Vol. 28 Iss. 6 - November 21, 2011

Chapter 260
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Water Control Board intends to consider amending 9VAC25-260, Water Quality Standards. The purpose of the proposed action is to amend the state's antidegradation policy (9VAC25-260-30), part of the Water Quality Standards, by designating as exceptional state waters (9VAC25-260-30 A 3 c) a segment of Bull Run from the confluence of Little Bull Run (locally known as Catharpin Run) downstream to the crossing of Interstate 66. The exceptional state waters category of the antidegradation policy allows the board to designate waters that display exceptional environmental settings and either exceptional aquatic communities or exceptional recreational opportunities for added protection. Once designated, the antidegradation policy provides that no water quality degradation would be allowed in the exceptional state waters (i.e., no new, additional, or increased point source discharge of sewage, industrial wastes, or other pollution, including storm water, would be allowed into waters designated exceptional state waters). The only exception would be temporary, limited impact activities. By ensuring that no water quality degradation is allowed to occur in waters with exceptional environmental settings and either exceptional recreational opportunities and/or exceptional aquatic communities, the board is protecting these special waters at their present quality for use and enjoyment by future generations of Virginians.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

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

Public Comment Deadline: January 3, 2012.

Agency Contact: David C. Whitehurst, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4121, FAX (804) 698-4116, or email

VA.R. Doc. No. R12-3003; Filed October 20, 2011, 2:25 p.m.