REGULATIONS
Vol. 31 Iss. 12 - February 09, 2015

TITLE 2. AGRICULTURE
BOARD OF AGRICULTURE AND CONSUMER SERVICES
Final Regulation

REGISTRAR'S NOTICE: The Board of Agriculture and Consumer Services is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4002 A 13 of the Code of Virginia, which excludes the board when promulgating regulations pursuant to § 3.2-5206 of the Code of Virginia.

Title of Regulation: 2VAC5-490. Regulations Governing Grade "A" Milk (amending 2VAC5-490-10 through 2VAC5-490-30, 2VAC5-490-31, 2VAC5-490-33 through 2VAC5-490-37, 2VAC5-490-39, 2VAC5-490-39.3, 2VAC5-490-40 through 2VAC5-490-73, 2VAC5-490-90, 2VAC5-490-100, 2VAC5-490-131, 2VAC5-490-132, 2VAC5-490-136, 2VAC5-490-138, 2VAC5-490-140).

Statutory Authority: § 3.2-5206 of the Code of Virginia.

Effective Date: January 21, 2015.

Agency Contact: Carolyn Peterson, Program Supervisor, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-1452, FAX (804) 371-7792, TTY (800) 828-1120, or email carolyn.peterson@vdacs.virginia.gov.

Summary:

The amendments update the regulations to reflect changes in the federal Grade "A" Pasteurized Milk Ordinance (PMO), 2013 Revision, and make other changes. The amendments include:

1. Add definitions to address new developments in the industry, including definitions for "aseptic processing and packaging systems," "clean in place," "contaminated milk," and "food allergen."

2. Eliminate the requirement for official cryoscope (added water) testing in milk since this testing is already performed by the dairy cooperatives as well as by fluid milk processing plants and eliminate regulatory action requirements (warnings, suspension, and reinstatement) for volatile cryoscope results because cryoscope testing will no longer be required;

3. Add minimum frequencies for inspections of dairy farms, milk tank trucks, and milk hauler/samplers;

4. Add a provision requiring that all tests for pasteurized milk and milk products requiring sampling and testing be performed only when test methods are available that are validated by the Food and Drug Administration and accepted by the National Conference on Interstate Milk Shipments;

5. Add requirements for screening or testing of raw milk transported in containers other than bulk milk tankers (i.e., milk cans), which reflects changes in the industry regarding bulk milk containers;

6. Add information regarding the processing requirements for heat-treated cream;

7. Add grade "A" pasteurized condensed standards for temperature and coliform to the grade "A" milk and milk products standards in 2VAC5-490-50;

8. Eliminate certain standards applying to nonfat dry milk, which are quality based and not dairy safety related;

9. Add provisions authorizing the utilization of electronic temperature recording charts on dairy farm bulk tanks, which reflects changes in the industry as well as the 2013 PMO and allows the industry to legally utilize electronic temperature monitoring systems;

10. Add provisions relating to temperature requirements for "milk product flavoring slurries" and cultured cottage cheese, which enables the dairy program to provide specific temperature requirements for these products and processes and further ensures the safety of the milk supply;

11. Incorporate by reference Appendices H and S from the 2013 PMO into the regulation. Appendix H relates to regulatory requirements at the dairy farm level (e.g., temperature) and Appendix S addresses aseptic processing requirements at the grade "A" fluid milk processing plant;

12. Add provisions allowing for use of hand drying devices; and

13. Add certain requirements relating to block-bleed-block or mix-proof valves for automatic milking installations to ensure that these machines have proper valves and further ensure that the milk supply remains safe.

Part I
Definitions and Standards of Identity

2VAC5-490-10. Definitions and standards of identity.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"A hazard that is reasonably likely to occur" means a hazard for which a prudent milk plant, receiving station or transfer station operator would establish controls because experience, illness data, scientific reports, or other information provide a basis to conclude that there is a reasonable possibility that, in the absence of these controls, the hazard will occur in the particular type of milk, milk product, condensed milk, condensed milk product, dry milk, or dry milk product being processed.

"Abnormal milk" means milk that is visibly changed in color, odor, or texture and is not suitable for sale for grade A purposes.

"Acidified milk" means "acidified milk" as defined in 21 CFR 131.111.

