Vol. 38 Iss. 1 (Proposed) 9VAC25-820, General Virginia Pollutant Discharge Elimination System (Vpdes) Watershed Permit Regulation For Total Nitrogen And Total Phosphorus Discharges And Nutrient Trading In The Chesapeake Bay Watershed In Virginia August 30, 2021

REGULATIONS
Vol. 38 Iss. 1 - August 30, 2021

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TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Chapter 820

Proposed

Titles of Regulations: 9VAC25-720. Water Quality Management Planning Regulation (amending 9VAC25-720-50, 9VAC25-720-60, 9VAC25-720-70, 9VAC25-720-120).

9VAC25-820. General Virginia Pollutant Discharge Elimination System (VPDES) Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia (amending 9VAC25-820-40, 9VAC25-820-70, 9VAC25-820-80).

Statutory Authority: § 62.1-44.15 of the Code of Virginia; 33 USC § 1313(e) of the Clean Water Act.

Public Hearing Information:

October 7, 2021 - noon - Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060

Public Comment Deadline: October 29, 2021.

Agency Contact: Gary E. Graham, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 689-4103, FAX (804) 698-4319, or email gary.graham@deq.virginia.gov.

Basis: Section 62.1-44.15 of the Code of Virginia is the source of legal authority identified to promulgate the amendments. Section 62.1-44.19:14 D requires that the State Water Control Board review during 2020 and every 10 years thereafter the basis for allocations granted in the Water Quality Management Planning Regulation (9VAC25-720) and as a result of the review propose for inclusion in the regulation either the reallocation of unneeded allocations to other facilities registered under the general permit or the reservation of such allocations for future use. This provision establishes the legal basis for any proposed reallocation of significant industrial discharger allocations and establishes that review of significant municipal discharger allocations will begin in 2030. The amendments being considered are modifications of the current requirements for the treatment of wastewater that will contribute to the protection of Virginia's water quality.

Purpose: The purpose of this rulemaking is to protect state waters by adopting regulations that establish new or revised limitations on the amount of nutrients, that is, total nitrogen (TN) and total phosphorous (TP) that are discharged to the Chesapeake Bay watershed. Discharges from wastewater treatment plants contribute to the overall loading of nutrients to the Chesapeake Bay and its tributaries. These nutrients have been identified as pollutants causing adverse impacts on large portions of the bay and its tidal rivers, which are included in the list of impaired waters required under § 303(d) of the Clean Water Act and § 62.1-44.19:5 of the Code of Virginia. Waters not meeting standards require development of a total maximum daily load (TMDL), also mandated under the same sections of federal and state law. The U.S. Environmental Protection Agency (EPA) adopted the Chesapeake Bay TMDL in December 2010, and Virginia is now following a watershed implementation plan to meet the requirements of that TMDL, in part by setting regulatory nutrient wasteload allocations (WLAs). The proposed amendments to the regulation are meant to accomplish three goals.

1. Incorporate final chlorophyll-a based TP WLAs for a subset of significant dischargers in the tidal James River Basin. The regulation currently includes WLAs adopted in 2005 that are not consistent with the TMDL for the Chesapeake Bay or the amended water quality criteria for chlorophyll-a developed in accordance with Appendix X to the Chesapeake Bay TMDL, approved by the board on June 27, 2019, then approved by EPA and effective on January 9, 2020. DEQ has used the results of updated water quality modeling to establish TP WLAs to meet the recently adopted chlorophyll-a criteria. This amendment also incorporates additional TN and TP WLAs previously included in 9VAC25-820-80 into 9VAC25-720-60C;
2. Reassign unneeded TN and TP WLAs from industries that have either closed or otherwise eliminated their need for WLAs to the Nutrient Offset Fund for future use. This evaluation and reallocation is required by § 62.1-44.19:14 D of the Code of Virginia; and
3. Require additional nutrient reductions from significant municipal wastewater treatment plants in accordance with Initiative No. 52 in the Commonwealth of Virginia's Chesapeake Bay TMDL Phase III Watershed Implementation Plan dated August 23, 2019.

Substance: Substantive changes to the Water Quality Management Planning Regulation (9VAC25-720) being considered include (i) new chlorophyll-a based WLAs for TP for eight significant wastewater dischargers addressed in the James River Basin; (ii) reallocating TN and TP WLAs for five significant industrial facilities in the Potomac-Shenandoah River Basin, James River Basin, and York River Basin. These are facilities that have closed or otherwise altered their operations so that the allocations are no longer necessary; and (iii) moving the WLAs to the DEQ held Nutrient Offset Fund and are in response to a review of current WLAs performed by DEQ staff in accordance with § 62.1-44.19:14 D of the Code of Virginia.

Substantive changes to the General Virginia Pollutant Discharge Elimination System (VPDES) Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia (9VAC25-820) necessary to implement the above changes to the Water Quality Management Planning Regulation (9VAC25-720) include (i) removing reference to the Phase I TN and Phase 2 TN and TP limit effective dates; (ii) updating the compliance date for compliance plan submittals; (iii) clarifying the compliance plan submittal criteria; (iv) updating the dates associated with permittee compliance plan development options, the schedule of compliance dates for facilities subject to chlorophyll-a based WLAs, and the completion dates of projects contained in compliance plans; (v) removing the January 1, 2023, schedule of compliance for significant dischargers in the James River Basin to meet aggregate discharged TN and TP WLAs; (vi) clarifying that only facilities listed in 9VAC25-820-80 may not rely on the acquisition of credits through payments into the Nutrient Offset Fund in their annual compliance plan updates; and (vi) updating the list of facilities subject to reduced individual total nitrogen and total phosphorus wasteload allocations to correspond to amendments to the Water Quality Management Planning regulation that introduce new chlorophyll-a based TP WLAs applicable to certain facilities located both within the James River basin and throughout the Chesapeake Bay watershed.

No public comment is currently being requested on the proposed amendments that address floating WLAs for 36 significant municipal dischargers with design flows greater than or equal to five million gallons per day (MGD) west of the fall line and three MGD or greater east of the fall line. The proposed amendments have been superseded by Chapters 363 and 364 of the 2021 Acts of Assembly, Special Session I. Those amendments will be addressed in a subsequent action.

Issues: Regarding the amended TP WLAs for James River significant dischargers to meet chlorophyll-a criteria, the primary advantage to the public is protection of the aquatic life designated use through attainment of both the seasonal geometric mean and short-duration summer chlorophyll water quality criteria. Reduced annual TP loads are proposed to be targeted at the dischargers into the Upper James tidal fresh region, which has been shown to be effective through water quality modeling while also limiting the impact to the least number of affected facilities in the river basin. Likewise, the proposed floating WLAs are advantageous to the Commonwealth by achieving the nutrient load reductions necessary under Virginia's Phase III WIP in a dependable, timely and cost effective manner. The floating WLA proposal included in Initiative #52 of the Phase III WIP would have potentially impacted 96 significant municipal facilities. In response to input from the regulatory advisory panel, the scope of the proposal has been reduced to 36 or the largest facilities which account for well over 90% of the nutrient load. Limiting the number of facilities subject to chlorophyll-a based TP WLAs or floating WLAs and allowing facilities to meet the reductions through Virginia's nutrient trading program potentially reduces total implementation costs for all of the facilities impacted as well as the Commonwealth's obligation for cost share funding of POTW capital upgrades under Virginia's Water Quality Improvement Fund. Reassignment of unneeded industrial WLAs to the Nutrient Offset Fund benefits the Commonwealth by providing opportunity to accommodate future economic development projects. There are no disadvantages to the public or the Commonwealth as a result of this action.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The State Water Control Board (Board) proposes to: i) revise the existing total nitrogen (TN) and total phosphorus (TP) waste load allocations (WLAs) and establish new floating WLAs for 36 significant municipal dischargers, ii) establish TP WLAs to meet revised water quality criteria for Chlorophyll-a for seven dischargers, iii) reassign unneeded TN and TP WLAs from facilities that have either closed or otherwise eliminated their need for an allocation to the Nutrient Offset Fund for future use, iv) make numerous clarifying changes and updates to language, and v) amend the General Virginia Pollutant Discharge Elimination System Watershed Permit Regulation (9VAC25-820) for TN and TP discharges and nutrient trading in the Chesapeake Bay watershed in Virginia in order to implement the changes to the Water Quality Management Planning Regulation (9VAC25-720) described in i through iii above.

Background. The State Water Control Law (Code of Virginia § 62.1-44.2 et seq.)¹ requires that the Board: establish requirements for the treatment of sewage, industrial wastes and other wastes; review, during 2020 and every 10 years thereafter, the basis for allocations granted in the Water Quality Management Planning Regulation (9VAC25-720); and, as a result of the review, revise facility specific WLAs, reallocate unneeded allocations to other facilities registered under the general permit, or reserve such allocations for future use.

According to the Department of Environmental Quality (DEQ), the purpose of this rulemaking is to protect the state waters by establishing new or revised limitations on the amount of nutrients (TN and TP) that are discharged to the Chesapeake Bay watershed. Discharges from wastewater treatment plants contribute to the overall loading of nutrients to the Chesapeake Bay and its tributaries. These nutrients have been identified as pollutants that cause adverse impacts on large portions of the Bay and its tidal rivers, which are included in the list of impaired waters as per §303(d) of the federal Clean Water Act and §62.1-44.19:5 of the Code of Virginia.

Waters that do not meet these limitations require the development of a Total Maximum Daily Load (TMDL) of nutrients. A TMDL is a plan for restoring impaired waters that identifies the maximum amount of a pollutant that a body of water can receive while still meeting water quality standards (which is required under the same sections of federal and state laws). The federal Environmental Protection Agency (EPA) adopted the Chesapeake Bay TMDL in December 2010.² Virginia is now following the Commonwealth of Virginia's Chesapeake Bay TMDL Phase III Watershed Implementation Plan, dated August 23, 2019,³ in part by setting nutrient WLAs in regulation.

The proposed amendments to the regulations are meant to accomplish three main goals:

1. To require additional nutrient reductions from significant municipal wastewater treatment plants in accordance with the Chesapeake Bay TMDL Phase III Watershed Implementation Plan,

2. To establish newly adopted Chlorophyll-a based TP WLAs for a subset of significant dischargers in the tidal James River Basin,

3. To reassign unneeded TN and TP WLAs from facilities that have either closed or otherwise eliminated their need for WLAs to the Nutrient Offset Fund for future use.

Currently, TN and TP WLAs for significant municipal dischargers are established based on the capacity of their plants. According to DEQ, this approach has the unintended consequence of not providing appropriate incentives to treat waste from large capacity plants that tend to discharge significantly below their capacity year-round. This proposal retains the current primary WLAs and contains new language to establish new floating WLAs. The floating WLAs are based on the average daily flow treated by the facility in a given year and nutrient concentrations of 4.0 mg/l TN and 0.30 mg/l TP.

The future effect of this proposed regulatory change is presently uncertain. As submitted to the Virginia Regulatory Town Hall, the regulatory text stipulates that 36 significant municipal dischargers would be subject to either existing WLAs or floating WLAs, whichever was more stringent. (These dischargers are those with design flows greater than or equal to 5 millions of gallons per day (MGD) west of the fall line which closely overlaps with Interstate 95 and 3 MGD or greater east of the fall line.) In other words, municipal dischargers with excess capacity would need to treat their waste to meet the benchmark nutrient concentrations, even though their discharges may be well below their primary WLAs.

However, House Bill (HB) 2129 (passed by the 2021 General Assembly Special Session I)⁴ appears to have effectively rendered the proposed floating WLAs in this action moot. Given the new legislation, which goes in effect on July 1, 2021, DEQ agrees that the Board will not have the authority to adopt or enforce floating WLAs after July 1, 2021. Therefore, the economic impact of floating WLAs included in this action on 36 significant municipal dischargers is not estimated in this analysis.

This analysis also does not address the item numbered "v" above that would amend the General Virginia Pollutant Discharge Elimination System Watershed Permit Regulation. Changes to the general permit regulation are exempt from the Administrative Process Act, and hence its requirement for an economic impact analysis, per §2.2-4006 (A)(8) of the Code of Virginia. Those changes are included in this regulatory action for administrative convenience for the agency.

This analysis discusses the remaining parts of the proposed amended language that DEQ believes are unaffected by the new legislation. Those are the proposed Chlorophyll-a based WLAs and the reassignment of unneeded TN and TP waste load allocations from plants that have either closed or otherwise eliminated their need for an allocation to the Nutrient Offset Fund for future use.

Estimated Benefits and Costs. Chlorophyll-a related reductions in TP WLAs.

The Water Quality Management Planning Regulation currently includes WLAs adopted in 2005 that are not consistent with the amended water quality criteria that are currently in place for Chlorophyll-a. These amended criteria (which were developed in accordance with Appendix X to the Chesapeake Bay TMDL), were approved by the Board on June 27, 2019. Following approval by EPA, the amended criteria became effective on January 9, 2020.⁵ DEQ has used the results of updated water quality modeling to establish TP WLAs to meet the recently amended Chlorophyll-a criteria. The Chlorophyll-a criteria does not affect the TN WLAs; only TP allocations would change.

