Creek (Augusta County) from its confluence with Back Creek 2.6 miles upstream, unless otherwise designated in this chapter.

VI

Natural Trout Waters in Section 3

i

pH-6.5-9.5

Bearwallow Run from its confluence with Onemile Run upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Big Run (Rockingham County) from 3.3 miles above its confluence with the South Fork Shenandoah River upstream including all named and unnamed tributaries.

iii

pH-6.5-9.5

Cold Spring Branch (Augusta County) from Sengers Mountain Lake (Rhema Lake) upstream including all named and unnamed tributaries.

iv

pH-6.5-9.5

Cool Springs Hollow (Augusta County) from Route 612 upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Deep Run (Rockingham County) from 1.8 miles above its confluence with the South Fork Shenandoah River upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

East Fork Back Creek from its confluence with the South Fork Back Creek upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Gap Run from 1.7 miles above its confluence with the South Fork Shenandoah River upstream including all named and unnamed tributaries.

iii

Inch Branch (Augusta County) from the dam upstream including all named and unnamed tributaries.

ii

Johns Run (Augusta County) from its confluence with the South River upstream including all named and unnamed tributaries.

iv

Jones Hollow (Augusta County) from 1.1 miles above its confluence with the South River upstream including all named and unnamed tributaries.

ii

Kennedy Creek from its confluence with the South River upstream including all named and unnamed tributaries.

iv

pH-6.5-9.5

Lee Run from 0.6 mile above its confluence with Elk Run 3.3 miles upstream.

iii

pH-6.5-9.5

Loves Run (Augusta County) from 2.7 miles above its confluence with the South River upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Lower Lewis Run (Rockingham County) from 1.7 miles above its confluence with the South Fork Shenandoah River upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Madison Run (Rockingham County) from 2.9 miles above its confluence with the South Fork Shenandoah River upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Meadow Run (Augusta County) from its confluence with the South River upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

North Fork Back Creek (Augusta County) from river mile 2.6 (in the vicinity of its confluence with Williams Creek) upstream including all named and unnamed tributaries.

i

pH-6.5-9.5

Onemile Run (Rockingham County) from 1.5 miles above its confluence with the South Fork Shenandoah River upstream including all named and unnamed tributaries.

iv

Orebank Creek from its confluence with Back Creek upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Paine Run (Augusta County) from 1.7 miles above its confluence with the South River upstream including all named and unnamed tributaries.

ii

Robinson Hollow (Augusta County) from the dam upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Rocky Mountain Run from its confluence with Big Run upstream including all named and unnamed tributaries.

iv

pH-6.5-9.5

Sawmill Run from 2.5 miles above its confluence with the South River upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

South Fork Back Creek from its confluence with Back Creek at Route 814 (river mile 2.1) upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Stony Run (Augusta County) from 3.5 miles above its confluence with the South River upstream including all named and unnamed tributaries.

iii

pH-6.5-9.5

Stony Run (Rockingham County) from 4.1 miles above its confluence with the South Fork Shenandoah River upstream including all named and unnamed tributaries.

iii

Toms Branch (Augusta County) from 1.1 miles above its confluence with Back Creek upstream including all named and unnamed tributaries.

i

pH-6.5-9.5

Twomile Run from 1.4 miles above its confluence with the South Fork Shenandoah River upstream including all named and unnamed tributaries.

iv

pH-6.5-9.5

Upper Lewis Run from 0.5 mile above its confluence with Lower Lewis Run upstream including all named and unnamed tributaries.

iv

pH-6.5-9.5

West Swift Run (Rockingham County) from the Route 33 crossing upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Whiteoak Run from its confluence with Madison Run upstream including all named and unnamed tributaries.

3a

IV

pH-6.5-9.5

South River from the former location of the dam above Waynesboro (all waters of the impoundment).

3b

IV

PWS

Coles Run and Mills Creek from South River Sanitary District's raw water intake to their headwaters.

VI

PWS

Natural Trout Waters in Section 3b

ii

Coles Run (Augusta County) from 3.9 miles above its confluence with the South River Sanitary District's raw water intake (Coles Run Dam) upstream including all named and unnamed tributaries.

ii

Mills Creek (Augusta County) from the South River Sanitary District's raw water intake (river mile 3.8) upstream including all named and unnamed tributaries.

3c

IV

PWS pH-6.5-9.5

A tributary to Coles Run from Stuarts Draft raw water intake approximately 0.5 mile south of Stuarts Draft and just off Route 610, to its headwaters.

3d

IV

PWS

South Fork Shenandoah River and its tributaries from the City of Harrisonburg water supply intake near the confluence of Big Run to points 5 miles upstream.

4

IV

pH-6.5-9.5

Middle River and its tributaries from the confluence with the North River upstream to its headwaters, unless otherwise designated in this chapter.

V

Stockable Trout Waters in Section 4

v

pH-6.5-9.5

Barterbrook Branch from its confluence with Christians Creek 2.8 miles upstream.

***

pH-6.5-9.5

East Dry Branch from its confluence with the Buffalo Branch to its confluence with Mountain Run.

vi

pH-6.5-9.5

Folly Mills Creek from 2.4 miles above its confluence with Christians Creek (in the vicinity of Route 81) 4.5 miles upstream.

VI

Natural Trout Waters in Section 4

iv

Buffalo Branch from Route 703 upstream including all named and unnamed tributaries.

ii

Cabin Mill Run (Augusta County) from the Camp Shenandoah Boy Scout Lake upstream including all named and unnamed tributaries.

iv

East Dry Branch (Augusta County) from the confluence of Mountain Run upstream including all named and unnamed tributaries.

iv

Jennings Branch (Augusta County) from the confluence of White Oak Draft upstream including all named and unnamed tributaries.