"Acidified milk product" means a product with an acidity of not less than 0.50% expressed as lactic acid, which product is obtained by the addition of food grade acids to pasteurized cream, half-and-half, heavy cream, light cream, lowfat milk, milk, skim milk, or sour cream.

"Acidified sour cream" means "acidified sour cream" as defined in 21 CFR 131.162.

"Adulterated milk" or "adulterated milk product" means any milk, milk product, condensed milk product, or dry milk product which that meets one or more of the conditions specified in Section 402 of the Federal Food, Drug, and Cosmetic Act, as amended (21 USC § 342).

"Aseptically processed milk" or milk product" means milk that is hermetically sealed in a container and so thermally processed before or after packaging in conformance with 21 CFR Part Parts 108, 110, and 113 and the provisions of this chapter so as to render the product free of microorganisms capable of reproducing in the product under nonrefrigeration conditions of storage and distribution and that is free of viable microorganisms (including spores) capable of causing disease in humans.

"Aseptically processed milk product" means any milk or milk product that is hermetically sealed in a container and so thermally processed before or after packaging in conformance with 21 CFR Part 113 and the provisions of this chapter so as to render the product free of microorganisms capable of reproducing in the product under normal nonrefrigeration conditions of storage and distribution and that is free of viable microorganisms (including spores) capable of causing disease in humans.

"Aseptic processing and packaging" means that the product has been subjected to sufficient heat processing and packaged in a hermetically sealed container, to conform to the applicable requirements of 21 CFR Part Parts 108, 110, and 113 and the provisions of this chapter and to maintain the commercial sterility of the product under normal nonrefrigerated conditions. Aseptic processing and packaging includes low-acid grade A aseptic and packaged milk products.

"Aseptic processing and packaging system" or "APPS" means the aseptic processing and packaging system in a milk plant that is comprised of the processes and equipment used to process and package aseptic grade A milk or milk products. The APPS shall be regulated in accordance with the applicable requirements of 21 CFR Parts 108, 110, and 113. The APPS shall begin at the constant level tank and end at the discharge of the packaging machine, provided that the process authority may provide written documentation that will clearly define additional processes or equipment that are considered critical to the commercial sterility of the product.

"Audit" means an evaluation of the entire milk plant, receiving station, or transfer station facility and HACCP System system to ensure compliance with the voluntary HACCP program requirements of this chapter, with the exception of the APPS for aseptic processing and packaging of milk plants.

"Automatic milking installation" means the entire installation of one or more automatic milking units, including the hardware and software utilized in the operation of individual automatic milking units, the animal selection system, the automatic milking machine, the milk cooling system, the system for cleaning and sanitizing the automatic milking unit, the teat cleaning system, and the alarm systems associated with the process of milking cooling, cleaning, and sanitation.

"Boiled custard" means "eggnog" as defined in 21 CFR 131.170.

"Bulk milk hauler sampler" means any person who holds a permit issued by the Virginia Department of Agriculture and Consumer Services to collect official milk samples and transport: (i) raw milk from a dairy farm to a milk plant, receiving station, or transfer station; or (ii) raw milk products from one milk plant, receiving station, or transfer station to another milk plant, receiving station, or transfer station.

"Bulk milk pickup tanker" means a vehicle, including the truck, tank, and those appurtenances necessary for its use, used by a bulk milk hauler sampler to transport bulk raw milk for pasteurization, ultra-pasteurization, aseptic processing and packaging, or retort processed after packaging from a dairy farm to a milk plant, receiving station, or transfer station.

"Buttermilk" means the fluid milk product that remains after the manufacture of butter from milk or cream and contains not less than 8.25% of milk solids not fat.

"Cancel" means to permanently nullify, void, or delete a grade A permit issued by the State Regulatory Authority.

"Centralized deviation log" means a centralized log or file identifying data detailing any deviation of critical limits and the corrective actions taken. as referred to in Appendix K of the "Grade "A" Pasteurized Milk Ordinance, 2013 Revision."

"CFR" means the Code of Federal Regulations.

"Clean" means the surfaces of equipment and facilities have had an effective and thorough removal of product, soils, and contaminants.