These facilities now have a combined TP WLA of 286,316 lbs./year. Under the proposal, TP allocations would be 141,233 lbs./year for all of the seven facilities, representing a 50.7 percent reduction.⁶ This change would reduce the TP allocation by 1,089 lbs./year for the private facility that is still in business. For six municipal facilities, the total reduction would be 143,994 lbs./year; the individual reduction amount varies by facility from 6,320 lbs./year to 46,934 lbs./year. The affected municipal wastewater treatment plants (WWTP), localities, and the individual reductions amounts are as follows: Richmond WWTP (City of Richmond, 28,161 lbs./year); Falling Creek WWTP (Chesterfield County, 6,320 lbs./year); Proctor's Creek WWTP (Chesterfield County, 16,896 lbs./year); Henrico County WWTP (Henrico County, 46,934 lbs./year); Hopewell WWTP (City of Hopewell, 31,290 lbs./year); and South Central WWTP (City of Petersburg, the City of Colonial Heights, Chesterfield County, Dinwiddie County, and Prince George County, 14,393 lbs./year). Although the quantity of reductions varies, the amounts represent a 50.7 percent reduction for each of the affected facilities. Thus, the relative size of the reduction on individual facility allocations is the same.

DEQ estimates that the compliance costs for the single private facility that would experience a 1,089 lbs./year reduction would be approximately $4,000/year if it were to purchase credits from the WLA trading program. The 2021 Virginia Nutrient Credit Exchange Compliance Plan Annual Update⁷ lists Class A TN and TP WLA prices for 2021 compliance year at $3.87 and $5.82 per lbs./year. Class A credits are for trades that take place well before the compliance year based on expectations and planning and are generally priced lower than the Class B credits. Class B credits are more like a spot market for the regulants to true up their actual discharge compared to their allocations usually at the end of the compliance year when the actual discharges exceed the expectations. Therefore, using the Class A credit prices, and including the reduction amounts for the six municipal facilities, the value of the proposed combined 145,083 lbs./year of TP WLA reduction in 2021 compliance year would be $844,383.

Although the purchase of credits would ensure compliance, credits must be available for purchase. DEQ reports that currently there is an oversupply of credits. The market condition for credits could change however, forcing the facilities to incur capital costs to upgrade their treatment technology, which is the only other way to ensure compliance.⁸ In fact, DEQ reports that there are not enough credits available through the fund to ensure compliance with the proposed reductions and therefore, at least some of the facilities will have to either upgrade or do better with the facilities that they already have sometime in the future. If that were the case, the compliance costs of achieving the same reduction in WLAs would likely depend on specific circumstances of each facility. At this time, however, DEQ does not have any facility specific compliance cost estimates for the affected six municipal facilities.

Nutrient offset fund. The proposed regulation would reassign unneeded TN (311,443 lbs./year) and TP (20,755 lbs./year) WLAs from four private facilities that have closed, and from two municipal plants that eliminated their need for a portion of their current allocation, to the Nutrient Offset Fund for future use. Further, the proposal stipulates that WLAs (243,099 lbs./year TN and 170 lbs./year TP) for a facility currently in operation, but expected to cease operations in the near future, be transferred to the fund when the facility is retired. Of this particular facility's WLAs that would revert to the fund, a 82,240 lbs./year TN reallocation would be held in reserve and may be made available by the DEQ to Chesterfield County for an expansion of the Proctor's Creek WWTP provided that a) the expanded facility provides treatment to achieve an annual average TN concentration of 3.0 mg/l or less, and b) Falling Creek WWTP is designed meet its individual TN WLA.

One of the four private facilities was located in the Potomac River Basin and was a poultry processing facility. It has permanently closed and no processed wastewater is being discharged from the facility. TN and TP WLAs respectively in the amounts of 18,273 and 914 lbs./year would be moved to the Nutrient Offset Fund in accordance with § 62.1- 44.19:14 D of the Code of Virginia.⁹ Another private facility, which was located in York River Basin, has permanently closed and thus it no longer generates significant nutrient loads. Its 167,128 lbs./year TN and 17,689 lbs./year TP WLAs would be moved to the fund. The remaining two of the four private facilities were located in the James River Basin. One was originally granted 25,583 and 768 lbs./year of TN and TP WLAs respectively for a cigarette manufacturing facility which subsequently closed and the WLAs would revert back to the fund. The second private facility in the James River Basin had an allocation of 80,000 lbs./year of TN, and no TP WLAs, for the construction of a proposed paper mill which was acquired from another facility through a private agreement. The proposed mill was never constructed and the WLAs would revert back to the fund. In total, 290,984 lbs./year TN and 19,371 lbs./year TP WLAs would be reassigned back to the fund from the four private facilities. These WLAs may be made available for future economic development as the fund serves as a source of last resort for the WLA credits.

The reassignment of unneeded WLAs to the fund does not appear to have an adverse economic impact on the four private facilities. Using the exchange prices, the 290,984 lbs./year TN and 19,371 lbs./year TP WLAs could be valued at $1,126,109 and $112,739 respectively. According to DEQ, however, despite aggressive efforts of the at least two facilities to sell their credits, they could not find a buyer, primarily due to excess supply of credits that exists currently. The exchange prices are "firm" due to the trading association's goal to provide certainty to its members. Thus, the credit prices are not "market based" in the usual sense as they are not determined based on supply and demand. These facilities would have sold them if they could, but they could not. Now using the authority granted by § 62.1- 44.19:14 D, the Board is proposing "reservation of such allocations for future use" because the facilities are currently closed. According to DEQ, this adjustment allows for additional economic development.

Similarly, both of the municipal plants whose allocations would be adjusted are located in the James River Basin. The original WLAs for these two facilities were based upon design flows that were greater than the design flow of the treatment plants actually constructed. The excess portions of the combined WLAs (20,459 lbs./year TN and 1,384 lbs./year TP) from these two facilities would be reallocated back to the fund. This change also does not appear to have an adverse economic impact because the actual capacity is lower than originally planned for the two municipal dischargers. DEQ believes this adjustment provides for more equitable WLA distribution and also allows for additional economic development.

Finally, the Chesterfield County may be allocated 82,240 lbs./year TN after another facility retires, whose allocations revert to the fund, and held in reserve until the county improves the treatment levels at two of its plants.

Other Changes. This proposal would also make numerous clarifying changes and updates. For example, many facilities have gone through name changes and the new language would update the names. In addition, the WLAs in the regulation would be updated to reflect private trades; this change would help DEQ and the public keep an accurate inventory of WLAs by entity. This group of clarifying changes and updates are not expected to have a significant economic impact other than improving the clarity and accuracy of the regulatory language.

Businesses and Other Entities Affected. The proposed Chlorophyll-a related reductions in TP WLAs appear to adversely affect¹⁰ one private and six municipal facilities.¹¹ The proposed reallocations are occurring either because the facility is closed or their current capacity does not call for it.¹² In addition, while the private facilities could have sold their allocations, there does not appear to be a market for them at this time. Thus, the reallocation of unused WLAs does not appear to have an adverse impact on the four private and two municipal facilities affected. The conditional possible allotment of 82,240 lbs./year TN for one of its plants presents an opportunity to the Chesterfield County.

Small Businesses¹³ Affected. The proposed Chlorophyll-a related reductions in TP WLAs appear to adversely affect one private facility, but that facility is not a small business. Thus, the proposal does not appear to adversely affect small businesses.

Localities¹⁴ Affected¹⁵. The proposed Chlorophyll-a related reductions in TP WLAs would adversely affect six municipal facilities. The impact would be greater on localities that discharge more in the James River Basin. The quantity of reductions in descending order are as follows: Henrico County WWTP (Henrico County, 46,934 lbs./year); Hopewell WWTP (City of Hopewell, 31,290 lbs./year); Richmond WWTP (City of Richmond, 28,161 lbs./year); Proctor's Creek WWTP (Chesterfield County, 16,896 lbs./year); South Central WWTP (City of Petersburg, the City of Colonial Heights, Chesterfield County, Dinwiddie County, and Prince George County, 14,393 lbs./year); Falling Creek WWTP (Chesterfield County, 6,320 lbs./year).

When assessing the disproportionate impact, it is worth noting that the proposed reduction amounts represent a 50.7 percent reduction for each of the affected facilities. Thus, the relative size of the reduction on individual facility allocations is the same.

The proposed Chlorophyll-a related reductions for the six municipal facilities could introduce approximately $844,383 in costs if they were to purchase the credits from the exchange at published prices. If they choose to make facility upgrades to their plants to achieve proposed reductions, costs could be higher, but they may also draw approximately 25 percent of the costs from the state as the state usually funds a portion of similar upgrades under the Water Quality Improvement Fund program. At some point, it appears at least some of the facilities would have to upgrade as the credits available for sale may not be enough to ensure compliance in the long term.

Finally, the conditional possible allotment of 82,240 lbs./year TN for one of its plants presents an opportunity to the Chesterfield County and if the stipulated allotment is granted, the adverse impact on Chesterfield County due to Chlorophyll-a related TP reductions would be offset.

Projected Impact on Employment. The proposed amendments do not appear to have a significant effect on total employment.

Effects on the Use and Value of Private Property. The proposed reductions in TP WLAs would introduce approximately $4,000 in compliance costs for a non-small private business, but are unlikely to have any noticeable impact on its asset value. Also, this action would help clean the Chesapeake Bay and its tributaries and improve water quality. Such changes, if significant, could contribute to real estate development where such environmental improvements would be realized.

_______________________________________

¹http://law.lis.virginia.gov/vacode/title62.1/chapter3.1/

²https://www.epa.gov/chesapeake-bay-tmdl/chesapeake-bay-tmdl-document

³https://www.deq.virginia.gov/home/showpublisheddocument?id=4481

⁴See https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0363

⁵The adoption of the final regulation for Chlorophyll-a standard can be found at: https://townhall.virginia.gov/l/ViewStage.cfm?stageid=8678

⁶This change would also reduce WLA from 1,556 lbs./year to 768 lbs./year for a now out-of-business private facility. The impact on this particular facility is discuss later as the remaining allocation of 788 lbs./year would be reallocated to the Nutrient Offset Fund.

⁷https://www.deq.virginia.gov/home/showpublisheddocument?id=6987, Attachment B on pp. 8-17.

⁸DEQ can sell credits from the Nutrient Offset Fund (see 9VAC25-820-70 J.3 at $4.60 and $10.10 lbs./year for TN and TP WLAs), but that has yet to happen.

⁹http://law.lis.virginia.gov/vacode/title62.1/chapter3.1/section62.1-44.19:14/

¹⁰Adverse 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.

¹¹Data source: DEQ

¹²DEQ reports that so far no substantial objections to the proposed reallocations have come from the facilities that have closed.

¹³Pursuant to § 2.2-4007.04 of the Code of Virginia, 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."

¹⁴"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.

¹⁵§ 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

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

Summary:

The proposed amendments (i) change wasteload allocations (WLAs) for dischargers of total nitrogen (TN) and total phosphorus (TP) to various river basins throughout the Commonwealth of Virginia necessary for the restoration of water quality in the Chesapeake Bay and its tidal tributaries; (ii) establish TP WLAs to meet revised water quality criteria for chlorophyll-a in the tidal James River Basin; and (iii) reassign unneeded TN and TP WLAs from industries that have either closed or otherwise eliminated their need for a WLA to the Nutrient Offset Fund for future use.

9VAC25-720-50. Potomac-Shenandoah River Basin.

EDITOR'S NOTE: Subsections A and B of 9VAC25-720-50 are not amended; therefore, that text is not set out.

C. Nitrogen and phosphorus wasteload allocations to restore the Chesapeake Bay and its tidal rivers. The following table presents nitrogen and phosphorus wasteload allocations for the identified significant dischargers and the total nitrogen and total phosphorus wasteload allocations for the listed facilities.