4a

IV

PWS pH-6.5-9.5

Middle River and its tributaries from Staunton's raw water intake at Gardner Spring to points 5 miles upstream.

5

IV

pH-6.5-9.5

North River and its tributaries from its confluence with the South River upstream to its headwaters, unless otherwise designated in this chapter.

V

Stockable Trout Waters in Section 5

v

pH-6.5-9.5

Beaver Creek (Rockingham County) from its confluence with Briery Branch to the spring at a point 2.75 miles upstream.

v

pH-6.5-9.5

Naked Creek (Augusta County) from 3.7 miles above its confluence with the North River at Route 696, 2 miles upstream.

VI

Natural Trout Waters in Section 5

iv

Big Run (Augusta County) from 0.9 mile above its confluence with Little River upstream including all named and unnamed tributaries.

ii

Black Run (Rockingham County) from its mouth upstream including all named and unnamed tributaries.

iii

Briery Branch (Rockingham County) from river mile 6.9 upstream including all named and unnamed tributaries.

iv

Gum Run from its mouth upstream including all named and unnamed tributaries.

iii

Hone Quarry Run from its confluence with Briery Branch upstream including all named and unnamed tributaries.

iv

Little River from its confluence with the North River at Route 718 upstream including all named and unnamed tributaries.

iv

Maple Spring Run from its mouth upstream including all named and unnamed tributaries.

iv

Mines Run from its confluence with Briery Branch upstream including all named and unnamed tributaries.

iv

Rocky Run (which is tributary to Briery Branch in Rockingham County) from its mouth upstream including all named and unnamed tributaries.

iii

Rocky Run (which is tributary to Dry River in Rockingham County) from its mouth upstream including all named and unnamed tributaries.

ii

Union Springs Run from 3 miles above its confluence with Beaver Creek upstream including all named and unnamed tributaries.

iv

Wolf Run (Augusta County) from its confluence with Briery Branch upstream including all named and unnamed tributaries.

5a

IV

PWS pH-6.5-9.5

Silver Lake

5b

IV

PWS pH-6.5-9.5

North River and its tributaries from Harrisonburg's raw water intake at Bridgewater to points 5 miles above Bridgewater's raw water intake to include Dry River and Muddy Creek.

V

PWS

Stockable Trout Waters in Section 5b

v

pH-6.5-9.5

Mossy Creek from its confluence with the North River 7.1 miles upstream.

v

pH-6.5-9.5

Spring Creek (Rockingham County) from its confluence with the North River 2 miles upstream.

5c

IV

PWS

Dry River (Rockingham County) from Harrisonburg's raw water intake (approximately 11.7 miles above its confluence with the North River) to a point 5 miles upstream, including Skidmore Fork upstream to the headwaters of Switzer Lake, unless otherwise designated in this chapter.

V

PWS

Stockable Trout Waters in Section 5c

viii

Raccoon Run (Rockingham County) from its confluence with Dry River to its headwaters.

VI

PWS

Natural Trout Waters in Section 5c

iv

Dry River (Rockingham County) from Harrisonburg's raw water intake (approximately 11.7 miles above its confluence with the North River) to a point 5 miles upstream.

iv

Dry Run (Rockingham County) from its confluence with Dry River upstream including all named and unnamed tributaries.

iv

Hopkins Hollow from its confluence with Peach Run upstream including all named and unnamed tributaries.

iv

Kephart Run from its confluence with Dry River upstream including all named and unnamed tributaries.

5d

VI

Dry River and its tributaries from 5 miles above Harrisonburg's raw water intake to its headwaters.

V

Stockable Trout Waters in Section 5d

viii

Switzer Lake from its dam upstream to the impoundment headwaters.

VI

Natural Trout Waters in Section 5d

iv

Dry River (Rockingham County) from 5 miles above Harrisonburg's raw water intake upstream including all named and unnamed tributaries.

ii

Laurel Run (Rockingham County) from its confluence with Dry River upstream including all named and unnamed tributaries.

ii

Little Laurel Run from its confluence with Dry River upstream including all named and unnamed tributaries.

ii

Low Place Run from its confluence with Dry River upstream including all named and unnamed tributaries.

iv

Miller Spring Run from its confluence with Dry River upstream including all named and unnamed tributaries.

iii

Sand Run from its confluence with Dry River upstream including all named and unnamed tributaries.

iv

Skidmore Fork from its confluence with Dry River upstream including all named and unnamed tributaries. This does not include Switzer Lake, which is Class V Stockable Trout Waters.

5e

VI

PWS

North River and its tributaries from Staunton Dam to their headwaters unless otherwise designated in this chapter.

V

Stockable Trout Waters in Section 5e

iii

ee

Elkhorn Lake from the dam upstream to the impoundment headwaters.

VI

Natural Trout Waters in Section 5e

iv

North River from the headwaters of Elkhorn Dam Lake upstream including all named and unnamed tributaries.

6

IV

pH-6.5-9.5, ii

North Fork Shenandoah River from its confluence with the Shenandoah River to its headwaters, unless otherwise designated in this chapter.

V

Stockable Trout Waters in Section 6

vi

pH-6.5-9.5

Bear Run from its confluence with Foltz Creek to its headwaters.

vi

pH-6.5-9.5

Bull Run (Shenandoah County) from its confluence with Foltz Creek to its headwaters.

vi

pH-6.5-9.5

Falls Run from its confluence with Stony Creek to its headwaters.

vi

pH-6.5-9.5

Foltz Creek from its confluence with Stony Creek to its headwaters.

vi

pH-6.5-9.5

Little Passage Creek from its confluence with Passage Creek to the Strasburg Reservoir Dam.

***

pH-6.5-9.5, hh

Mill Creek from Mount Jackson to Route 720 - 3.5 miles.

vi

pH-6.5-9.5

Mountain Run from its mouth at Passage Creek to its headwaters.