"Clean in place" or "CIP" means the removal of soil from product contact surfaces in the surface's process position by circulating, spraying, or flowing chemical solutions and water rinses onto and over the surfaces to be cleaned. Components of the equipment that are not designed to be CIP are removed from the equipment to be cleaned out of place (COP) or manually cleaned. Product contact surfaces shall be inspectable, except when the cleanability by CIP has been documented and accepted by the State Regulatory Authority. In such accepted equipment, all product and solution contact surfaces are not required to be readily accessible for inspection (i.e., permanently installed pipelines and silo tanks).

"Cleaned out of place" or "COP" means manually cleaned or not designed to be CIP.

"Coffee cream" means "light cream."

"Commercially sterile" means (i) the food has been thermally processed by the application of heat to render the food free of viable microorganisms (including spores) of public health significance and microorganisms capable of reproducing in the food under normal nonrefrigerated conditions of storage and distribution; or (ii) the food has been processed with the application of heat, and the water activity of the food has been controlled to render the food free of microorganisms capable of reproducing in the food under normal nonrefrigerated conditions of storage and distribution.

"Common name" means the generic term commonly used for domestic animals (i.e., cattle, goats, sheep, water buffalo).

"Concentrated milk" means "concentrated milk" as defined in 21 CFR 131.115.

"Concentrated milk product" means any of the following foods: homogenized concentrated milk, homogenized concentrated skim milk, concentrated lowfat milk, concentrated milk, and concentrated skim milk, which when combined with potable water according to the instructions printed on the food's container, conforms to the definition of the corresponding milk product in this chapter.

"Concentrated or condensed buttermilk" means product resulting from the removal of a considerable portion of water from buttermilk and complies with all applicable requirements of this chapter.

"Condensed buttermilk" means the product resulting from the removal of a considerable portion of water from buttermilk.

"Condensed and dry milk product" means grade A condensed milk, grade A condensed and dry whey, grade A dry milk product, or grade A dry milk and whey product.

"Condensed milk" means concentrated milk as defined in 21 CFR 131.115. This definition does not include:

1. Any sterilized milk or milk product, when the sterilized milk or milk product is hermetically sealed in a container and processed, either before or after sealing, so as to prevent microbial spoilage; or

2. Any evaporated milk or sweetened condensed milk, except when the evaporated milk or sweetened condensed milk is combined with other substances in the commercial preparation of any pasteurized, ultra-pasteurized, or aseptically processed and packaged milk or milk product.

"Condensed whey" means "condensed whey" as defined in 21 CFR 184.1979(a)(2).

"Consumer" means any person who uses any grade A milk, grade A milk product, or milk product.

"Contaminated milk" means milk that is unsaleable or unfit for human consumption following treatment of the animal with veterinary products (i.e., antibiotics that have withhold requirements or treatment with medicines or insecticides not approved for use on dairy animals by FDA or the Environmental Protection Agency).

"Corrective action" means procedures followed when a deviation occurs.

"Cottage cheese" means "cottage cheese" as defined in 21 CFR 133.128.

"Cottage cheese dry curd" means "dry curd cottage cheese."

"Cream" means "cream" as defined in 21 CFR 131.3(a).

"Critical control point" or "CCP" means a step at which control can be applied and is essential to prevent or eliminate a milk, milk product, condensed milk, condensed milk product, dry milk, or dry milk product safety hazard or reduce it to an acceptable level.

"Critical limit" means a maximum value or a minimum value to which a biological, chemical, or physical parameter must shall be controlled at a critical control point to prevent, eliminate, or reduce to an acceptable level the occurrence of a milk, milk product, condensed milk, condensed milk product, dry milk, or dry milk product safety hazard.

"Cultured half-and-half" means "sour half-and-half."

"Cultured milk" means "cultured milk" as defined in 21 CFR 131.112.

"Cultured sour cream" means "sour cream."

"Dairy farm" means any place or premises (i) where any cow, goat, sheep, water buffalo, or other mammal (except humans) is kept, for milking purposes; or (ii) from which cow, goat, sheep, water buffalo, or other mammal (except humans) milk or any milk product is sold or offered for sale for human consumption or provided to a milk plant, cheese plant, frozen desserts plant, transfer station, or receiving station.