Virginia Waterbody ID	Discharger Name	VPDES Permit No.	Total Nitrogen (TN) Wasteload Allocation (lbs/yr)	Total Phosphorus (TP) Wasteload Allocation (lbs/yr)
B37R	~~Coors Brewing Company~~ Molson Coors - Shenandoah Brewery	VA0073245	54,820	4,112
B14R	ACSA - Fishersville Regional ~~STP~~ WWTP	VA0025291	48,729	3,655
B32R	~~INVISTA - Waynesboro~~ The Lycra Company (Outfall 101)	VA0002160	78,941	1,009
B39R	Luray ~~STP~~ WWTP	VA0062642	19,492	1,462
B35R	Massanutten ~~PSA~~ Public Service Corporation STP	VA0024732	18,273	1,371
B37R	Merck ~~- Stonewall WWTP~~ Sharp & Dohme Corp. - Elkton Plant (Outfall 101)¹	VA0002178	43,835	4,384
B12R	ACSA - Middle River Regional ~~STP~~ WWTP	VA0064793	82,839 ¹	6,213 ²
B23R	North River ~~WWTF~~ WWTF³	VA0060640	~~253,391~~ 260,226¹	~~19,004~~ 19,574²
B22R	~~VA Poultry Growers~~ VPGC, LLC - Hinton	VA0002313	27,410	1,371
B38R	~~Pilgrims Pride - Alma~~ Nutrient Offset Fund	Formerly VA0001961	18,273	914
B31R	ACSA - Stuarts Draft WWTP	VA0066877	48,729	3,655
B32R	Waynesboro ~~STP~~ WWTP	VA0025151	48,729 ¹	3,655 ²
B23R	ACSA - Weyers Cave ~~STP~~ WWTP	VA0022349	6,091	457
B58R	Berryville ~~STP~~ WWTP	VA0020532	8,528	640
B55R	Front Royal ~~STP~~ WWTP	VA0062812	48,729 ¹	3,655 ²
B49R	Georges Chicken LLC	VA0077402	31,065	1,553
B48R	Mt. Jackson STP	VA0026441	8,528	640
B45R	Broadway Regional WWTF	VA0090263	29,481	2,211
B49R	Stoney Creek SD STP	VA0028380	7,309	548
B51R	Strasburg STP	VA0020311	11,939	895
B50R	Woodstock STP	VA0026468	24,364	1,827
A06R	Basham Simms WWTF	VA0022802	18,273	1,371
A09R	Broad Run WRF	VA0091383	134,005 ¹	3,350 ²
A08R	Leesburg WPCF	VA0092282	121,822 ¹	9,137 ²
A06R	Round Hill Town ~~WWTF~~ WWTP	VA0026212	9,137	685
A25R	~~DSC~~ VA American Water Prince William - Section 1 WWTF	VA0024724	42,029 ¹	2,522 ²
A25R	~~DSC~~ VA American Water Prince William - Section 8 WWTF	VA0024678	42,029 ¹	2,522 ²
A25E	H L Mooney WWTF	VA0025101	219,280 ¹	13,157 ²
A22R	UOSA - Centreville	VA0024988	1,315,682	16,446
A19R	Vint Hill ~~WWTF~~ WWTP	VA0020460	11,573	868
B08R	Opequon WRF²⁴	VA0065552	121,851 ¹	11,512 ²
B08R	Parkins ~~Mills STP~~ Mill WWTF	VA0075191	60,911 ¹	4,568 ²
A13E	Alexandria Renew Enterprises³WWTP⁵	VA0025160	493,381 ¹	29,603 ²
A12E	Arlington County Water PCF	VA0025143	365,467 ¹	21,928 ²
A16R	Noman M Cole Jr ~~PCF~~ PCP	VA0025364	612,158 ¹	36,729 ²
A12R	Blue Plains (VA Share)	DC0021199	581,458	26,166
A26R	USMC Quantico ~~WWTF~~ Mainside STP	VA0028363	20,101	1,206
A28R	Aquia ~~WWTF~~ WWTP	VA0060968	73,093 ¹	4,386 ²
A31E	Colonial Beach ~~STP~~ WWTP	VA0026409	18,273	1,827
A30E	KGCSA - Dahlgren ~~WWTF~~ District WWTP	VA0026514	9,137	914
A29E	~~King George County Service Authority~~ KGCSA - Fairview Beach WWTP	VA0092134	1,827	183
A30E	~~US NSWC-Dahlgren WWTF~~ Naval Support Facility Dahlgren	VA0021067	6,578	658
A31R	KGCSA - Purkins Corner ~~STP~~ WWTP	VA0070106	1,096	110
	~~Unallocated Reserve WLA~~ Nutrient Offset Fund		9,137	685
	TOTALS:		~~5,156,169~~ 5,214,628	~~246,635~~ 254,334
Notes: ¹Merck-Stonewall – (a) these wasteload allocations will be subject to further consideration, consistent with the Chesapeake Bay TMDL, as it may be amended, and possible reduction upon "full-scale" results showing the optimal treatment capability of the 4-stage Bardenpho technology at this facility consistent with the level of effort by other dischargers in the region. The "full scale" evaluation will be completed by December 31, 2011, and the results submitted to DEQ for review and subsequent board action; (b) in any year when credits are available after all other exchanges within the Shenandoah-Potomac River Basin are completed in accordance with § 62.1-44.19:18 of the Code of Virginia, Merck shall acquire credits for total nitrogen discharged in excess of 14,619 lbs/yr and total phosphorus discharged in excess of 1,096 lbs/yr; and (c) the allocations are not transferable and compliance credits are only generated if discharged loads are less than the loads identified in clause (b). ¹Effective January 1, 2026, the total nitrogen wasteload allocation for any given calendar year is the lesser of (i) the values listed in this table and (ii) the floating wasteload allocation calculated as follows: TN WLA (lbs/yr) = Annual average treated flow (MGD) x 4.0 mg/l x 8.345 x 365 Annual average treated flow is the sum of 12 monthly average treated flows divided by 12. Floating wasteload allocations shall be calculated to the nearest pound without regard to mathematical rules of precision. ²Effective January 1, 2026, the total phosphorus wasteload allocation for any given calendar year is the lesser of (i) the values listed in this table and (ii) the floating wasteload allocation calculated as follows: TP WLA (lbs/yr) = Annual average treated flow (MGD) x 0.30 mg/l x 8.345 x 365 Annual average treated flow is the sum of 12 monthly average treated flows divided by 12. Floating wasteload allocations shall be calculated to the nearest pound without regard to mathematical rules of precision. ³The North River WWTF WLA includes 6,835 lbs/yr of TN and 570 lbs/yr of TP from the consolidation of the McGaheysville STP (VA0072931). ²⁴ Opequan WRF: (a) the TN WLA is derived based on 3 mg/l of TN and 12.6 MGD; (b) the TN WLA includes an additional allocation for TN in the amount of 6,729 lbs/yr by means of a landfill leachate consolidation and treatment project; and (c) the TP WLA is derived based on 0.3 mg/l of TP and 12.6 MGD. ³⁵Wasteload allocations for localities served by combined sewers are based on dry weather design flow capacity. During wet weather flow events the discharge shall achieve a TN concentration of 4.0 mg/l and TP concentration of 0.18 mg/l.

9VAC25-720-60. James River Basin.

EDITOR'S NOTE: Subsections A and B of 9VAC25-720-60 are not amended; therefore, that text is not set out.

C. Nitrogen and phosphorus wasteload allocations to restore the Chesapeake Bay and its tidal rivers.

The following table presents nitrogen and phosphorus wasteload allocations for the identified significant dischargers and the total nitrogen and total phosphorus wasteload allocations for the listed facilities.

Virginia Waterbody ID	Discharger Name	VPDES Permit No.	Total Nitrogen (TN) Wasteload Allocation (lbs/yr)	Total Phosphorus (TP) Wasteload Allocation (lbs/yr)
I37R	Buena Vista STP	VA0020991	41,115	~~3,426~~ 2,778
I09R	Covington STP	VA0025542	54,820	~~4,568~~ 3,705
H02R	Georgia Pacific	VA0003026	122,489	~~49,658~~ 40,273
I37R	~~Lees~~ ~~Carpets~~ Mohawk Industries, Inc.	VA0004677	30,456	~~12,182~~ 9,880
I35R	Lexington-Rockbridge WQCF	VA0088161	54,820	~~4,568~~ 3,705
I09R	Low Moor STP	VA0027979	9,137	~~761~~ 617
I09R	Lower Jackson River STP	VA0090671	~~63,957~~ 47,516	~~5,330~~ 3,211
I09R	Nutrient Offset Fund	Formerly VA0090671	16,441	1,112
I04R	~~MeadWestvaco~~ WestRock Virginia LLC - Covington	VA0003646	394,400	~~159,892~~ 96,711
H12R	Amherst STP	VA0031321	10,964	~~914~~ 741
H05R	BWX Technologies Inc.	VA0003697	187,000	~~1,523~~ 1,235
H05R	Greif Inc.	VA0006408	73,246	~~29,694~~ 24,082
H31R	Lake Monticello ~~STP~~ WWTP	VA0024945	~~18,182~~ 14,164	~~1,515~~ 957
H31R	Nutrient Offset Fund	Formerly VA0024945	4,018	272
H05R	Lynchburg STP¹	VA0024970	536,019⁵	~~33,501~~ 27,169⁴
H28R	Moores Creek ~~Regional STP~~ Advanced WRRF⁶	VA0025518	~~274,100~~ 282,994³	~~22,842~~ 19,637⁴
H38R	Powhatan CC STP	VA0020699	8,588	~~716~~ 581
J11R	Crewe WWTP	VA0020303	9,137	~~761~~ 617
J01R	Farmville WWTP	VA0083135	43,856	~~3,655~~ 2,964
G02E	~~The Sustainability Park, LLC~~ Nutrient Offset Fund	Formerly VA0002780	25,583	~~1,919~~ 768
G01E	E I du Pont - Spruance	VA0004669	201,080	~~7,816~~ 6,339
G01E	Falling Creek WWTP	VA0024996	~~153,801~~ 182,738³	~~15,380~~ 6,153⁴
G01E	Henrico County WWTP	VA0063690	1,142,085 ³	~~114,209~~ 45,689⁴
G03E	~~Honeywell – Hopewell~~ AdvanSix Resins and Chemicals LLC	VA0005291	1,090,798	~~51,592~~ 40,541
G03R	Hopewell WWTP	VA0066630	1,827,336 ⁷	~~76,139~~ 30,459⁸
G15E	HRSD – Boat Harbor STP	VA0081256	~~740,000~~ 473,524³	~~76,139~~ 43,175⁴
G11E	HRSD – James River STP	VA0081272	~~1,250,000~~ 378,819³	~~60,911~~ 34,540⁴
G10E	HRSD – Williamsburg STP	VA0081302	~~800,000~~ 426,171³	~~68,525~~ 38,858⁴
G02E	Philip Morris – Park 500	VA0026557	139,724	~~2,650~~ 1,060
G01E	Proctors Creek WWTP	VA0060194	411,151 ³	~~41,115~~ 16,448⁴
G01E	Richmond WWTP¹	VA0063177	1,096,402 ⁵	~~68,525~~ 27,413⁴
G02E	Dominion-Chesterfield²	VA0004146	~~272,036~~ 243,099	~~210~~ 170
J15R	South Central WW Authority	VA0025437	350,239 ³	~~35,024~~ 14,011⁴
~~G07R~~	~~Chickahominy WWTP~~	~~VA0088480~~	~~6,167~~	~~123~~
G05R	Tyson Foods – Glen Allen	VA0004031	19,552	409
G11E	HRSD – Nansemond STP	VA0081299	~~750,000~~ 568,228³	~~91,367~~ 51,811⁴
G15E	HRSD – Army Base STP	VA0081230	~~610,000~~ 340,937³	~~54,820~~ 31,086⁴
G15E	HRSD – VIP WWTP	VA0081281	~~750,000~~ 757,638³	~~121,822~~ 69,081⁴
G15E	~~JH Miles & Company~~ HRSD - MS4⁹	~~VA0003263~~	153,500	~~21,500~~ 17,437
C07E	HRSD – Ches.-Elizabeth STP ¹⁰	VA0081264	~~1,100,000~~ 454,583	~~108,674~~ 41,448
G01E	~~Tranlin/Vastly~~ Nutrient Offset Fund	Formerly Tranlin/Vastly	80,000	0
	TOTALS		~~14,901,739~~ 12,256,851	~~1,354,375~~ 753,932

Notes:
¹Wasteload allocations for localities served by combined sewers are based on dry weather design flow capacity. During wet weather flow events the discharge shall achieve a TN concentration of 8.0 mg/l and a TP concentration of 1.0 mg/l.

²~~Wasteload allocations are "net" loads, based on the portion of the nutrient discharge introduced by the facility's process waste streams, and not originating in raw water intake.~~ Dominion-Chesterfield wasteload allocations shall be transferred to the Nutrient Offset Fund on January1, following the retirement of the last coal fired generating unit. 82,240 lbs/yr of TN WLA shall be held in reserve and may be made available by the department for an expansion of the Proctor's Creek WWTP provided that the expanded facility provides treatment to achieve an annual average TN concentration of 3.0 mg/l or less and the Falling Creek WWTP is designed to meet its individual TN WLA.

³Effective January 1, 2026, the total nitrogen wasteload allocation for any given calendar year is the lesser of (i) the values listed in this table and (ii) the floating wasteload allocation calculated as follows:

TN WLA (lbs/yr) = Annual average treated flow (MGD) x 4.0 mg/l x 8.345 x 365

Annual average treated flow is the sum of 12 monthly average treated flows divided by 12. Floating wasteload allocations shall be calculated to the nearest pound without regard to mathematical rules of precision.