***

pH-6.5-9.5

Passage Creek from the U.S. Forest Service line (in the vicinity of Blue Hole and Buzzard Rock) 4 miles upstream.

vi

pH-6.5-9.5

Passage Creek from 29.6 miles above its confluence with the North Fork Shenandoah River to its headwaters.

vi

pH-6.5-9.5

Peters Mill Run from the mouth to its headwaters.

***

pH-6.5-9.5

Shoemaker River from 612 at Hebron Church to its junction with Route 817 at its confluence with Slate Lick Branch.

v

pH-6.5-9.5

Stony Creek from its confluence with the North Fork Shenandoah River to Route 682.

***

pH-6.5-9.5

Stony Creek from Route 682 above Edinburg upstream to Basye.

VI

Natural Trout Waters in Section 6

ii

pH-6.5-9.5

Anderson Run (Shenandoah County) from 1.1 miles above its confluence with Stony Creek upstream including all named and unnamed tributaries.

iv

Beech Lick Run from its confluence with the German River upstream including all named and unnamed tributaries.

iii

Bible Run from its confluence with Little Dry River upstream including all named and unnamed tributaries.

ii

Camp Rader Run from its confluence with the German River upstream including all named and unnamed tributaries.

iv

Carr Run from its confluence with Little Dry River upstream including all named and unnamed tributaries.

iv

Clay Lick Hollow from its confluence with Carr Run upstream including all named and unnamed tributaries.

iv

Gate Run from its confluence with Little Dry River upstream including all named and unnamed tributaries.

iv

German River (Rockingham County) from its confluence with the North Fork Shenandoah River at Route 820 upstream including all named and unnamed tributaries.

ii

Laurel Run (Shenandoah County) from its confluence with Stony Creek upstream including all named and unnamed tributaries.

ii

Little Stony Creek from its confluence with Stony Creek upstream including all named and unnamed tributaries.

iv

Marshall Run (Rockingham County) from 1.2 miles above its confluence with the North Fork Shenandoah River upstream including all named and unnamed tributaries.

iii

pH-6.5-9.5

Mine Run (Shenandoah County) from its confluence with Passage Creek upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Poplar Run (Shenandoah County) from its confluence with Little Stony Creek upstream including all named and unnamed tributaries.

iv

pH-6.5-9.5

Rattlesnake Run (Rockingham County) from its confluence with Spruce Run upstream including all named and unnamed tributaries.

iv

Root Run from its confluence with Marshall Run upstream including all named and unnamed tributaries.

iv

Seventy Buck Lick Run from its confluence with Carr Run upstream including all named and unnamed tributaries.

iv

Sirks Run (Spring Run) from 1.3 miles above its confluence with Crab Run upstream including all named and unnamed tributaries.

iv

pH-6.5-9.5

Spruce Run (Rockingham County) from its confluence with Capon Run upstream including all named and unnamed tributaries.

iv

pH-6.5-9.5

Sumac Run from its confluence with the German River upstream including all named and unnamed tributaries.

6a

IV V

PWS pH-6.5-9.5

Little Passage Creek from the Strasburg Reservoir Dam upstream to its headwaters, unless otherwise designated in this chapter.

V

PWS

Stockable Trout Waters in Section 6a

vi

pH-6.5-9.5

Little Passage Creek from the Strasburg Reservoir Dam upstream to its headwaters.

6b

IV

PWS pH-6.5-9.5

North Fork Shenandoah River and its tributaries from the Winchester raw water intake to points 5 miles upstream (to include Cedar Creek and its tributaries to their headwaters).

V

PWS

Stockable Trout Waters in Section 6b

***

pH-6.5-9.5

Cedar Creek (Shenandoah County) from Route 55 (river mile 23.56) to the U.S. Forest Service Boundary (river mile 32.0) - approximately 7 miles.

v

PWS pH-6.5-9.5

Meadow Brook (Frederick County) from its confluence with Cedar Creek 5 miles upstream.

VI

PWS

Natural Trout Waters in Section 6b

iii

pH-6.5-9.5

Cedar Creek (Shenandoah County) from the U.S. Forest Service boundary (river mile 32.0) near Route 600 upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Duck Run from its confluence with Cedar Creek upstream including all named and unnamed tributaries.

Paddy Run (Frederick County) from the mouth upstream including all named and unnamed tributaries.

***

Paddy Run (Frederick County) from its mouth (0.0) to river mile 1.8.

vi**

Paddy Run (Frederick County) from river mile 1.8 to river mile 8.1-6.3 miles.

iii

pH-6.5-9.5

Sulphur Springs Gap (Shenandoah County) from its confluence with Cedar Creek 1.9 miles upstream.

6c

IV

PWS pH-6.5-9.5

North Fork Shenandoah River and its tributaries from Strasburg's raw water intake to points 5 miles upstream.

6d

IV

PWS pH-6.5-9.5

North Fork Shenandoah River and its tributaries from Woodstock's raw water intake (approximately 0.25 mile upstream of State Route 609 bridge near Woodstock) to points 5 miles upstream.

6e

IV

PWS pH-6.5-9.5

Smith Creek and its tributaries from New Market's raw water intake to their headwaters.

Natural Trout Waters in Section 6e

iv

pH-6.5-9.5

Mountain Run (Fridley Branch, Rockingham County) from Route 722 upstream including all named and unnamed tributaries.

6f

IV

PWS pH-6.5-9.5

North Fork Shenandoah River and its tributaries from the Food Processors Water Coop, Inc. dam at Timberville and the Town of Broadway's intakes on Linville Creek and the North Fork Shenandoah to points 5 miles upstream.

6g

IV

Shoemaker River and its tributaries from Slate Lick Run, and including Slate Lick Run, to its headwaters.