"Deficiency" means an element that is inadequate or missing from the requirements of a HACCP System system or with the voluntary HACCP program requirements of this chapter.

"Deny" means the State Regulatory Authority will not issue a grade A permit to the applicant.

"Deviation" means a failure to meet a critical limit.

"Drug" means: (i) articles recognized in the official United States Pharmacopeia, official Homeopathic Pharmacopeia of the United States, or official National Formulary, or any supplement to any of them; (ii) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; (iii) articles other than food intended to affect the structure or any function of the body of man or other animals; and (iv) articles intended for use as a component of any articles specified in clause (i), (ii), or (iii) of this definition, but does not include devices or their components, parts, or accessories.

"Dry buttermilk" means "dry buttermilk" as defined in 7 CFR 58.251.

"Dry buttermilk product" means "dry buttermilk product" as defined in 7 CFR 58.251.

"Dry cream" means "dry cream" as defined in 21 CFR 131.149.

"Dry curd cottage cheese" means "dry curd cottage cheese" as defined in 21 CFR 133.129.

"Dry milk product" means a product resulting from the drying of any milk or milk product and any product resulting from the combination of a dry milk product with other safe and suitable dry ingredients.

"Dry whey" means "dry whey" as defined in 21 CFR 184.1979.

"Dry whey product" means a product resulting from the drying of whey or whey products and any product resulting from the combination of dry whey products with other wholesome dry ingredients.

"Dry whole milk" means "dry whole milk" as defined in 21 CFR 131.147.

"Eggnog" means "eggnog" as defined in 21 CFR 131.170.

"Eggnog-flavored milk" means a milk product, to which an emulsifier and a maximum of 0.5% stabilizer may have been added consisting of a mixture of (i) at least 3.25% butterfat, (ii) at least 0.5% egg yolk solids, (iii) sweetener, and (iv) flavoring.

"FDA" means the United States Food and Drug Administration.

"Flavored milk" means milk to which a flavor or sweetener has been added.

"Flavored milk product" means any milk product to which a flavor or sweetener has been added.

"Food allergen" means the proteins in foods that are capable of inducing an allergic reaction or response in some individuals and means "food allergen" as defined in the Food Allergen Labeling and Consumer Protection Act of 2004 (21 USC § 301 et seq.).

"Fortified milk" means milk, other than vitamin D milk, the vitamin or mineral content of which milk has been increased.

"Fortified milk product" means any milk product, other than a vitamin D milk product, the vitamin or mineral content of which milk product has been increased.

"Frozen milk concentrate" means the frozen milk product which, that when water is added in accordance with instructions on the package containing the frozen milk product, the reconstituted milk product contains the percentage of milkfat and the percentage of milk solids not fat of milk. Frozen milk concentrate is stored, transported, and sold in a frozen state.

"Goat milk" means the normal lacteal secretion, practically free of colostrum, obtained by the complete milking of one or more healthy goats which, that when sold in retail packages, contains not less than 2.5% milkfat and not less than 7.5% nonfat milk solids not fat.

"Grade A buttermilk" or "grade A buttermilk product" means buttermilk from butter made from grade A cream, which has been pasteurized prior to use in accordance with item 16p of the "Grade "A" Pasteurized Milk Ordinance, 2013 Revision," provided that this requirement shall not be construed as barring any other heat treatment process that has been recognized by FDA to be equally efficient in the destruction of staphylococcal organisms and that is approved by the State Regulatory Authority.

"Grade A condensed and dry whey" means condensed or dry whey which that complies with the provisions of the "Grade "A" Pasteurized Milk Ordinance, 2009 2013 Revision" and this chapter.

"Grade A condensed milk" means condensed milk which that complies with the provisions of the "Grade "A" Pasteurized Milk Ordinance, 2009 2013 Revision" and this chapter.

"Grade A dry milk product" means any dry milk product which that complies with the provisions of the "Grade "A" Pasteurized Milk Ordinance, 2009 2013 Revision" and this chapter.

"Grade A dry milk and whey product" means any dry milk or whey product which that has been produced for use in any grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged milk product; and which that has been manufactured under the provisions of the "Grade "A" Pasteurized Milk Ordinance, 2009 2013 Revision" and this chapter.