⁴Effective January 1, 2026, the total phosphorus wasteload allocation for any given calendar year is the lesser of (i) the values listed in this table and (ii) the floating wasteload allocation calculated as follows:

TP WLA (lbs/yr) = Annual average treated flow (MGD) x 0.30 mg/l x 8.345 x 365

⁵Effective January 1, 2026, the total nitrogen wasteload allocation for any given calendar year is the lesser of (i) the values listed in this table and (ii) the floating wasteload allocation calculated as follows:

TN WLA (lbs/yr) = Annual average treated flow (MGD) x 8.0 mg/l x 8.345 x 365

⁶The Moores Creek Advanced WRRF WLA includes 8,894 lbs/yr of total nitrogen and 1,112 lbs/yr of total phosphorus from the consolidation of the Camelot WWTP (VA0025488).

⁷Effective January 1, 2026, the total nitrogen wasteload allocation for any given calendar year is the lesser of (i) the value listed in this table and (ii) the floating wasteload allocation calculated as follows:

TN WLA (lbs/yr) = Annual average treated flow (MGD) x 12.0 mg/l x 8.345 x 365

⁸Effective January 1, 2026, the total phosphorus wasteload allocation for any given calendar year is the lesser of (i) the value listed in this table and (ii) the floating wasteload allocation calculated as follows:

TP WLA (lbs/yr) = Annual average treated flow (MGD) x 0.50 mg/l x 8.345 x 365

⁹The former J. H. Miles wasteload allocations acquired by HRSD in accordance with an agreement dated December 21, 2015 may be used to fulfill HRSD commitments to provide nutrient credits to municipal separate storm sewer systems only.

¹⁰Effective January 1, 2023, the total nitrogen and total phosphorus wasteload allocations for the HRSD Chesapeake-Elizabeth STP transfer to the Nutrient Offset Fund.

9VAC25-720-70. Rappahannock River Basin.

EDITOR'S NOTE: Subsections A and B of 9VAC25-720-70 are not amended; therefore, that text is not set out.

C. Nitrogen and phosphorus wasteload allocations to restore the Chesapeake Bay and its tidal rivers.

Virginia Waterbody ID	Discharger Name	VPDES Permit No.	Total Nitrogen (TN) Wasteload Allocation (lbs/yr)	Total Phosphorus (TP) Wasteload Allocation (lbs/yr)
E09R	Culpeper WWTP	VA0061590	73,093 ¹	5,483 ²
E02R	Marshall WWTP	VA0031763	7,797	585
E13R	Orange STP	VA0021385	36,547	2,741
E11R	Rapidan ~~STP~~ WWTP	VA0090948	7,309	548
E02R	~~Fauquier County Water & Sewer Authority-~~ Remington WWTP	VA0076805	24,364	1,827
E02R	Clevengers Village WWTP	VA0080527	10,964	822
E02R	Warrenton Town STP	VA0021172	30,456	2,284
E18R	Wilderness WWTP	VA0083411	15,228	1,142
E20E	FMC WWTF	VA0068110	48,737 ¹	3,655 ²
E20E	Fredericksburg WWTF	VA0025127	54,820 ¹	4,112 ²
E21E	Haymount WWTF	VA0089125	7,066	530
E24E	Haynesville CC WWTP	VA0023469	2,802	210
E21E	KGCSA - Hopyard ~~Farms STP~~ Farm WWTP	VA0089338	6,091	457
E20E	Little Falls Run WWTF	VA0076392	97,458 ¹	7,309 ²
E20E	Massaponax WWTF	VA0025658	114,505 ¹	8,405 ²
E23R	Montross Westmoreland WWTP	VA0072729	1,584	119
E21E	KGCSA - Oakland Park STP	VA0086789	1,706	128
E23E	Tappahannock WWTP	VA0071471	9,746	731
E26E	HRSD - Urbanna ~~WWTP~~ STP	VA0026263	1,218	91
E21R	US Army - Ft. A P Hill WWTP	VA0032034	6,457	484
E23E	Warsaw ~~Aerated Lagoons~~ WWTP	VA0026891	3,655	274
C01E	Omega Protein - Reedville	VA0003867	21,213	1,591
C01E	Reedville Sanitary District	VA0060712	2,436	183
C01E	Kilmarnock ~~WTP~~ WWTP	VA0020788	6,091	457
	~~Unallocated Reserve WLA~~ Nutrient Offset Fund		22,904	1,900
	TOTALS:		~~614,245~~ 614,247	46,068
¹Effective January 1, 2026, the total nitrogen wasteload allocation for any given calendar year is the lesser of (i) the values listed in this table and (ii) the floating wasteload allocation calculated as follows: TN WLA (lbs/yr) = Annual average treated flow (MGD) x 4.0 mg/l x 8.345 x 365 Annual average treated flow is the sum of 12 monthly average treated flows divided by 12. Floating wasteload allocations shall be calculated to the nearest pound without regard to mathematical rules of precision. ²Effective January 1, 2026, the total phosphorus wasteload allocation for any given calendar year is the lesser of (i) the values listed in this table and (ii) the floating wasteload allocation calculated as follows: TP WLA (lbs/yr) = Annual average treated flow (MGD) x 0.30 mg/l x 8.345 x 365 Annual average treated flow is the sum of 12 monthly average treated flows divided by 12. Floating wasteload allocations shall be calculated to the nearest pound without regard to mathematical rules of precision.

9VAC25-720-120. York River Basin.

EDITOR'S NOTE: Subsections A and B of 9VAC25-720-120 are not amended; therefore, that text is not set out.

Virginia Waterbody ID	Discharger Name	VPDES Permit No.	Total Nitrogen (TN) Wasteload Allocation (lbs/yr)	Total Phosphorus (TP) Wasteload Allocation (lbs/yr)
F20R	Caroline County ~~STP~~ Regional WWTP	VA0073504	9,137	609
F01R	Gordonsville STP	VA0021105	17,177	1,145
F04R	Ashland WWTP	VA0024899	36,547	2,436
F09R	Doswell WWTP	VA0029521	18,273	1,218
F09R	~~Bear Island Paper Company~~ 819 Virginia LLC	VA0029521	47,328	10,233
F27E	~~Plains Marketing L.P. - Yorktown~~ Nutrient Offset Fund	Formerly VA0003018	167,128	17,689
F27E	HRSD - York River STP	VA0081311	275,927 ¹	18,395 ²
F14R	Parham Landing WWTP	VA0088331	36,547	2,436
F14E	~~RockTenn~~ WestRock CP LLC - West Point	VA0003115	259,177	56,038
F12E	Totopotomoy WWTP	VA0089915	182,734 ¹	12,182 ²
F25E	HRSD - West Point STP	VA0075434	10,964	731
	TOTALS:		1,060,939	123,112
¹Effective January 1, 2026, the total nitrogen wasteload allocation for any given calendar year is the lesser of (i) the values listed in this table and (ii) the floating wasteload allocation calculated as follows: TN WLA (lbs/yr) = Annual average treated flow (MGD) x 4.0 mg/l x 8.345 x 365 Annual average treated flow is the sum of 12 monthly average treated flows divided by 12. Floating wasteload allocations shall be calculated to the nearest pound without regard to mathematical rules of precision. ²Effective January 1, 2026, the total phosphorus wasteload allocation for any given calendar year is the lesser of (i) the values listed in this table and (ii) the floating wasteload allocation calculated as follows: TP WLA (lbs/yr) = Annual average treated flow (MGD) x 0.30 mg/l x 8.345 x 365 Annual average treated flow is the sum of 12 monthly average treated flows divided by 12. Floating wasteload allocations shall be calculated to the nearest pound without regard to mathematical rules of precision.

9VAC25-820-40. Compliance plans.

A. By July 1, ~~2017~~ 2022, every owner of a facility subject to reduced individual total nitrogen or total phosphorous wasteload allocations as identified in 9VAC25-820-80 ~~and subject to a limit effective date after January 1, 2017, as defined in Part I C 1 of 9VAC25-820-70~~ shall either individually or through the Virginia Nutrient Credit Exchange Association submit compliance plans to the department for approval.

1. The compliance plans shall contain any capital projects and implementation schedules needed to achieve total nitrogen and phosphorus reductions sufficient to comply with the individual and combined wasteload allocations of all the permittees in the tributary as soon as possible. Permittees submitting individual plans are not required to account for other facilities' activities.

2. As part of the compliance plan development, permittees shall either:

a. Demonstrate that the additional capital projects anticipated by subdivision 1 of this subsection are necessary to ensure continued compliance with these allocations by ~~the applicable deadline for the tributary to which the facility discharges (Part I C of the permit)~~ January 1, 2026, or

b. Request that their individual wasteload allocations become effective on January 1, ~~2017~~ 2022.

3. The compliance plans may rely on the exchange of point source credits in accordance with this general permit, but not the acquisition of credits through payments into the Nutrient Offset Fund (§ 10.1-2128.2 of the Code of Virginia), to achieve compliance with the individual and combined wasteload allocations in each tributary.

B. Every owner of a facility required to submit a registration statement shall either individually or through the Virginia Nutrient Credit Exchange Association submit annual compliance plan updates to the department for approval as required by Part I D of the general permit.

9VAC25-820-70. General permit.

Any owner whose registration statement is accepted by the board will receive the following general permit and shall comply with the requirements of the general permit.

General Permit No.: VAN000000
Effective Date: January 1, ~~2017~~ 2022
Expiration Date: December 31, ~~2021~~ 2026

GENERAL PERMIT FOR TOTAL NITROGEN AND TOTAL PHOSPHORUS DISCHARGES AND NUTRIENT TRADING IN THE CHESAPEAKE WATERSHED IN VIRGINIA
AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM AND THE VIRGINIA STATE WATER CONTROL LAW

In compliance with the provisions of the Clean Water Act, as amended, and pursuant to the State Water Control Law and regulations adopted pursuant to it, owners of facilities holding a VPDES individual permit or owners of facilities that otherwise meet the definition of an existing facility, with total nitrogen or total phosphorus discharges, or both to the Chesapeake Bay or its tributaries, are authorized to discharge to surface waters and exchange credits for total nitrogen or total phosphorus, or both.

The authorized discharge shall be in accordance with the registration statement filed with DEQ, this cover page, Part I-Special Conditions Applicable to All Facilities, Part II-Special Conditions Applicable to New and Expanded Facilities, and Part III-Conditions Applicable to All VPDES Permits, as set forth herein.

Part I

SPECIAL CONDITIONS APPLICABLE TO ALL FACILITIES

Any owner whose registration statement is accepted by the board will receive the following general permit and shall comply with the requirements of the general permit.

General Permit No.: VAN000000
Effective Date: January 1, ~~2017~~ 2022

Expiration Date: December 31, ~~2021~~ 2026

Part I

SPECIAL CONDITIONS APPLICABLE TO ALL FACILITIES

A. Authorized activities.

1. Authorization to discharge for owners of facilities required to register.

a. Every owner of a facility required to submit a registration statement to the department by November 1, ~~2016~~ 2021, and thereafter upon the reissuance of this general permit, shall be authorized to discharge total nitrogen and total phosphorus subject to the requirements of this general permit upon the department's approval of the registration statement.

b. Any owner of a facility required to submit a registration statement with the department at the time he makes application with the department for a new discharge or expansion that is subject to an offset or technology-based requirement in Part II of this general permit, shall be authorized to discharge total nitrogen and total phosphorus subject to the requirements of this general permit upon the department's approval of the registration statement.

c. Upon the department's approval of the registration statement, a facility will be included in the registration list maintained by the department.

2. Authorization to discharge for owners of facilities not required to register. Any owner of a facility authorized by a VPDES permit and not required by this general permit to submit a registration statement shall be deemed to be authorized to discharge total nitrogen and total phosphorus under this general permit at the time it is issued. Owners of facilities that are deemed to be permitted under this subsection shall have no obligation under this general permit prior to submitting a registration statement and securing coverage under this general permit based upon such registration statement.

3. Continuation of permit coverage.

a. Any owner authorized to discharge under this general permit and who submits a complete registration statement for the reissued general permit by November 1, ~~2021~~ 2026, in accordance with Part III M or who is not required to register in accordance with Part I A 2 is authorized to continue to discharge under the terms of this general permit until such time as the board either:

(1) Issues coverage to the owner under the reissued general permit, or

(2) Notifies the owner that the discharge is not eligible for coverage under this general permit.

b. When the owner that was covered under the expiring or expired general permit has violated or is violating the conditions of that permit, the board may choose to do any or all of the following:

(1) Initiate enforcement action based upon the ~~2012~~ 2017 general permit,

(2) Issue a notice of intent to deny coverage under the reissued general permit. If the general permit coverage is denied, the owner would then be required to cease the discharges authorized by the administratively continued coverage under the terms of the ~~2012~~ 2017 general permit or be subject to enforcement action for operating without a permit, or

(3) Take other actions authorized by the State Water Control Law.