V

Stockable Trout Waters in Section 6g

***

Slate Lick Run from its confluence with the Shoemaker River upstream to the 1500 foot elevation.

VI

Natural Trout Waters in Section 6g

iv

Long Run (Rockingham County) from its confluence with the Shoemaker River upstream including all named and unnamed tributaries.

iv

Slate Lick Run from the 1500 foot elevation upstream including all named and unnamed tributaries.

6h

IV

PWS pH-6.5-9.5

Unnamed tributary of North Fork Shenandoah River (on the western slope of Short Mountain opposite Mt. Jackson) from the Town of Mt. Jackson's (inactive mid-1992) raw water intake (north and east dams) to its headwaters.

6i

IV

PWS pH-6.5-9.5

Little Sulfur Creek, Dan's Hollow and Horns Gully (tributaries of the North Fork Shenandoah River on the western slope of Short Mountain opposite Mt. Jackson) which served as a water supply for the Town of Edinburg until March 31, 1992, from the Edinburg intakes upstream to their headwaters.

9VAC25-260-410. James River Basin (Lower).

SEC.

CLASS

SP. STDS.

SECTION DESCRIPTION

EDITOR'S NOTE: Sections 2, 3, and 4 of 9VAC25-260-410 are not amended; therefore, that text is not set out.

1

II

a,z, bb, ESW-11

James River and its tidal tributaries from Old Point Comfort - Fort Wool to the end of tidal waters (fall line, Mayo's Bridge, 14th Street, Richmond), except prohibited or spoil areas, unless otherwise designated in this chapter.

1a

III

Free flowing or nontidal portions of streams in Section 1, unless otherwise designated in this chapter.

VII

Swamp waters in Section 1a

Gunns Run and its tributaries from the head of tide at river mile 2.64 to its headwaters.

1b

II

a,z

Eastern and Western Branches of the Elizabeth River and tidal portions of their tributaries from their confluence with the Elizabeth River to the end of tidal waters.

1c

III

Free flowing portions of the Eastern Branch of the Elizabeth River and its tributaries. Includes Salem Canal up to its intersection with Timberlake Road at N36°48'35.67"/W76°08'31.70".

1d

II

a,z

Southern Branch of the Elizabeth River from its confluence with the Elizabeth River to the lock at Great Bridge.

1e

III

Free flowing portions of the Western Branch of the Elizabeth River and of the Southern Branch of the Elizabeth River from their confluence with the Elizabeth River to the lock at Great Bridge.

1f

II

a

Nansemond River and its tributaries from its confluence with the James River to Suffolk (dam at Lake Meade), unless otherwise designated in this chapter.

1g

III

Shingle Creek from its confluence with the Nansemond River to its headwaters in the Dismal Swamp. (Deleted)

VII

Swamp waters in Section 1g 1f

Shingle Creek and its tributaries from the head of tide (approximately 500 feet downstream of Route 13/337) to their headwaters.

1h

III

PWS

Lake Prince, Lake Burnt Mills and Western Branch impoundments for Norfolk raw water supply and Lake Kilby - Cahoon Pond, Lake Meade and Lake Speight impoundments for Portsmouth raw water supply and including all tributaries to these impoundments.

VII

Swamp waters in Section 1h

Eley Swamp and its tributaries from Route 736 upstream to their headwaters.

1i

III

Free flowing portions of the Pagan River and its free flowing tributaries.

1j

(Deleted)

1k

III

PWS

Skiffes Creek Reservoir (Newport News water impoundment).

1l

III

PWS

The Lone Star lakes and impoundments in the City of Suffolk, Chuckatuck Creek watershed which serve as a water source for the City of Suffolk.

1m

III

PWS

The Lee Hall Reservoir system, near Skiffes Creek and the Warwick River, in the City of Newport News.

1n

III

PWS

Chuckatuck Creek and its tributaries from Suffolk's raw water intake (at Godwin's Millpond) to a point 5 miles upstream.

1o

II

PWS, bb

James River from City Point (Hopewell) to a point 5 miles upstream.

1p

III

PWS

Free flowing tributaries to section 1o.

9VAC25-260-420. James River Basin (Middle).

SEC.

CLASS

SP. STDS.

SECTION DESCRIPTION

EDITOR'S NOTE: Sections 6 through 10 of 9VAC25-260-420 are not amended; therefore, that text is not set out.

11

III

ESW-7, 8, 22, 23, 24, 25, 26, 27

James River and its tributaries from, but not including, the Rockfish River to Balcony Falls, unless otherwise designated in this chapter.

V

Stockable Trout Waters in Section 11

vi

Dancing Creek from the junction of Routes 610 and 641 to its headwaters.

vi

North Fork Buffalo River from its confluence with the Buffalo River 1.8 miles upstream.

vi

Pedlar River from the confluence of Enchanted Creek to Lynchburg's raw water intake.

vi

Terrapin Creek from its confluence with Otter Creek to its headwaters.

***

Tye River from Tyro upstream to its confluence with the South and North Fork Tye Rivers.