"Grade A permit" means the written document issued by the state regulatory authority State Regulatory Authority to the person who operates a: (i) dairy farm to produce raw milk for pasteurization, ultra-pasteurization, or aseptic processing; (ii) milk plant; (iii) receiving station; (iv) transfer station; (v) milk condensing plant; (vi) milk drying plant; (vii) whey condensing plant; or (viii) whey drying plant; after the State Regulatory Authority has inspected and approved the person's operation and determined the person's compliance with the provisions of this chapter for the operations specified in this definition.

"Grade A whey" means whey from cheese made from grade A raw milk for pasteurization, ultra-pasteurization, aseptic processing and packaging, or retort processed after packaging, that has been manufactured under the provisions of the "Grade "A" Pasteurized Milk Ordinance, 2013 Revision" and this chapter.

"HACCP" means hazard analysis critical control point.

"HACCP plan" means the written document, which is based upon the principles of HACCP and delineates the procedures to be followed.

"HACCP system" means the implemented HACCP plan and prerequisite programs, including other applicable requirements of the voluntary HACCP program of this chapter.

"Half-and-half" means "half-and-half" as defined in 21 CFR 131.180.

"Hazard" means a biological, chemical, or physical agent that is reasonably likely to cause illness or injury in the absence of its control.

"Hazard analysis" means the process of collecting and evaluating information on hazards associated with the milk, milk product, condensed milk, condensed milk product, dry milk, or dry milk product under consideration, to decide which are reasonably likely to occur and must be addressed in the HACCP plan.

"Hazard analysis critical control point" or "HACCP" means a systematic approach to the identification, evaluation, and control of significant milk and milk product safety hazards.

"Heavy cream" means "heavy cream" as defined in 21 CFR 131.150.

"Lactose-reduced lowfat milk" means the product resulting from the addition of safe and suitable enzymes to convert enough lactose to glucose or galactose so that less than 30% of the lactose remains in the lowfat milk from which the product is made.

"Lactose-reduced milk" means the product resulting from the addition of safe and suitable enzymes to convert enough lactose to glucose or galactose so that less than 30% of the lactose remains in the milk from which the product is made.

"Lactose-reduced skim milk" means the product resulting from the addition of safe and suitable enzymes to convert enough lactose to glucose or galactose so that less than 30% of the lactose remains in the skim milk from which the product is made.

"Light cream" means "light cream" as defined in 21 CFR 131.155.

"Light whipping cream" means "light whipping cream" as defined in 21 CFR 131.157.

"Low-acid aseptic milk and retort milk and milk products" means milk or milk products having a water activity (aw) greater than 0.85 and a finished equilibrium pH greater than 4.6 and that are regulated under 21 CFR Parts 108, 110, and 113. Low-acid aseptic milk and retort milk and milk products are stored under normal nonrefrigerated conditions. Excluded from this definition are low-acid milk and milk products that are labeled for storage under refrigerated conditions.

"Lowfat dry milk" means "lowfat dry milk" as defined in 21 CFR 131.123.

"Lowfat yogurt" means "lowfat yogurt" as defined in 21 CFR 131.203.

"Low-sodium lowfat milk" means the milk product resulting from the treatment of lowfat milk by a process of passing the lowfat milk through an ion exchange resin process, or by any other process which that has been recognized by the Food and Drug Administration that effectively reduces the sodium content of the product to less than 10 milligrams in 100 milliliters.

"Low-sodium milk" means the milk product resulting from the treatment of milk by a process of passing the milk through an ion exchange resin process, or by any other process which that has been recognized by the Food and Drug Administration that effectively reduces the sodium content of the product to less than 10 milligrams in 100 milliliters.

"Low-sodium skim milk" means the milk product resulting from the treatment of skim milk by a process of passing the skim milk through an ion exchange resin process, or by any other process which that has been recognized by the Food and Drug Administration that effectively reduces the sodium content of the product to less than 10 milligrams in 100 milliliters.

"Market milk" means milk.

"Market milk product" means milk product.

"Milk" means the whole, fresh, clean lacteal secretion obtained by the complete milking of one or more healthy cows, goats, sheep, water buffalo, or other mammal (except humans) intended for human consumption excluding that obtained before and after birthing, for such a period as may be necessary to render the milk practically colostrum free.

