TITLE 9. ENVIRONMENT
REGISTRAR'S NOTICE: The State Water Control Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 14 of the Code of Virginia, which exempts adoption, amendment, or repeal of wasteload allocations by the State Water Control Board pursuant to State Water Control Law (§ 62.1-44.2 et seq. of the Code of Virginia) if the board (i) provides public notice in the Virginia Register; (ii) if requested by the public during the initial public notice 30-day comment period, forms an advisory group composed of relevant stakeholders; (iii) receives and provides summary response to written comments; and (iv) conducts at least one public meeting.
Title of Regulation: 9VAC25-720. Water Quality Management Planning Regulation (amending 9VAC25-720-110, 9VAC25-720-130).
Statutory Authority: § 62.1-44.15 of the Code of Virginia; 33 USC § 1313(e) of the Clean Water Act.
Effective Date: May 1, 2019.
Agency Contact: Mark Richards, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4392, FAX (804) 698-4032, or email mark.richards@deq.virginia.gov.
Summary:
The amendments to the state's Water Quality Management Planning Regulation (9VAC25-720) include the addition of (i) one new total maximum daily load (TMDL) wasteload allocation in the Chesapeake Bay - Small Coastal - Eastern Shore River Basin and (ii) six new TMDL wasteload allocations in the New River Basin.
9VAC25-720-110. Chesapeake Bay -- Small Coastal -- Eastern Shore River Basin.
A. Total maximum daily loads (TMDLs).
TMDL # | Stream Name | TMDL Title | City/County | WBID | Pollutant | WLA1 | Units |
EDITOR'S NOTE: Rows numbered 1 through 130 in this TMDL table in subsection A of 9VAC25-720-110 are not amended; therefore, the text of those rows is not set out. |
131. | Rudee Inlet | TMDL for Bacteria and a Proactive Implementation Approach for Dissolved Oxygen Impairment for Rudee Inlet, Virginia Beach, Virginia | Virginia Beach | D07E | Fecal coliform | 2.20E+13 | counts/yr |
Notes:
1The total WLA can be increased prior to modification provided that DEQ tracks these changes for bacteria TMDLs where the permit is consistent with water quality standards for bacteria. 2There were no point source dischargers in the modeled TMDL area. 3This WLA represents only the Virginia portion of the watershed. |
EDITOR'S NOTE: Subsections B and C of 9VAC25-720-110 are not amended; therefore, the text of those subsections is not set out. |
9VAC25-720-130. New River Basin.
A. Total maximum daily loads (TMDLs).
TMDL # | Stream Name | TMDL Title | City/County | WBID | Pollutant | WLA1 | Units |
EDITOR'S NOTE: Rows numbered 1 through 53 in this TMDL table in subsection A of 9VAC25-720-130 are not amended; therefore, the text of those rows is not set out. |
54. | Reed Creek | PCB TMDL Development for Reed Creek, the Upper New River, Peak Creek, Walker Creek, Stony Creek, and the Lower New River | Radford, Montgomery, Giles, Pulaski, Wythe | N11R | PCBs | 2,548.2 | mg/year |
55. | Upper New River | PCB TMDL Development for Reed Creek, the Upper New River, Peak Creek, Walker Creek, Stony Creek, and the Lower New River | Radford, Montgomery, Giles, Pulaski, Wythe | N08R, N16R | PCBs | 1,616.5 | mg/year |
56. | Peak Creek | PCB TMDL Development for Reed Creek, the Upper New River, Peak Creek, Walker Creek, Stony Creek, and the Lower New River | Radford, Montgomery, Giles, Pulaski, Wythe | N17R | PCBs | 345 | mg/year |
57. | Walker Creek | PCB TMDL Development for Reed Creek, the Upper New River, Peak Creek, Walker Creek, Stony Creek, and the Lower New River | Radford, Montgomery, Giles, Pulaski, Wythe | N25R | PCBs | 13.6 | mg/year |
58. | Stony Creek | PCB TMDL Development for Reed Creek, the Upper New River, Peak Creek, Walker Creek, Stony Creek, and the Lower New River | Radford, Montgomery, Giles, Pulaski, Wythe | N28R | PCBs | 7,601.9 | mg/year |
59. | Lower New River | PCB TMDL Development for Reed Creek, the Upper New River, Peak Creek, Walker Creek, Stony Creek, and the Lower New River | Radford, Montgomery, Giles, Pulaski, Wythe | N18R, N22R, N23R, N24R, N29R, N35R | PCBs | 38,868 | mg/year |
Notes:
1The total WLA can be increased prior to modification provided that DEQ tracks these changes for bacteria TMDLs where the permit is consistent with water quality standards for bacteria. |
EDITOR'S NOTE: Subsection B of 9VAC25-720-130 is not amended; therefore, the text of this subsection is not set out. |
VA.R. Doc. No. R19-5780; Filed March 12, 2019, 12:25 p.m.