VI

Natural Trout Waters in Section 11

ii

Big Branch from its confluence with the Pedlar River upstream including all named and unnamed tributaries.

ii

Bluff Creek from its confluence with Enchanted Creek upstream including all named and unnamed tributaries.

ii

Browns Creek from its confluence with the Pedlar River upstream including all named and unnamed tributaries.

ii

Campbell Creek (Nelson County) from its confluence with the Tye River upstream including all named and unnamed tributaries.

ii

Cove Creek from its confluence with the North Fork Buffalo River upstream including all named and unnamed tributaries.

ii

Coxs Creek from its confluence with the Tye River upstream including all named and unnamed tributaries.

ii

Crabtree Creek (Nelson County) from its confluence with the South Fork Tye River upstream including all named and unnamed tributaries.

ii

Crawleys Creek from its confluence with the Piney River upstream including all named and unnamed tributaries.

ii

Cub Creek (Nelson County) from 1.4 miles above its confluence with the Tye River (in the vicinity of Route 699), upstream including all named and unnamed tributaries.

ii

Davis Mill Creek from its confluence with the Pedlar River upstream including all named and unnamed tributaries.

ii

Durham Run from its confluence with the North Fork Tye River upstream including all named and unnamed tributaries.

ii

Elk Pond Branch from its confluence with the North Fork Piney River upstream including all named and unnamed tributaries.

ii

Enchanted Creek from its confluence with the Pedlar River upstream including all named and unnamed tributaries.

ii

Georges Creek from its confluence with the Little Piney River upstream including all named and unnamed tributaries.

ii

Greasy Spring Branch from its confluence with the South Fork Piney River upstream including all named and unnamed tributaries.

ii

Harpers Creek from its confluence with the Tye River upstream including all named and unnamed tributaries.

ii

King Creek from its confluence with the Little Piney River upstream including all named and unnamed tributaries.

ii

Lady Slipper Run from its confluence with the Pedlar River upstream including all named and unnamed tributaries.

ii

Little Cove Creek from its confluence with the North Fork Buffalo River upstream including all named and unnamed tributaries.

iii

Little Irish Creek from its confluence with the Pedlar River upstream including all named and unnamed tributaries.

ii

Little Piney River from its confluence with the Piney River upstream including all named and unnamed tributaries.

i

Louisa Spring Branch from its confluence with the North Fork Piney River 1.6 miles upstream.

ii

Maidenhead Branch from its confluence with the South Fork Tye River upstream including all named and unnamed tributaries.

ii

Meadow Creek (Nelson County) from its confluence with the South Fork Tye River upstream including all named and unnamed tributaries.

ii

Mill Creek (Nelson County) from its confluence with the North Fork Tye River upstream including all named and unnamed tributaries.

ii

Mill Creek (Nelson County) from its confluence with the South Fork Tye River upstream including all named and unnamed tributaries.

ii

Nicholson Run from its confluence with Lady Slipper Run upstream including all named and unnamed tributaries.

ii

North Fork Buffalo River from 1.8 miles above its confluence with the Buffalo River upstream including all named and unnamed tributaries.

i

North Fork Piney River from its confluence with the Piney River upstream including all named and unnamed tributaries.

iii

North Fork Thrashers Creek from its confluence with Thrashers Creek upstream including all named and unnamed tributaries.

North Fork Tye River from its confluence with the Tye River upstream including all named and unnamed tributaries.

iii

(North Fork Tye River from its confluence with the Tye River 1.6 miles upstream.)

ii

(North Fork Tye River from 1.6 miles above its confluence with the Tye River 8.3 miles upstream.)

iii

Pedlar River from 5 miles above Lynchburg's raw water intake upstream including all named and unnamed tributaries.

ii

Piney River from river mile 13.3 upstream including all named and unnamed tributaries.

ii

Pompey Creek from its confluence with the Little Piney River upstream including all named and unnamed tributaries.

ii

Reed Creek from the junction of Routes 764 and 638 upstream including all named and unnamed tributaries.

ii

Rocky Branch from its confluence with the North Fork Buffalo River upstream including all named and unnamed tributaries.

ii

Rocky Run (Nelson County) from 1.6 miles above its confluence with the Tye River upstream including all named and unnamed tributaries.

i

Shoe Creek (Nelson County) from its confluence with Piney River upstream including all named and unnamed tributaries.

iii

Silver Creek from its confluence with the Tye River upstream including all named and unnamed tributaries.

ii

South Fork Piney River from its confluence with the Piney River upstream including all named and unnamed tributaries.

ii

South Fork Tye River from its confluence with the Tye River upstream including all named and unnamed tributaries.

ii

Statons Creek from its confluence with the Pedlar River upstream including all named and unnamed tributaries.

iii

Wheelers Run from its confluence with the Pedlar River upstream including all named and unnamed tributaries.

ii

White Rock Creek (Nelson County) from its confluence with the North Fork Tye River upstream including all named and unnamed tributaries.

ii

Wiggins Branch from its confluence with Statons Creek upstream including all named and unnamed tributaries.

11a

III

PWS

Unnamed tributary to Williams Creek from Sweet Briar College's (inactive) raw water intake to its headwaters.

11b

III

PWS

Buffalo River and its tributaries from Amherst's raw water intake to points 5 miles upstream.

11c

III

PWS

Black Creek and its tributaries from the Nelson County Service Authority intake (approximately 1000 1,000 feet downstream of the Route 56 bridge) upstream to their headwaters (including the reservoir).

11d

III

James River and its tributaries from a point 0.25 mile above the confluence of the Tye River to Six Mile Bridge.

11e

III

James River and its tributaries, excluding Blackwater Creek, from Six Mile Bridge to the Business Route 29 bridge 5th Street Bridge in Lynchburg.

11f

(Deleted)

11g

III

PWS

James River and its tributaries from the Business Route 29 bridge in Lynchburg to Reusens Dam to include the City of Lynchburg's alternate raw water intake at the Route 29 bridge and the Amherst County Service Authority's intake on Harris and Graham Creeks.

11h

III

PWS

James River and its tributaries, excluding the Pedlar River, from Reusens Dam to Coleman Dam, including the Eagle Eyrie raw water intake on an unnamed tributary to Judith Creek 1.0 mile from the confluence with Judith Creek, to its headwaters, and also the City of Lynchburg's raw water intake on the James River at Abert.

11i

III

PWS,ESW-5, 8, 2, 23

Pedlar River and its tributaries from Lynchburg's raw water intake to points 5 miles upstream.