"Milk condensing plant" means any plant in which milk or any milk product is condensed or dried, or in which milk or any milk product is received, separated, or otherwise processed for drying and packaging.

"Milk distributor" means any person who offers for sale or sells to another any milk or milk product.

"Milk drying plant" means any plant in which milk or any milk product is condensed or dried, or in which milk or any milk product is received, separated, or otherwise processed for drying and packaging.

"Milkfat" means the fat of milk.

"Milkhouse" means the building or room in which there is conducted on a grade A dairy farm (i) the cooling, handling, and storing of milk and (ii) the washing, sanitizing, and storing of milk containers and utensils.

"Milk plant" means any place, premises, or establishment where any milk or milk product is collected, handled, processed, stored, pasteurized, ultra-pasteurized, aseptically processed and packaged, retort processed after packaged, condensed, dried, packaged, bottled, or prepared for distribution.

"Milk producer" means any person who operates a dairy farm and who provides, sells, or offers milk for sale for human consumption or to a milk plant, receiving station, or transfer station.

"Milk product" means grade A milk and grade A milk products meeting the requirements of 2VAC5-490-15.

"Misbranded milk" or "misbranded milk product" means any milk, milk product, or condensed and dry milk product that: (i) satisfies any of the conditions specified in § 403 of the Federal Food, Drug, and Cosmetic Act, as amended (21 USC § 343),; (ii) does not conform to its definition; or (iii) is not labeled in accordance with 2VAC5-490-40.

"Monitor" means to conduct a planned sequence of observations or measurements to assess whether a CCP is under control or to assess the conditions and practices of all required prerequisite programs.

"NCIMS" means the National Conference on Interstate Milk Shipments.

"Nonconformity" means a failure to meet specified requirements of the HACCP system.

"Nonfat dry milk" means "nonfat dry milk" as defined in 21 CFR 131.125.

"Nonfat dry milk fortified with vitamins A and D" means "nonfat dry milk fortified with vitamins A and D" as defined in 21 CFR 131.127.

"Nonfat yogurt" means "nonfat yogurt" as defined in 21 CFR 131.206.

"Normal storage" means storage at a temperature of 45°F or cooler, but does not include freezing.

"Official laboratory" means a biological, chemical, or physical laboratory operated by the Commonwealth of Virginia.

"Officially designated laboratory" means: (i) a commercial laboratory authorized by the State Regulatory Authority to examine milk, milk product, condensed and dry milk product, producer samples of Grade "A" raw milk for pasteurization, or commingled milk tank truck samples of raw milk or milk products or (ii) a milk-industry laboratory authorized by the State Regulatory Authority to examine milk producer samples of raw milk for pasteurization, and for drug residues and bacterial limits, samples of raw milk commingled in a tank truck.

"Pasteurization" or "pasteurized" means the process of heating every particle of milk or milk product in equipment designed and operated in conformance with this chapter, to one of the temperatures given in the following table and held continuously at or above that temperature for at least the corresponding specified time for the equipment indicated:

Temperature

Time

Equipment

145°F*

30 minutes

Vat Pasteurization

161°F*

15 seconds

High Temperature Short Time

191°F

1.0 second

High Temperature Short Time

194°F

0.5 second

High Temperature Short Time

201°F

0.1 second

High Temperature Short Time

204°F

0.05 second

High Temperature Short Time

212°F

0.01 second

High Temperature Short Time

*If: (i) the fat content of the milk or milk product is 10% or greater; (ii) the total solids content of the milk or milk product is 18% or greater; or (iii) the milk or milk product contains added sweeteners, then pasteurization means increasing the specified temperature by 5°F.

*If the dairy product is cream for butter-making, then "pasteurization" means heating to at least 165°F and holding continuously in a vat pasteurizer for not less than 30 minutes or pasteurizing by the High Temperature Short Time method at a minimum temperature of not less than 185°F for not less than 15 seconds.