B. Wasteload allocations.

1. Wasteload allocations allocated to permitted facilities pursuant to 9VAC25-720-50 C, 9VAC25-720-60 C, 9VAC25-720-70 C, 9VAC25-720-110 C, and 9VAC25-720-120 C of the Water Quality Management Planning Regulation, or applicable TMDLs, or wasteload allocations acquired by owners of new and expanding facilities to offset new or increased delivered total nitrogen and delivered total phosphorus loads from a new discharge or expansion under Part II B of this general permit, and existing loads calculated from the permitted design capacity of expanding facilities not previously covered by this general permit, shall be incorporated into the registration list maintained by the department. The wasteload allocations contained in this list shall be enforceable as annual mass load limits in this general permit. Credits shall not be generated by facilities whose operations were previously authorized by a Virginia Pollution Abatement (VPA) permit that was issued before July 1, 2005.

2. Except as described in subdivisions 2 c and 2 d of this subsection, an owner of two or more facilities covered by this general permit and discharging to the same tributary may apply for and receive an aggregated mass load limit for delivered total nitrogen and an aggregated mass load limit for delivered total phosphorus reflecting the total of the water quality-based total nitrogen and total phosphorus wasteload allocations or permitted design capacities established for such facilities individually.

a. The permittee (and all of the individual facilities covered under a single registration) shall be deemed to be in compliance when the aggregate mass load discharged by the facilities is less than the aggregate load limit.

b. The permittee will be eligible to generate credits only if the aggregate mass load discharged by the facilities is less than the total of the wasteload allocations assigned to any of the affected facilities.

c. The aggregation of mass load limits shall not affect any requirement to comply with local water quality-based limitations.

d. Facilities whose operations were previously authorized by a Virginia Pollution Abatement (VPA) permit that was issued before July 1, 2005, cannot be aggregated with other facilities under common ownership or operation.

e. Operation under an aggregated mass load limit in accordance with this section shall not be deemed credit acquisition as described in Part I J 2 of this general permit.

3. An owner that consolidates two or more facilities discharging to the same tributary into a single regional facility may apply for and receive an aggregated mass load limit for ~~delivered~~ total nitrogen and an aggregated mass load limit for ~~delivered~~ total phosphorus, subject to the following conditions:

a. Aggregate mass limits will be calculated accounting for delivery factors in effect at the time of the consolidation.

b. If all of the affected facilities have wasteload allocations in 9VAC25-720-50 C, 9VAC25-720-60 C, 9VAC25-720-70 C, 9VAC25-720-110 C, and 9VAC25-720-120 C of the Water Quality Management Planning Regulation, the aggregate mass load limit shall be calculated by adding the wasteload allocations of the affected facilities. The regional facility shall be eligible to generate credits.

b. c. If any, but not all, of the affected facilities has a wasteload allocation in 9VAC25-720-50 C, 9VAC25-720-60 C, 9VAC25-720-70 C, 9VAC25-720-110 C, and 9VAC25-720-120 C of the Water Quality Management Planning Regulation, the aggregate mass load limit shall be calculated by adding:

(1) Wasteload allocations of those facilities that have wasteload allocations in 9VAC25-720-50 C, 9VAC25-720-60 C, 9VAC25-720-70 C, 9VAC25-720-110 C, and 9VAC25-720-120 C of the Water Quality Management Planning Regulation;

(2) Permitted design capacities assigned to affected industrial facilities; and

(3) Loads from affected sewage treatment works that do not have a wasteload allocation in 9VAC25-720-50 C, 9VAC25-720-60 C, 9VAC25-720-70 C, 9VAC25-720-110 C, and 9VAC25-720-120 C of the Water Quality Management Planning Regulation, defined as the lesser of a previously calculated permitted design capacity, or the values calculated by the following formulae:

Nitrogen Load ~~(lbs/day)~~ (lbs/year) = flow (MGD) x 8.0 mg/l x 8.345 x 365 days/year

Phosphorus Load ~~(lbs/day)~~ (lbs/year) = flow (MGD) x 1.0 mg/l x 8.345 x 365 days/year

Flows used in the preceding formulae shall be the design flow of the treatment works from which the affected facility currently discharges.

The regional facility shall be eligible to generate credits.

c. d. If none of the affected facilities have a wasteload allocation in 9VAC25-720-50 C, 9VAC25-720-60 C, 9VAC25-720-70 C, 9VAC25-720-110 C, and 9VAC25-720-120 C of the Water Quality Management Planning Regulation, the aggregate mass load limit shall be calculated by adding the respective permitted design capacities for the affected facilities.

d. e. Facilities whose operations were previously authorized by a Virginia Pollution Abatement (VPA) permit that was issued before July 1, 2005, may be consolidated with other facilities under common ownership or operation, but their allocations cannot be transferred to the regional facility.

e. f. Facilities whose operations were previously authorized by a VPA permit that was issued before July 1, 2005, can become regional facilities, but they cannot receive additional allocations beyond those permitted in Part II B 1 d of this general permit.

4. Unless otherwise noted, the nitrogen and phosphorus wasteload allocations assigned to permitted facilities are considered total loads, including nutrients present in the intake water from the river, as applicable. On a case-by-case basis, an industrial discharger may demonstrate to the satisfaction of the board that a portion of the nutrient load originates in its intake water. This demonstration shall be consistent with the assumptions and methods used to derive the allocations through the Chesapeake Bay models. In these cases, the board may limit the permitted discharge to the net nutrient load portion of the assigned wasteload allocation.

5. Bioavailability. Unless otherwise noted, the entire nitrogen and phosphorus wasteload allocations assigned to permitted facilities are considered to be bioavailable to organisms in the receiving stream. On a case-by-case basis, a discharger may demonstrate to the satisfaction of the board that a portion of the nutrient load is not bioavailable; this demonstration shall not be based on the ability of the nutrient to resist degradation at the wastewater treatment plant, but instead, on the ability of the nutrient to resist degradation within a natural environment for the amount of time that it is expected to remain in the Chesapeake Bay watershed. This demonstration shall also be consistent with the assumptions and methods used to derive the allocations through the Chesapeake Bay models. In these cases, the board may limit the permitted discharge to the bioavailable portion of the assigned wasteload allocation.

C. Schedule of compliance.

1. ~~The following schedule of compliance pertaining to the load allocations for total nitrogen and total phosphorus applies to the~~ For facilities listed in 9VAC25-820-80, compliance with chlorophyll-a based total phosphorus wasteload allocations shall be achieved as soon as possible but no later than January 1, 2026. Compliance with floating wasteload allocations shall be no later than the January 1, 2026, effective date of the allocations.

a. Compliance shall be achieved as soon as possible, but no later than the following dates, subject to any compliance plan-based adjustment by the board pursuant to subdivision 1 b of this subsection, for each upgrade phase:

~~Upgrade Phase~~	~~Limit Effective Date~~
~~Phase I Total Nitrogen~~	~~January 1, 2017~~
~~Phase 2 Total Nitrogen~~	~~January 1, 2022~~
~~Phase 2 Total Phosphorus~~	~~January 1, 2017~~

b. 2. Following submission of compliance plans and compliance plan updates required by 9VAC25-820-40, the board shall reevaluate the schedule of compliance in subdivision 1 a of this subsection, taking into account the information in the compliance plans and the factors in § 62.1-44.19:14 C 2 of the Code of Virginia. When warranted based on such information and factors, the board shall adjust the schedule in subdivision 1 a of this subsection as appropriate by modification or reissuance of this general permit.

2. 3. The registration list shall contain individual dates for compliance with wasteload allocations for dischargers, as follows:

a. Owners of facilities listed in 9VAC25-820-80 will have individual dates for compliance based on their respective compliance plans that may be earlier than the ~~upgrade phase~~ schedule listed in subdivision 1 of this subsection.

b. Owners of facilities listed in 9VAC25-820-80 that waive their compliance schedules in accordance with 9VAC25-820-40 A 2 b shall have an individual compliance date of January 1, ~~2017~~ 2022.

c. Upon completion of the projects contained in their compliance plans, owners of facilities listed in 9VAC25-820-80 may receive a revised individual compliance date of January 1 for the calendar year immediately following the year in which a Certificate to Operate was issued for the capital projects, but not later than ~~the upgrade phase schedule listed in subdivision 1 of this subsection~~ January 1, 2026.

d. Owners of new and expanded facilities will have individual dates for compliance corresponding to the date that coverage under this general permit was extended to discharges from the facility.

~~3. The significant dischargers in the James River Basin shall meet aggregate discharged wasteload allocations of 8,968,864 lbs/yr TN and 545,558 lbs/yr TP by January 1, 2023.~~

D. Annual update of compliance plan. Every owner of a facility required to submit a registration statement shall either individually or through the Virginia Nutrient Credit Exchange Association submit updated compliance plans to the department no later than February 1 of each year. The compliance plans shall contain sufficient information to document a plan to achieve and maintain compliance with applicable total nitrogen and total phosphorus individual wasteload allocations on the registration list and aggregate wasteload allocations in Part I C 3. Compliance plans for owners of facilities that were required to submit a registration statement with the department under Part I G 1 a may rely on the acquisition of point source credits in accordance with Part I J of this general permit~~, but not the acquisition of credits through payments into the Nutrient Offset Fund,~~ to achieve compliance with the individual and combined wasteload allocations in each tributary. Annual compliance plan updates for facilities subject to reduced wasteload allocations and listed in 9VAC25-820-80 shall not rely on the acquisition of credits through payments into the Nutrient Offset Fund. Compliance plans for expansions or new discharges for owners of facilities that are required to submit a registration statement with the department under Part I G 1 b and c may rely on the acquisition of allocation in accordance with Part II B of this general permit to achieve compliance with the individual and combined wasteload allocations in each tributary.

E. Monitoring requirements.

1. Discharges shall be monitored by the permittee during weekdays as specified in the table below unless the department determines that weekday only sampling results in a non-representative load. Weekend monitoring or alternative monthly load calculations to address production schedules or seasonal flows shall be submitted to the department for review and approval on a case-by-case basis. Facilities that exhibit instantaneous discharge flows that vary from the daily average discharge flow by less than 10% may submit a proposal to the department to use an alternative sample type; such proposals shall be reviewed and approved by the department on a case-by-case basis.

Parameter	Sample Type and Collection Frequency
STP design flow	≥20.0 MGD	1.0 - 19.999 MGD	0.5 - 0.999 MGD	0.040 - 0.499 MGD	< 0.040 MGD
Effluent TN load limit for industrial facilities		≥ 100,000 ~~- > 350,000~~ lb/yr	50,000 - 99,999 lb/yr	487 - 49,999 lb/yr	< 487 lb/yr
Effluent TP load limit for industrial facilities		≥ 10,000 ~~- > 35,000~~ lb/yr	5,000 - 9,999 lb/yr	37 - 4,999 lb/yr	< 37 lb/yr
Flow	Totalizing, Indicating, and Recording				1/Day, see individual VPDES permit for sample type
Nitrogen Compounds (Total Nitrogen = TKN + NO₂- (as N) + NO₃- (as N))	24 HC 3 Days/Week	24 HC 2 Days/Week*	8 HC 2 Days/Week*	8 HC 2/Month, > 7 days apart	1/Month Grab
Total Phosphorus	24 HC 3 Days/Week	24 HC 2 Days/Week*	8 HC 2 Days/Week*	8 HC 2/Month, > 7 days apart	1/Month Grab
*Two flow composited samples taken in the same calendar week that are then composited by flow into a single weekly composite sample for analysis shall be considered to be in compliance with this requirement.

2. Monitoring for compliance with effluent limitations shall be performed in a manner identical to that used to determine compliance with effluent limitations established in the individual VPDES permit unless specified otherwise in subdivisions 3, 4, and 5 of Part I E. Monitoring or sampling shall be conducted according to analytical laboratory methods approved under 40 CFR Part 136, unless other test or sample collection procedures have been requested by the permittee and approved by the department in writing. All analysis for compliance with effluent limitations shall be conducted in accordance with 1VAC30-45, Certification for Noncommercial Environmental Laboratories, or 1VAC30-46, Accreditation for Commercial Environmental Laboratories. Monitoring may be performed by the permittee at frequencies more stringent than listed in subdivision 1 of Part I E; however, the permittee shall report all results of such monitoring.

3. Loading values greater than or equal to 10 pounds reported in accordance with Part I E and F of this general permit shall be calculated and reported to the nearest pound without regard to mathematical rules of precision. Loading values of less than 10 pounds reported in accordance with Part I E and F of this general permit shall be calculated and reported to at least two significant digits with the exception that all complete calendar year annual loads shall be reported to the nearest pound.

4. Data shall be reported on a form provided by the department, by the same date each month as is required by the owner's individual VPDES permit. The total monthly load shall be calculated in accordance with the following formula:

where:

ML = total monthly load (lb/mo) = average daily load for the calendar month multiplied by the number of days of the calendar month on which a discharge occurred

DL = daily load = daily concentration (expressed as mg/l to the nearest 0.01 mg/l) multiplied by the flow volume of effluent discharged during the 24-hour period (expressed as MGD to at least the nearest 0.01 MGD and in no case less than two significant digits), multiplied by 8.345. Daily loads greater than or equal to 10 pounds may be rounded to the nearest whole number to convert to pounds per day (lbs/day). Daily loads less than or equal to 10 pounds may be rounded to no fewer than two significant figures.

s = number of days in the calendar month in which a sample was collected and analyzed

d = number of discharge days in the calendar month

For total phosphorus, all daily concentration data below the quantification level (QL) for the analytical method used shall be treated as half the QL. All daily concentration data equal to or above the QL for the analytical method used shall be treated as it is reported. If all data are below the QL, then the average shall be reported as half the QL.