V

Stockable Trout Waters in Section 11i

vi

Pedlar River from Lynchburg's raw water intake to a point 5 miles upstream.

VI

Natural Trout Waters in Section 11i

ii

Brown Mountain Creek from its confluence with the Pedlar River upstream including all named and unnamed tributaries.

iii

Roberts Creek from its confluence with the Pedlar River upstream including all named and unnamed tributaries.

11j

III

James River and its tributaries from the Owens-Illinois raw water intake near Big Island to Balcony Falls.

V

Stockable Trout Waters in Section 11j

vi

Battery Creek from its confluence with the James River to its headwaters.

vi

Cashaw Creek from its confluence with the James River to its headwaters.

vi

Otter Creek from its confluence with the James River to a point 4.9 miles upstream.

vi

Rocky Row Run from its confluence with the James River to its headwaters.

VI

Natural Trout Waters in Section 11j

iii

Falling Rock Creek from its confluence with Peters Creek upstream including all named and unnamed tributaries.

ii

Hunting Creek from a point 3.7 miles from its confluence with the James River upstream including all named and unnamed tributaries.

iii

Otter Creek from 4.9 miles above its confluence with the James River upstream including all named and unnamed tributaries.

ii

Peters Creek from a point 0.2 mile above its confluence with the James River upstream including all named and unnamed tributaries.

11k

(Deleted)

9VAC25-260-440. Rappahannock River Basin.

SEC.

CLASS

SP. STDS.

SECTION DESCRIPTION

1

II

a

Rappahannock River and the tidal portions of its tributaries from Stingray and Windmill Points to Route 1 Alternate Bridge at Fredericksburg.

1a

II

Hoskins Creek from the confluence with the Rappahannock River to its tidal headwaters.

2

III

Free flowing tributaries of the Rappahannock from Stingray and Windmill Points upstream to Blandfield Point, unless otherwise designated in this chapter.

VII

Swamp waters in Section 2

Cat Point Creek and its tributaries, from their headwaters to the head of tide at river mile 10.54.

Hoskins Creek and its nontidal tributaries from the head of tidal waters to their headwaters.

Mount Landing Creek and its tributaries from the end of tidal waters at river mile 4.4 to their headwaters.

Piscataway Creek and its tributaries from the confluence of Sturgeon Swamp to their headwaters.

3

III

The Rappahannock River from the Route 1 Alternate Bridge at Fredericksburg upstream to the low dam water intake at Waterloo (Fauquier County) its headwaters, unless otherwise designated in this chapter.

3a

III

PWS

The Rappahannock River and its tributaries from Spotsylvania County's raw water intake near Golin Run to points 5 miles upstream of the Rocky Pen Run Reservoir (Lake Mooney) pump and store intake (excluding Motts Run and tributaries, which is in Section 4c).

3b

III

PWS

The Rappahannock River and its tributaries from the low dam water intake at Waterloo (Fauquier County) to points 5 miles upstream.

4

III

ESW 17,18, 28

Free flowing tributaries of the Rappahannock from Blandfield Point the Route 1 Alternate Bridge at Fredericksburg to its headwaters, unless otherwise designated in this chapter.

VII

Swamp waters in Section 4

Goldenvale Creek from the head of tidal waters near the confluence with the Rappahannock River to its headwaters.

Occupacia Creek and its tributaries from the end of tidal waters at river mile 8.89 on Occupacia Creek to their headwaters.

V

Stockable Trout Waters in Section 4

***

Hughes River (Madison County) from Route 231 upstream to the upper crossing of Route 707 near the confluence of Rocky Run.

***

Robinson River from Route 231 to river mile 26.7.

***

Rose River from its confluence with the Robinson River 2.6 miles upstream.

***

South River from 5 miles above its confluence with the Rapidan River 3.9 miles upstream.

VI

Natural Trout Waters in Section 4

ii

Berry Hollow from its confluence with the Robinson River upstream including all named and unnamed tributaries.

ii

Bolton Branch from 1.7 miles above its confluence with Hittles Mill Stream upstream including all named and unnamed tributaries.

ii

Broad Hollow Run from its confluence with Hazel River upstream including all named and unnamed tributaries.

i

Brokenback Run from its confluence with the Hughes River upstream including all named and unnamed tributaries.

i

Bush Mountain Stream from its confluence with the Conway River upstream including all named and unnamed tributaries.

i

Cedar Run (Madison County) from 0.8 mile above its confluence with the Robinson River upstream including all named and unnamed tributaries.

i

Conway River (Greene County) from the Town of Fletcher upstream including all named and unnamed tributaries.

ii

Dark Hollow from its confluence with the Rose River upstream including all named and unnamed tributaries.

i

Devils Ditch from its confluence with the Conway River upstream including all named and unnamed tributaries.

iii

Entry Run from its confluence with the South River upstream including all named and unnamed tributaries.

iii

Garth Run from 1.9 miles above its confluence with the Rapidan River at the Route 665 crossing upstream including all named and unnamed tributaries.

ii

Hannah Run from its confluence with the Hughes River upstream including all named and unnamed tributaries.

ii

Hazel River (Rappahannock County) from the Route 707 bridge upstream including all named and unnamed tributaries.

ii

Hogcamp Branch from its confluence with the Rose River upstream including all named and unnamed tributaries.

i

Hughes River (Madison County) from the upper crossing of Route 707 near the confluence of Rocky Run upstream including all named and unnamed tributaries.

iii

Indian Run (Rappahannock County) from 3.4 miles above its confluence with the Hittles Mill Stream upstream including all named and unnamed tributaries.

ii

Jordan River (Rappahannock County) from 10.9 miles above its confluence with the Rappahannock River upstream including all named and unnamed tributaries.

iii

Kinsey Run from its confluence with the Rapidan River upstream including all named and unnamed tributaries.

ii

Laurel Prong from its confluence with the Rapidan River upstream including all named and unnamed tributaries.

ii

Mill Prong from its confluence with the Rapidan River upstream including all named and unnamed tributaries.

ii

Negro Run (Madison County) from its confluence with the Robinson River upstream including all named and unnamed tributaries.

ii

North Fork Thornton River from 3.2 miles above its confluence with the Thornton River upstream including all named and unnamed tributaries.

ii

Piney River (Rappahannock County) from 0.8 mile above its confluence with the North Fork Thornton River upstream including all named and unnamed tributaries.

ii

Pocosin Hollow from its confluence with the Conway River upstream including all named and unnamed tributaries.

ii

Ragged Run from 0.6 mile above its confluence with Popham Run upstream including all named and unnamed tributaries.

i

Rapidan River from Graves Mill (Route 615) upstream including all named and unnamed tributaries.

ii

Robinson River (Madison County) from river mile 26.7 to river mile 29.7.

i

Robinson River (Madison County) from river mile 29.7 upstream including all named and unnamed tributaries.

i

Rose River from river mile 2.6 upstream including all named and unnamed tributaries.

iv

Rush River (Rappahannock County) from the confluence of Big Devil Stairs (approximate river mile 10.2) upstream including all named and unnamed tributaries.

ii

Sams Run from its confluence with the Hazel River upstream including all named and unnamed tributaries.

ii

South River from 8.9 miles above its confluence with the Rapidan River upstream including all named and unnamed tributaries.

ii

Sprucepine Branch from its confluence with Bearwallow Creek upstream including all named and unnamed tributaries.

i

Staunton River (Madison County) from its confluence with the Rapidan River upstream including all named and unnamed tributaries.

ii

Strother Run from its confluence with the Rose River upstream including all named and unnamed tributaries.

iii

Thornton River (Rappahannock County) from 25.7 miles above its confluence with the Hazel River upstream including all named and unnamed tributaries.

ii

Wilson Run from its confluence with the Staunton River upstream including all named and unnamed tributaries.

4a

(Deleted)

4b

III

PWS

The Rappahannock River and its tributaries, to include the VEPCO Canal, from Fredericksburg's (inactive May 2000) raw water intake to points 5 miles upstream.

4c

III

PWS

Motts Run and its tributaries.

4d

III

Horsepen Run and its tributaries.

4e

III

PWS

Hunting Run and its tributaries.

4f

III

Wilderness Run and its tributaries.

4g

III

Deep Run and its tributaries (Stafford and Fauquier Counties).

4h

(Deleted)

4i

III

PWS

Mountain Run and its tributaries from Culpeper's raw water intake to points 5 miles upstream.

4j

III

PWS

White Oak Run and its tributaries from the Town of Madison's raw water intake to points 5 miles upstream.

4k

III

PWS

Rapidan River and its tributaries from Orange's raw water intake near Poplar Run to points 5 miles upstream.

4l

III

PWS

Rapidan River and its tributaries from the Rapidan Service Authority's raw water intake (just upstream of the Route 29 bridge) upstream to points 5 miles above the intake.

4m

III

PWS

Rapidan River and its tributaries from the Wilderness Shores raw water intake (Orange County - Rapidan Service Authority) to points 5 miles upstream.

4n

III

PWS

From the dam of the White Run pumped storage reservoir on an unnamed tributary to White Run upstream to its headwaters.

9VAC25-260-470. Chowan and Dismal Swamp (Chowan River Subbasin).

SEC.

CLASS

SP. STDS.

SECTION DESCRIPTION

EDITOR'S NOTE: Sections 1, 3 and 4 of 9VAC25-260-470 are not amended; therefore, that text is not set out.

2

VII

NEW-21

Blackwater River from the end of tidal waters to its headwaters and its free flowing tributaries in Virginia, unless otherwise designated in this chapter.

2a

VII

PWS

Blackwater River and its tributaries from Norfolk's auxiliary raw water intake near Burdette, Virginia, to points 5 miles above the raw water intake, to include Corrowaugh Swamp to a point 5 miles above the raw water intake.

2b

III

Nottoway River from the end of tidal waters to its headwaters and its free flowing tributaries in Virginia, unless otherwise designated in this chapter.

VII

Swamp waters in Section 2b

Assamoosick Swamp and its tributaries from river mile 2.50 to its headwaters.

Black Branch Swamp from its confluence with the Nottoway River to its headwaters.

Butterwood Creek from river mile 4.65 (near Route 622) upstream to river mile 14.59 (near Route 643).

Cabin Point Swamp and its tributaries from its confluence with the Nottoway River to its headwaters.

Cooks Branch from its confluence with Butterwood Creek to river mile 1.08

Gosee Swamp and its tributaries from its confluence with the Nottoway River to river mile 6.88.

Gravelly Run and its tributaries from its confluence with Rowanty Creek to river mile 8.56.

Harris Swamp and its tributaries from its confluence with the Nottoway River to river mile 8.72.

Hatcher Run and its tributaries from its confluence with Rowanty Creek to river mile 19.27 excluding Picture Branch.

Hunting Quarter Swamp and its tributaries from its confluence with the Nottoway River to its headwaters.

Moores and Jones Holes Swamp and tributaries from their confluence with the Nottoway River to its headwaters.

Nebletts Mill Run and its tributaries from its confluence with the Nottoway River to its headwaters.

Raccoon Creek and its tributaries from its confluence with the Nottoway River to its headwaters.

Rowanty Creek and its tributaries from its confluence with the Nottoway River to Gravelly Run.

Southwest Swamp and its tributaries from its confluence with Stony Creek to river mile 8.55.

Three Creek and its tributaries from its confluence with the Nottoway River upstream to its headwaters at Slagles Lake.