For total nitrogen (TN), if none of the daily concentration data for the respective species (i.e., TKN, nitrates/nitrites) are equal to or above the QL for the respective analytical methods used, the daily TN concentration value reported shall equal one half of the largest QL used for the respective species. If one of the data is equal to or above the QL, the daily TN concentration value shall be treated as that data point as reported. If more than one of the data is above the QL, the daily TN concentration value shall equal the sum of the data points as reported.

The quantification levels shall be less than or equal to the following concentrations:

Parameter	Quantification Level
TKN	0.50 mg/l
Nitrite	0.10 mg/l
Nitrate	0.20 mg/l
Nitrite + Nitrate	0.20 mg/l

Higher QLs may be approved on a case-by-case basis where a higher QL routinely results in reportable results of the species in question or is otherwise technically appropriate based on standard lab practices.

The total year-to-date mass load shall be calculated in accordance with the following formula:

where:

AL-YTD = calendar year-to-date annual load (lb/yr)

ML = total monthly load (lb/mo)

The total annual mass load shall be calculated in accordance with the following formula:

where:

AL = calendar year annual load (lb/yr)

ML = total monthly load (lb/mo)

5. The department may authorize a chemical usage evaluation as an alternative means of determining nutrient loading for outfalls where the only source of nutrients is that found in the surface water intake and chemical additives used by the facility. Such an evaluation shall be submitted to the department for review and approval on a case-by-case basis. Implementation of approved chemical usage evaluations shall satisfy the requirements specified under Part I E 1 and 2.

6. Facilities with approved reclamation and reuse programs that choose to base their floating wasteload allocations on treated flow shall measure and report the total annual flow discharged to the reuse distribution system.

F. Annual reporting. On or before February 1, annually, each permittee shall file a discharge monitoring report with the department identifying the annual mass load of total nitrogen and the annual mass load of total phosphorus discharged by the permitted facility during the previous calendar year.

G. Requirement to register; exclusions.

1. The following owners are required to register for coverage under this general permit:

a. Every owner of an existing facility authorized by a VPDES permit to discharge 100,000 gallons or more per day from a sewage treatment work, or an equivalent load from an industrial facility, directly into tidal waters, or 500,000 gallons or more per day from a sewage treatment works, or an equivalent load from an industrial facility, directly into nontidal waters shall submit a registration statement to the department by November 1, 2016, and thereafter upon the reissuance of this general permit in accordance with Part III M. The conditions of this general permit will apply to such owner upon approval of a registration statement.

b. Any owner of a facility authorized by a Virginia Pollutant Discharge Elimination System permit to discharge 40,000 gallons or more per day from a sewage treatment works, or an equivalent load from an industrial facility, directly into tidal or nontidal waters shall submit a registration statement with the department at the time he makes application for an individual permit with the department for a new discharge or expansion that is subject to an offset requirement in Part II of this general permit or to a technology-based requirement in 9VAC25-40-70, and thereafter upon the reissuance of this general permit in accordance with Part III M. The conditions of this general permit will apply to such owner beginning January 1 of the calendar year immediately following approval of a registration statement and issuance or modification of the individual permit.

c. Any owner of a facility treating domestic sewage authorized by a VPDES permit with a discharge greater than 1,000 gallons per day up to and including 39,999 gallons per day that did not commence the discharge of pollutants prior to January 1, 2011, and is subject to offset requirements in accordance with Part II A 1 c of this general permit, shall submit a registration statement with the department at the time he makes application for an individual permit with the department or prior to commencing a discharge, whichever occurs first, and thereafter upon the reissuance of this general permit in accordance with Part III M.

2. All other categories of discharges are excluded from registration under this general permit.

H. Registration statement.

1. The registration statement shall contain the following information:

a. Name, mailing address and telephone number, email address and fax number of the owner (and facility operator, if different from the owner) applying for permit coverage;

b. Name (or other identifier), address, city or county, contact name, phone number, email address and fax number for the facility for which the registration statement is submitted;

c. VPDES permit numbers for all permits assigned to the facility, or pursuant to which the discharge is authorized;

d. If applying for an aggregated wasteload allocation in accordance with Part I B 2 of this permit, a list of all affected facilities and the VPDES permit numbers assigned to these facilities;

e. For new and expanded facilities, a plan to offset new or increased delivered total nitrogen and delivered total phosphorus loads, including the amount of wasteload allocation acquired. Wasteload allocations or credits sufficient to offset projected nutrient loads must be provided for period of at least five years; and

f. For existing facilities, the amount of a facility's wasteload allocation transferred to or from another facility to offset new or increased delivered total nitrogen and delivered total phosphorus loads from a new discharge or expansion.

g. For facilities subject to a floating wasteload allocation as listed in 9VAC25-820-80 with an approved reclamation and reuse system, an indication of whether the allocation should be based on discharged or treated flow. Facilities choosing to base their floating wasteload allocation on treated flow shall provide a water reclamation and reuse flow schematic and a description of how total flows discharged to the reuse distribution system will be measured.

2. The registration statement shall be submitted to the DEQ Central Office, Office of VPDES Permits. Following notification from the department of the start date for the required electronic submission of Notices of Intent to discharge forms (i.e., registration statements), as provide for in 9VAC25-31-1020, such forms submitted after that date shall be electronically submitted to the department in compliance with this section and 9VAC25-31-1020. There shall be at least three months of notice provided between the notification from the department and the date after which such forms must be submitted electronically.

3. An amended registration statement shall be submitted to DEQ immediately upon the acquisition or transfer of a facility's wasteload allocation to offset new or increased delivered total nitrogen and delivered total phosphorus loads from a new discharge or expansion.

I. Public notice for registration statements proposing modifications or incorporations of new wasteload allocations or delivery factors.

1. All public notices issued pursuant to a proposed modification or incorporation of a (i) new wasteload allocation to offset new or increased delivered total nitrogen and delivered total phosphorus loads from a new discharge or expansion or (ii) delivery factor shall be published once a week for two consecutive weeks in a local newspaper of general circulation serving the locality where the facility is located informing the public that the owner of the facility intends to apply for coverage under this general permit. At a minimum, the notice shall include:

a. A statement of the owner's intent to register for coverage under this general permit;

b. A brief description of the facility and its location;

c. The amount of wasteload allocation that will be acquired or transferred if applicable;

d. The delivery factor for a new discharge or expansion;

e. If applicable, any proposed nonpoint source to point source trading ratio less than 2:1 proposed under Part II B 1 b (1);

f. A statement that the purpose of the public participation is to acquaint the public with the technical aspects of the facility and how the standards and the requirements of this chapter will be met, to identify issues of concern, to facilitate communication, and to establish a dialogue between the owner and persons who may be affected by the discharge from the facility;

g. An announcement of a 30-day comment period and the name, telephone number, and address of the owner's representative who can be contacted by the interested persons to answer questions;

h. The name, telephone number, and address of the DEQ representative who can be contacted by the interested persons to answer questions, or where comments shall be sent; and

i. The location where copies of the documentation to be submitted to the department in support of this general permit notification and any supporting documents can be viewed and copied.

2. The owner shall place a copy of the documentation and support documents in a location accessible to the public in the vicinity of the proposed facility.

3. The public shall be provided 30 days to comment on the technical and the regulatory aspects of the proposal. The comment period will begin on the date the notice is published in the local newspaper.

J. Compliance with wasteload allocations.

1. Methods of compliance. The owner of the permitted facility shall comply with its wasteload allocation contained in the registration list maintained by the department. The owner of the permitted facility shall be in compliance with its wasteload allocation if:

a. The annual mass load is less than or equal to the applicable wasteload allocation assigned to the facility in this general permit (or permitted design capacity for expanded facilities without allocations);

b. The owner of the permitted facility acquires sufficient point source nitrogen or phosphorus credits in accordance with subdivision 2 of this subsection; provided, however, that the acquisition of nitrogen or phosphorus credits pursuant to this section shall not alter or otherwise affect the individual wasteload allocations for each permitted facility; or

c. In the event he is unable to meet the individual wasteload allocation pursuant to subdivision 1 a or 1 b of this subsection, the owner of the permitted facility acquires sufficient nitrogen or phosphorus credits through payments made into the Nutrient Offset Fund pursuant to subdivision 3 of this subsection; provided, however, that the acquisition of nitrogen or phosphorus credits pursuant to this section shall not alter or otherwise affect the individual wasteload allocations for each permitted facility.

2. Credit acquisition from owners of permitted facilities. A permittee may acquire point source nitrogen credits or point source phosphorus credits from one or more owners of permitted facilities only if:

a. The credits are generated and applied to a compliance obligation in the same calendar year;

b. The credits are generated by one or more permitted facilities in the same tributary, except that owners of permitted facilities in the Eastern Shore Basin may also acquire credits from owners of permitted facilities in the Potomac and Rappahannock tributaries. Owners of Eastern Shore Basin facilities may acquire credits from the owners of Potomac tributary facilities at a trading ratio of 1:1. A trading ratio of 1.3:1 shall apply to the acquisition of credits from the owners of a Rappahannock tributary facility by the owner of an Eastern Shore Basin facility;

c. The exchange or acquisition of credits does not affect any requirement to comply with local water quality-based limitations as determined by the board;

d. The credits are acquired no later than June 1 immediately following the calendar year in which the credits are applied;

e. The credits are generated by a facility that has been constructed, and has discharged from treatment works whose design flow or equivalent industrial activity is the basis for the facility's wasteload allocations (until a facility is constructed and has commenced operation, such credits are held, and may be sold, by the Nutrient Offset Fund; and

f. No later than June 1 immediately following the calendar year in which the credits are applied, the permittee certifies on a credit exchange notification form supplied by the department that he has acquired sufficient credits to satisfy his compliance obligations. The permittee shall comply with the terms and conditions contained in the credit exchange notification form submitted to the department.

3. Credit acquisitions from the Nutrient Offset Fund. Until such time as the board finds that no allocations are reasonably available in an individual tributary, permittees that cannot meet their total nitrogen or total phosphorus effluent limit may acquire nitrogen or phosphorus credits through payments made into the Nutrient Offset Fund established in § 10.1-2128.2 of the Code of Virginia only if, no later than June 1 immediately following the calendar year in which the credits are to be applied, the permittee certifies on a form supplied by the department that he has diligently sought, but has been unable to acquire, sufficient credits to satisfy his compliance obligations through the acquisition of point source nitrogen or phosphorus credits with other permitted facilities, and that he has acquired sufficient credits to satisfy his compliance obligations through one or more payments made in accordance with the terms of this general permit. Such certification may include, but not be limited to, providing a record of solicitation or demonstration that point source allocations are not available for sale in the tributary in which the permittee's facility is located. Payments to the Nutrient Offset Fund shall be in the amount of ~~$4.60~~ $5.08 for each pound of nitrogen and ~~$10.10~~ $11.15 for each pound of phosphorus and shall be subject to the following requirements:

a. The credits are generated and applied to a compliance obligation in the same calendar year.

b. The credits are generated in the same tributary, except that owners of permitted facilities in the Eastern Shore Basin may also acquire credits from the owners of facilities that discharge to the Potomac and Rappahannock tributaries. Owners of Eastern Shore Basin facilities may acquire credits from the owners of facilities that discharge to a Potomac tributary at a trading ratio of 1:1. A trading ratio of 1.3:1 shall apply to the acquisition of credits from owners of facilities that discharge to a Rappahannock tributary by the owners of an Eastern Shore Basin facility.

c. The acquisition of credits does not affect any requirement to comply with local water quality-based limitations, as determined by the board.

4. This general permit neither requires nor prohibits a municipality or regional sewerage authority's development and implementation of trading programs among industrial users, which are consistent with the pretreatment regulatory requirements at 40 CFR Part 403 and the municipality's or authority's individual VPDES permit.

Part II

SPECIAL CONDITIONS APPLICABLE TO NEW AND EXPANDED FACILITIES

A. Offsetting mass loads discharged by new and expanded facilities.

1. An owner of a new or expanded facility shall comply with the applicable requirements of this section as a condition of the facility's coverage under this general permit.

a. An owner of a facility authorized by a VPDES permit first issued before July 1, 2005, that expands the facility to discharge 40,000 gallons or more per day, or an equivalent load, shall demonstrate to the department that he has acquired wasteload allocations sufficient to offset any increase in his delivered total nitrogen and delivered total phosphorus loads resulting from any expansion beyond his permitted capacity as of July 1, 2005.

b. An owner of a facility authorized by a VPDES permit first issued on or after July 1, 2005, to discharge 40,000 gallons or more per day, or an equivalent load, shall demonstrate to the department that he has acquired wasteload allocations sufficient to offset his delivered total nitrogen and delivered total phosphorus loads.

c. An owner of a facility treating domestic sewage authorized by a VPDES permit with a discharge greater than 1,000 gallons per day up to and including 39,999 gallons per day that did not commence the discharge of pollutants prior to January 1, 2011, shall demonstrate to the department that he has acquired wasteload allocations sufficient to offset his delivered total nitrogen and delivered phosphorus loads prior to commencing the discharge, except when the facility is for short-term temporary use only as determined by the department or when treatment of domestic sewage is not the primary purpose of the facility.

2. Offset calculations shall address the proposed discharge that exceeds:

a. The applicable wasteload allocation assigned to discharges from the facility in this general permit, for expanding significant dischargers with a wasteload allocation listed in 9VAC25-720-50 C, 9VAC25-720-60 C, 9VAC25-720-70 C, 9VAC25-720-110 C, and 9VAC25-720-120 C of the Water Quality Management Planning Regulation;

b. The permitted design capacity, for all other expanding dischargers; and

c. Zero, for facilities with a new discharge.

3. An owner of multiple facilities that discharge into the same tributary, and assigned an aggregate mass load limit in accordance with Part I B 2 of this general permit, that undertakes construction of new or expanded facilities shall be required to acquire wasteload allocations sufficient to offset any increase in delivered total nitrogen and delivered total phosphorus loads resulting from any expansion beyond the aggregate mass load limit assigned these facilities.

B. Acquisition of wasteload allocations. wasteload allocations required by this section to offset new or increased delivered total nitrogen and delivered total phosphorus loads shall be acquired in accordance with this section.

1. Such allocations may be acquired from one or a combination of the following:

a. Acquisition of all or a portion of the wasteload allocations or point source nitrogen or point source phosphorus credits from the owners of one or more permitted facilities, based on delivered pounds by the respective trading parties as listed by the department;

b. Acquisition of credits certified by the board pursuant to § 62.1-44.19:20 of the Code of Virginia. Credits used to offset new or increased nutrient loads under this subdivision shall be:

(1) Subject to a trading ratio of two pounds reduced for every pound to be discharged if certified as a nonpoint source credit by the board pursuant to § 62.1-44.19:20 of the Code of Virginia. On a case-by-case basis the board may approve nonpoint source to source trading ratios of less than 2:1 (but not less than 1:1) when the applicant demonstrates factors that ameliorate the presumed 2:1 uncertainty ratio for credits generation by nonpoint sources such as:

(a) When direct and representative monitoring of the pollutant loadings from a nonpoint source is performed in a manner and at a frequency similar to that performed at VPDES point sources and there is consistency in the effectiveness of the operation of the nonpoint source best management practice (BMP) approaching that of a conventional point source.

(b) When nonpoint source credits are generated from land conservation that ensures permanent protection through a conservation easement or other instrument attached to the deed and when load reductions can be reliably determined;

(2) Calculated using best management practices efficiency rates and attenuation rates, as established by the latest science and relevant technical information, and approved by the board;

(3) Based on appropriate delivery factors, as established by the latest science and relevant technical information, and approved by the board;

(4) Demonstrated to have achieved reductions beyond those already required by or funded under federal or state law, or by Virginia's Chesapeake Bay TMDL Watershed Implementation Plan;

(5) Generated in accordance with conditions of the facility's individual VPDES permit; and

(6) In the case of credits generated by land use conversions and urban source reduction controls (BMPs), the credits shall represent nutrient reductions beyond those in place as of July 1, 2005;

c. Until such time as the board finds that no allocations are reasonably available in an individual tributary, acquisition of allocations through payments made into the Nutrient Offset Fund established in § 10.1-2128.2 of the Code of Virginia; or

d. Acquisition of allocations through such other means as may be approved by the department on a case-by-case basis. This includes allocations granted by the board to an owner of a facility that is authorized by a VPA permit to land apply domestic sewage if:

(1) The VPA permit was issued before July 1, 2005;

(2) The allocation does not exceed the facility's permitted design capacity as of July 1, 2005;

(3) The waste treated by the facility that is covered under the VPA permit will be treated and discharged pursuant to a VPDES permit for a new discharge; and

(4) The owner installs state-of-the-art nutrient removal technology at such a facility.

2. Acquisition of allocations or point source nitrogen or point source phosphorus credits is subject to the following conditions:

a. The allocations or credits shall be generated and applied to an offset obligation in the same calendar year in which the credit is generated;

b. The allocations or credits shall be generated in the same tributary;

c. Such acquisition does not affect any requirement to comply with local water quality-based limitations, as determined by the board;

d. The allocations are authenticated (i.e., verified to have been generated) by the permittee as required by the facility's individual VPDES permit, utilizing procedures approved by the board, no later than February 1 immediately following the calendar year in which the allocations are applied; and

e. If obtained from the owner of a permitted point source, the allocations shall be generated by a facility that has been constructed, and has discharged from treatment works whose design flow or equivalent industrial activity is the basis for the facility's wasteload allocations.

f. Such allocations or credits shall be secured for a period of five years with each registration under the general permit.

3. Priority of options. The board shall give priority to allocations or credits acquired in accordance with subdivisions 1 a, b, and d of this subsection. The board shall approve allocations acquired in accordance with subdivision 1 c of this subsection only after the owner has demonstrated that he has made a good faith effort to acquire sufficient allocations in accordance with subdivisions 1 a and 1 b of this subsection, and that such allocations are not reasonably available taking into account timing, cost and other relevant factors. Such demonstration may include, but not be limited to, providing a record of solicitation, or other demonstration that point source allocations or nonpoint source allocations are not available for sale in the tributary in which the permittee's facility discharge is located.

4. Annual allocation acquisitions from the Nutrient Offset Fund. The cost for each pound of nitrogen and each pound of phosphorus shall be determined at the time payment is made to the Nutrient Offset Fund, based on the higher of (i) the estimated cost of achieving a reduction of one pound of nitrogen or phosphorus at the facility that is securing the allocation, or comparable facility, for each pound of allocation acquired; or (ii) the average cost, as determined by the department on an annual basis, of reducing two pounds of nitrogen or phosphorus from nonpoint sources in the same tributary for each pound of allocation acquired.

Part III

CONDITIONS APPLICABLE TO ALL VPDES PERMITS

A. Monitoring.

1. Samples and measurements taken as required by this permit shall be representative of the monitored activity.

2. Monitoring shall be conducted according to procedures approved under 40 CFR Part 136 or alternative methods approved by the U.S. Environmental Protection Agency, unless other procedures have been specified in this permit.

3. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals that will ensure accuracy of measurements.

4. Samples taken as required by this permit shall be analyzed in accordance with 1VAC30-45 (Certification for Noncommercial Environmental Laboratories) or 1VAC30-46 (Accreditation for Commercial Environmental Laboratories).

B. Records.

1. Records of monitoring information shall include:

a. The date, exact place, and time of sampling or measurements;

b. The individuals who performed the sampling or measurements;

c. The dates and times analyses were performed;

d. The individuals who performed the analyses;

e. The analytical techniques or methods used; and

f. The results of such analyses.

2. Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years, the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the registration statement for this permit, for a period of at least three years from the date of the sample, measurement, report, or request for coverage. This period of retention shall be extended automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards applicable to the permittee or as requested by the board.

C. Reporting monitoring results.

1. The permittee shall submit the results of the monitoring required by this permit not later than the 10th day of the month after monitoring takes place, unless another reporting schedule is specified elsewhere in this permit. Monitoring results shall be submitted to the department's regional office.

2. Monitoring results shall be reported on a Discharge Monitoring Report (DMR) or on forms provided, approved, or specified by the department.

3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than required by this permit using test procedures approved under 40 CFR Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted on the DMR or reporting form specified by the department.

4. Calculations for all limitations that require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit.

D. Duty to provide information. The permittee shall furnish to the department, within a reasonable time, any information that the board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating coverage under this permit or to determine compliance with this permit. The board may require the permittee to furnish, upon request, such plans, specifications, and other pertinent information as may be necessary to determine the effect of the wastes from the discharge on the quality of state waters or such other information as may be necessary to accomplish the purposes of the State Water Control Law. The permittee shall also furnish to the department, upon request, copies of records required to be kept by this permit.

E. Compliance schedule reports. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date.

F. Unauthorized discharges. Except in compliance with this permit or another permit issued by the board, it shall be unlawful for any person to:

1. Discharge into state waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances; or

2. Otherwise alter the physical, chemical, or biological properties of such state waters and make them detrimental to the public health, to animal or aquatic life, or to the use of such waters for domestic or industrial consumption, for recreation, or for other uses.

G. Reports of unauthorized discharges. Any permittee that discharges or causes or allows a discharge of sewage, industrial waste, other wastes, or any noxious or deleterious substance into or upon state waters in violation of Part III F, or that discharges or causes or allows a discharge that may reasonably be expected to enter state waters in violation of Part III F, shall notify the department of the discharge immediately upon discovery of the discharge, but in no case later than 24 hours after said discovery. A written report of the unauthorized discharge shall be submitted to the department within five days of discovery of the discharge. The written report shall contain:

1. A description of the nature and location of the discharge;

2. The cause of the discharge;

3. The date on which the discharge occurred;

4. The length of time that the discharge continued;

5. The volume of the discharge;

6. If the discharge is continuing, how long it is expected to continue;

7. If the discharge is continuing, what the expected total volume of the discharge will be; and

8. Any steps planned or taken to reduce, eliminate, and prevent a recurrence of the present discharge or any future discharge not authorized by this permit.

Discharges reportable to the department under the immediate reporting requirements of other regulations are exempted from this requirement.

H. Reports of unusual or extraordinary discharges. If any unusual or extraordinary discharge including a bypass or upset should occur from a treatment works and the discharge enters or could be expected to enter state waters, the permittee shall promptly notify, in no case later than 24 hours, the department by telephone after the discovery of the discharge. This notification shall provide all available details of the incident, including any adverse effects on aquatic life and the known number of fish killed. The permittee shall reduce the report to writing and shall submit it to the department within five days of discovery of the discharge in accordance with Part III I 2. Unusual and extraordinary discharges include, but are not limited to, any discharge resulting from:

1. Unusual spillage of materials resulting directly or indirectly from processing operations;

2. Breakdown of processing or accessory equipment;

3. Failure or taking out of service some or all of the treatment works; and

4. Flooding or other acts of nature.

I. Reports of noncompliance. The permittee shall report any noncompliance that may adversely affect state waters or may endanger public health.

1. An oral report shall be provided within 24 hours from the time the permittee becomes aware of the circumstances. The following shall be included as information that shall be reported within 24 hours under this paragraph:

a. Any unanticipated bypass; and

b. Any upset that causes a discharge to surface waters.

2. A written report shall be submitted within five days and shall contain:

a. A description of the noncompliance and its cause;

b. The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and

c. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.

The board may waive the written report on a case-by-case basis for reports of noncompliance under Part III I if the oral report has been received within 24 hours and no adverse impact on state waters has been reported.

3. The permittee shall report all instances of noncompliance not reported under Part III I 1 or 2, in writing, at the time the next monitoring reports are submitted. The reports shall contain the information listed in Part III I 2.

NOTE: The immediate (within 24 hours) reports required in Part III G, H, and I may be made to the department's regional office. Reports may be made by telephone, FAX, or online at ~~http://www.deq.virginia.gov/Programs/PollutionResponsePreparedness/ MakingaReport.aspx.~~ https://www.deq.virginia.gov/Programs/PollutionResponse Preparedness/MakingaReport.aspx. For reports outside normal working hours, a message may be left and this shall fulfill the immediate reporting requirement. For emergencies, the Virginia Department of Emergency Management maintains a 24-hour telephone service at 1-800-468-8892.

4. When the permittee becomes aware that it failed to submit any relevant facts in the permit registration statement or submitted incorrect information in a permit registration statement, it shall promptly submit such facts or information.

J. Notice of planned changes.

1. The permittee shall give notice to the department as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when:

a. The permittee plans alteration or addition to any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced:

(1) After promulgation of standards of performance under § 306 of the Clean Water Act (33 USC § 1251 et seq.) that are applicable to such source; or

(2) After proposal of standards of performance in accordance with § 306 of the Clean Water Act that are applicable to such source, but only if the standards are promulgated in accordance with § 306 within 120 days of their proposal;

b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants that are subject neither to effluent limitations nor to notification requirements specified elsewhere in this permit; or

c. The alteration or addition results in a significant change in the permittee's sludge use or of disposal practices, and such alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or of disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan.

2. The permittee shall give advance notice to the department of any planned changes in the permitted facility or activity that may result in noncompliance with permit requirements.

K. Signatory requirements.

1. Registration statement. All registration statements shall be signed as follows:

a. For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy-making or decision-making functions for the corporation or (ii) the manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations and initiating and directing other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or other actions taken to gather complete and accurate information for permit registration requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or

c. For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a public agency includes (i) the chief executive officer of the agency or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.