2c

III

PWS

Nottoway River and its tributaries from Norfolk's auxiliary raw water intake near Courtland, Virginia, to points 5 miles upstream unless otherwise designated in this chapter.

VII

Swamp waters in Section 2c

Assamoosick Swamp and its tributaries from its confluence with the Nottoway River to river mile 2.50.

2d

(Deleted)

2e

III

PWS

Nottoway River and its tributaries from the Georgia-Pacific and the Town of Jarratt's raw water intakes near Jarratt, Virginia, to points 5 miles above the intakes.

2f

III

PWS

Nottoway River and its tributaries from the Town of Blackstone's raw water intake to points 5 miles upstream.

2g

III

PWS

Lazaretto Creek and its tributaries from Crewe's raw water intake to points 5 miles upstream.

2h

III

PWS

Modest Creek and its tributaries from Victoria's raw water intake to their headwaters.

2i

III

PWS

Nottoway River and its tributaries from the Town of Victoria's raw water intake at the Falls (about 200 feet upstream from State Route 49) to points 5 miles upstream.

2j

III

PWS

Big Hounds Creek from the Town of Victoria's auxiliary raw water intake (on Lunenburg Lake) to its headwaters.

9VAC25-260-500. Tennessee and Big Sandy River Basins (Clinch River Subbasin).

SEC.

CLASS

SP. STDS.

SECTION DESCRIPTION

EDITOR'S NOTE: Section 2 of 9VAC25-260-500 is not amended; therefore, that text is not set out.

1

IV

Powell River and its tributaries from the Virginia-Tennessee state line to their headwaters; Indian Creek and Martin Creek in Virginia, unless otherwise designated in this chapter.

V

Stockable Trout Waters in Section 1

vi

Batie Creek from its confluence with the Powell River 0.8 mile upstream.

vi

Dry Creek from its confluence with Hardy Creek to its headwaters.

vi

Hardy Creek and its tributaries to their headwaters.

vi

Lick Branch from its confluence with Indian Creek 1.4 miles upstream.

vi

Martin Creek (Lee County) from the Virginia-Tennessee state line to its headwaters.

vii

North Fork Powell River from the confluence of Straight Creek upstream to its headwaters the Keokee Lake dam.

vi

Poor Valley Branch from its confluence with Martin Creek 1.4 miles upstream.

vi

Sims Creek from its confluence with the Powell River 1.1 miles upstream to Sims Spring.

vi

Station Creek at the boundary of the Cumberland Gap National Historical Park (river mile 2.2) 2.6 miles upstream.

vi

Wallen Creek above its confluence with the Powell River (at Rasnic Hollow) to its headwaters.

vi

White Branch from its confluence with Poor Valley Branch 0.7 mile upstream (to the Falls at Falling Water Gap).

1a

IV

PWS

Powell River and its tributaries from Pennington Gap's raw water intake to 5 miles upstream.

1b

IV

PWS

Bens Branch from Appalachia's raw water intake to its headwaters.

1c

IV

PWS

South Fork Powell River from Big Stone Gap's raw water intake to its headwaters.

1d

IV

PWS

Benges Branch from Norton's raw water intake to its headwaters.

1e

IV

PWS

Robinette Branch from Norton's raw water intake to its headwaters.

1f

IV

PWS

Fleenortown Creek and its tributaries from the Winn #1 and Barker Springs intakes (which provide raw water to the Town of Jonesville WTP) to points 5 miles upstream.

DOCUMENTS INCORPORATED BY REFERENCE (9VAC25-260)

Chesapeake Bay Program Analytical Segmentation Scheme - Revisions, Decisions and Rationales 1983-2003, EPA 903-R-04-008, CBP/TRS 268/04, October 2004, US EPA Region III Chesapeake Bay Office

Chesapeake Bay Program Analytical Segmentation Scheme - Revisions, Decisions and Rationales 1983-2003, EPA 903-R-05-004, CBP/TRS 278-06, 2005 Addendum, December 2005, US EPA Region III Chesapeake Bay Office

Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and Its Tidal Tributaries, EPA 903-R-03-002, April 2003 and 2004 Addendum, October 2004, US EPA Region III Chesapeake Bay Office

Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and Its Tidal Tributaries, EPA 903-R-07-003, CBP/TRS 285/07 2007 Addendum, July 2007, US EPA Region III Chesapeake Bay Office

Technical Support Document for Identification of Chesapeake Bay Designated Uses and Attainability, EPA 903-R-03-004, October 2003 and 2004 Addendum, October 2004, US EPA Region III Chesapeake Bay Office

Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and its Tidal Tributaries - 2007 Chlorophyll Criteria Addendum, EPA 903-R-07-005, CBP/TRS 288/07, November 2007, U.S. EPA Region III Chesapeake Bay Office

Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and its Tidal Tributaries - 2008 Technical Support for Criteria Assessment Protocols Addendum, EPA 903-R-08-001, CBP/TRS 290-08, September 2008, U.S. EPA Region III Chesapeake Bay Office

Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and its Tidal Tributaries - 2010 Technical Support for Criteria Assessment Protocols Addendum, EPA 903-R-10-002, CBP/TRS 301-10, May 2010, U.S. EPA Region III Chesapeake Bay Office

Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and Its Tidal Tributaries - 2017 Technical Addendum, EPA 903-R-17-002, CBP/TRS 320-17, November 2017, U.S. EPA Region III Chesapeake Bay Office

Aquatic Life Ambient Freshwater Quality Criteria-Copper, EPA-822-R-07-001, U.S. EPA, Office of Water, February 2007 Revision

Final Aquatic Life Ambient Water Quality Criteria for Aluminum, EPA-822-R-18-001, U.S. EPA, Office of Water, December 2018

VA.R. Doc. No. R21-6555; Filed December 28, 2021