2. Reports, etc. All reports required by permits and other information requested by the board shall be signed by a person described in Part III K 1 or by a duly authorized representative of that person. A person is a duly authorized representative only if:

a. The authorization is made in writing by a person described in Part III K 1;

b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. A duly authorized representative may thus be either a named individual or any individual occupying a named position; and

c. The written authorization is submitted to the department.

3. Changes to authorization. If an authorization under Part III K 2 is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Part III K 2 shall be submitted to the department prior to or together with any reports, or information to be signed by an authorized representative.

4. Certification. Any person signing a document under Part III K 1 or 2 shall make the following certification:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

L. Duty to comply. The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the State Water Control Law and the Clean Water Act, except that noncompliance with certain provisions of this permit may constitute a violation of the State Water Control Law but not the Clean Water Act. Permit noncompliance is grounds for enforcement action;, for permit coverage termination, ~~revocation and reissuance, or modification;~~ or denial of a permit coverage renewal application.

The permittee shall comply with effluent standards or prohibitions established under § 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under § 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if this permit has not yet been modified to incorporate the requirement.

M. Duty to reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee shall submit a new registration statement at least 60 days before the expiration date of the existing permit, unless permission for a later date has been granted by the board. The board shall not grant permission for registration statements to be submitted later than the expiration date of the existing permit.

N. Effect of a permit. This permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights or any infringement of federal, state, or local law or regulations.

O. State law. Nothing in this permit shall be construed to preclude the institution of any legal action under, or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to, any other state law or regulation or under authority preserved by § 510 of the Clean Water Act. Except as provided in permit conditions on "bypassing" (Part III U) and "upset" (Part III V), nothing in this permit shall be construed to relieve the permittee from civil and criminal penalties for noncompliance.

P. Oil and hazardous substance liability. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from responsibilities, liabilities, or penalties to which the permittee is or may be subject under §§ 62.1-44.34:14 through 62.1-44.34:23 of the State Water Control Law.

Q. Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) that are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also include effective plant performance, adequate funding, adequate staffing, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems that are installed by the permittee only when the operation is necessary to achieve compliance with the conditions of this permit.

R. Disposal of solids or sludges. Solids, sludges, or other pollutants removed in the course of treatment or management of pollutants shall be disposed of in a manner so as to prevent any pollutant from such materials from entering state waters.

S. Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment.

T. Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

U. Bypass.

1. "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility. The permittee may allow any bypass to occur that does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to ensure efficient operation. These bypasses are not subject to the provisions of Part III U 2 and 3.

2. Notice.

a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, prior notice shall be submitted, if possible, at least 10 days before the date of the bypass.

b. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part III I.

3. Prohibition of bypass.

a. Bypass is prohibited, and the board may take enforcement action against a permittee for bypass, unless:

(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

(2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass that occurred during normal periods of equipment downtime or preventive maintenance; and

(3) The permittee submitted notices as required under Part III U 2.

b. The board may approve an anticipated bypass after considering its adverse effects if the board determines that it will meet the three conditions listed in Part III U 3 a.

V. Upset.

1. An upset, defined in 9VAC25-31-10, constitutes an affirmative defense to an action brought for noncompliance with technology-based permit effluent limitations if the requirements of Part III V 2 are met. A determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is not a final administrative action subject to judicial review.

2. A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed, contemporaneous operating logs, or other relevant evidence that:

a. An upset occurred and that the permittee can identify the cause or causes of the upset;

b. The permitted facility was at the time being properly operated;

c. The permittee submitted notice of the upset as required in Part III I; and

d. The permittee complied with remedial measures required under Part III S.

3. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof.

W. Inspection and entry. The permittee shall allow the director, or an authorized representative (including an authorized contractor acting as a representative of the administrator), upon presentation of credentials and other documents as may be required by law, to:

1. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit;

2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;

3. Inspect at reasonable times facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and

4. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act and the State Water Control Law, substances or parameters at any location.

For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours ~~and~~ or whenever the facility is discharging. Nothing contained herein shall make an inspection unreasonable during an emergency.

X. Permit actions. Permits may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, termination, or notification of planned changes or anticipated noncompliance does not stay any permit condition.

Y. Transfer of ~~permits~~ permit coverage. ~~Permits are~~ Permit coverage is not transferable to any person except after notice to the department. Coverage under this permit may be automatically transferred to a new permittee if:

1. The current permittee notifies the department within 30 days of the transfer of the title to the facility or property, unless permission for a later date has been granted by the board;

2. The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and

3. The board does not notify the existing permittee and the proposed new permittee of its intent to deny the new permittee coverage under the permit. If this notice is not received, the transfer is effective on the date specified in the agreement described in Part III Y 2.

Z. Severability. The provisions of this permit are severable, and if any provision of this permit or the application of any provision of this permit to any circumstance is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby.

9VAC25-820-80. Facilities subject to reduced ~~inidividual~~ individual total nitrogen and total phosphorus wasteload allocations.

~~The James River facilities identified in this section are subject to reduced individual total nitrogen and total phosphorus wasteload allocations as indicated.~~

~~Facility~~	~~VPDES No.~~	~~Phase 1~~ ~~Total Nitrogen (lbs/yr)~~	~~Phase 2~~ ~~Total Nitrogen (lbs/yr)~~	~~Phase 2~~ ~~Total Phosphorus (lbs/yr)~~
~~Buena Vista STP~~	~~VA0020991~~	~~N/A~~	~~N/A~~	~~2,778~~
~~Covington STP~~	~~VA0025542~~	~~N/A~~	~~N/A~~	~~3,705~~
~~GP Big Island LLC~~	~~VA0003026~~	~~N/A~~	~~N/A~~	~~40,273~~
~~Mohawk Industries, Inc.~~	~~VA0004677~~	~~N/A~~	~~N/A~~	~~9,880~~
~~Lexington - Rockbridge Regional WQCF~~	~~VA0088161~~	~~N/A~~	~~N/A~~	~~3,705~~
~~Alleghany County - Low Moor STP~~	~~VA0027979~~	~~N/A~~	~~N/A~~	~~617~~
~~Lower Jackson River STP~~	~~VA0090671~~	~~N/A~~	~~N/A~~	~~1,852~~
~~Clifton Forge STP~~	~~VA0022772~~	~~N/A~~	~~N/A~~	~~2,470~~
~~MeadWestvaco~~	~~VA0003646~~	~~N/A~~	~~N/A~~	~~96,771~~
~~Amherst - Rutledge Creek WWTP~~	~~VA0031321~~	~~N/A~~	~~N/A~~	~~741~~
~~BWX Technologies Inc.~~	~~VA0003697~~	~~N/A~~	~~N/A~~	~~1,235~~
~~Greif Inc.~~	~~VA0006408~~	~~N/A~~	~~N/A~~	~~24,082~~
~~Lake Monticello STP~~	~~VA0024945~~	~~N/A~~	~~N/A~~	~~1,229~~
~~Lynchburg STP (DWF only)~~	~~VA0024970~~	~~N/A~~	~~N/A~~	~~27,169~~
~~RWSA - Moores Creek Regional STP~~	~~VA0025518~~	~~N/A~~	~~N/A~~	~~18,525~~
~~Powhatan CC STP~~	~~VA0020699~~	~~N/A~~	~~N/A~~	~~581~~
~~Crewe WWTP~~	~~VA0020303~~	~~N/A~~	~~N/A~~	~~617~~
~~Farmville WWTP~~	~~VA0083135~~	~~N/A~~	~~N/A~~	~~2,964~~
~~Richmond WWTP (DWF only)~~	~~VA0063177~~	~~N/A~~	~~N/A~~	~~55,574~~
~~E. I. DuPont - Spruance~~	~~VA0004669~~	~~N/A~~	~~N/A~~	~~6,339~~
~~Chesterfield County - Falling Creek WWTP~~	~~VA0024996~~	~~N/A~~	~~N/A~~	~~12,473~~
~~Chesterfield County - Proctors Creek WWTP~~	~~VA0060194~~	~~N/A~~	~~N/A~~	~~33,344~~
~~Dominion - Chesterfield (Net)~~	~~VA0004146~~	~~N/A~~	~~N/A~~	~~170~~
~~Henrico County WWTP~~	~~VA0063690~~	~~N/A~~	~~N/A~~	~~92,623~~
~~The Sustainability Park LLC~~	~~VA0002780~~	~~N/A~~	~~N/A~~	~~1,556~~
~~Philip Morris USA - Park 500~~	~~VA0026557~~	~~N/A~~	~~N/A~~	~~2,149~~
~~Honeywell - Hopewell~~	~~VA0005291~~	~~N/A~~	~~N/A~~	~~41,841~~
~~Hopewell Regional WTF~~	~~VA0066630~~	~~N/A~~	~~N/A~~	~~61,749~~
~~South Central WW Authority WWTF~~	~~VA0025437~~	~~N/A~~	~~N/A~~	~~28,404~~
~~Tyson Foods - Glen Allen~~	~~VA0004031~~	~~N/A~~	~~N/A~~	~~409~~
~~Chickahominy WWTP~~	~~VA0088480~~	~~N/A~~	~~N/A~~	~~123~~
~~HRSD - Boat Harbor STP~~	~~VA0081256~~	~~N/A~~	~~N/A~~	~~43,177~~
~~HRSD - James River STP~~	~~VA0081272~~	~~N/A~~	~~N/A~~	~~34,541~~
~~HRSD - Williamsburg STP~~	~~VA0081302~~	~~N/A~~	~~N/A~~	~~38,859~~
~~HRSD - Nansemond STP~~	~~VA0081299~~	~~N/A~~	~~N/A~~	~~51,812~~
~~HRSD - Army Base STP~~	~~VA0081230~~	~~N/A~~	~~N/A~~	~~31,087~~
~~HRSD - Virginia Initiative Plant WWTP~~	~~VA0081281~~	~~N/A~~	~~N/A~~	~~69,083~~
~~HRSD - Chesapeake - Elizabeth STP~~	~~VA0081264~~	~~N/A~~	~~N/A~~	~~41,450~~
HRSD Aggregate Nutrient Discharge*	~~N/A~~	~~4,400,000~~	~~3,400,000~~	~~310,010~~
~~JH Miles and Company~~	~~VA0003263~~	~~N/A~~	~~N/A~~	~~17,437~~
^*HRSD James River Aggregate includes Boat Harbor STP (VA0081256), James River STP (VA0081272), Williamsburg STP (VA0081302), Nansemond STP (VA0081299), Army Base STP (VA0081230), Virginia Initiative STP (VA0081281), and Chesapeake - Elizabeth STP (VA0081264).

A. Floating wasteload allocations.

Facility	VPDES No.
ACSA - Middle River Regional WWTP	VA0064793
North River WWTF	VA0060640
Waynesboro WWTP	VA0025151
Front Royal WWTP	VA0062812
Broad Run WRF	VA0091383
Leesburg WPCF	VA0092282
VA American Water Prince William - Section 1 WWTF	VA0024724
VA American Water Prince William - Section 8 WWTF	VA0024678
H. L. Mooney WWTF	VA0025101
Opequan WRF	VA065552
Parkins Mill WWTF	VA0075191
Alexandria Renew Enterprises WWTP	VA0025160
Arlington County WPCF	VA0025143
Noman M Cole Jr PCP	VA0025364
Aquia WWTP	VA0060968
Culpeper WWTP	VA0061590
FMC WWTF	VA0068110
Fredericksburg WWTF	VA0025127
Little Falls Run WWTF	VA0076392
Massaponax WWTF	VA0025658
HRSD - York River STP	VA0081311
Totopotomoy WWTP	VA0089915
Lynchburg STP	VA0024970
Moores Creek Advanced WRRF	VA0025518
Falling Creek WWTP	VA0024996
Henrico County WWTP	VA0063690
Hopewell WWTP	VA0066630
HRSD - Boat Harbor STP	VA0081256
HRSD - James River STP	VA0081272
HRSD - Williamsburg STP	VA0081302
Proctor's Creek WWTP	VA0060194
Richmond WWTP	VA0063177
South Central Wastewater Authority WWTP	VA0025437
HRSD - Nansemond STP	VA0081299
HRSD - Army Base STP	VA0081230
HRSD - VIP WWTP	VA0081281

B.Chlorophyll-a based total phosphorus wasteload allocations.

Facility	VPDES No.
Richmond WWTP	VA0063177
Falling Creek WWTP	VA0024996
Proctor's Creek WWTP	VA0060194
Henrico County WWTP	VA0063690
Phillip Morris - Park 500	VA0026557
Hopewell WWTP	VA0063690
South Central Wastewater Authority WWTP	VA0025437

VA.R. Doc. No. R20-6191; Filed August 04, 2021

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REGULATIONSVol. 38 Iss. 1 - August 30, 2021

REGULATIONS
Vol. 38 Iss. 1 - August 30, 2021