*If the milk product is eggnog, then "pasteurization" means heating to at least the following temperatures for the corresponding time specifications and equipment:

Temperature

Time

Equipment

155°F

30 minutes

Vat Pasteurization

175°F

25 seconds

High Temperature Short Time

180°F

15 seconds

High Temperature Short Time

Nothing in this definition shall be construed as barring any other process which that has been recognized by the Food and Drug Administration as being equally efficacious as pasteurization, so long as that other process has been approved by the State Regulatory Authority.

"Person" means any individual, plant operator, partnership, corporation, company, firm, trustee, or institution.

"Prerequisite programs" means procedures, including Good Manufacturing Practices good manufacturing practices, that address operational conditions that provide the foundation for the HACCP system.

"Process authority" means a certified microbiologist who has expert knowledge of thermal processing requirements for low-acid foods, acquired through appropriate education, training, and experience. The process authority must possess advanced testing equipment that will allow them to conduct necessary testing.

"Public" means any person in the Commonwealth.

"Pull date" means the date affixed to a consumer package or container of grade A pasteurized milk or grade A pasteurized milk product which that is the date after the day of manufacturing and processing of the package or container and the last day on which the grade A pasteurized milk or grade A pasteurized milk product as determined by the milk plant may be offered for sale to consumers under normal storage.

"Raw milk" means: (i) any milk or any milk product which that has not been pasteurized, ultra-pasteurized, or aseptically processed; or (ii) or any milk or any milk product which has been pasteurized, ultra-pasteurized, or aseptically processed and which has been exposed to microbiological contamination before, during, or after packaging and packaged, or retort processed after packaging.

"Receiving station" means any place, premises, or establishment where raw milk is: (i) received, collected, handled, stored, or cooled; and (ii) prepared for further transporting.

"Recombined milk" means the food which, that when combined with potable water according to the instructions printed on the food's container, conforms to the milk fat and nonfat milk solids requirements for milk, as specified in the definition of "milk."

"Recombined milk product" means the food which, that when combined with potable water according to the instructions printed on the food's container, conforms to the milk fat and milk nonfat solids requirements for the milk product designated on the food's container.

"Reconstituted milk" means "recombined milk."

"Reconstituted milk product" means "recombined milk product."

"Reduced lactose whey" means "reduced lactose whey" as defined in 21 CFR 184.1979a.

"Reduced minerals whey" means "reduced minerals whey" as defined in 21 CFR 184.1979b.

"Retort processed after packaging" means the milk and or milk product has been subjected to sufficient retort heat processing after packaged in a hermetically sealed container, to conform to the applicable requirements of 21 CFR Parts 108, 110, and 113 and to maintain the commercial sterility of the milk and milk product under normal nonrefrigerated conditions.

"Retort processed after packaging system" or [ "RRPS" "RPPS" ] means the processes and equipment used to retort process after packaging low-acid grade A milk and milk products. The [ RRPS RPPS ] shall be regulated in accordance with the applicable requirements of 21 CFR Parts 108, 110, and 113. The [ RRPS RPPS ] shall begin at the container filler and end at the palletizer, provided that the process authority may provide written documentation that will clearly define additional processes and equipment that are considered critical to the commercial sterility of the milk and milk products.

"Revoke" means to permanently annul, repeal, rescind, countermand, or abrogate a Grade grade A permit issued by the State Regulatory Authority.

"Safe and suitable" means "safe and suitable" as defined in 21 CFR 130.3(d).

"Sanitization" means the application of any effective method or substance to a clean surface for the destruction of pathogens, and of other organisms as far as is practicable, and when used does not adversely affect: (i) the equipment which that comes in contact with milk, milk product, or condensed and dry milk product; (ii) the milk, milk product, or condensed and dry milk product; or (iii) the health of consumers.

"Septage" means material accumulated in a pretreatment system or privy.

"Sewage" means water-carried and nonwater-carried human excrement; kitchen, laundry, shower, bath, or lavatory wastes separately or together with such underground, surface, storm and other water and liquid industrial wastes as may be present from residences, buildings, vehicles, industrial establishments or other places.

"Sheep milk" means the normal lacteal secretion, practically free of colostrum, obtained by the complete milking of one or more healthy sheep.

"Sour cream" means "sour cream" as defined in 21 CFR 131.160.

"State Regulatory Authority" means the Commissioner of Agriculture and Consumer Services or his agent when carrying out any duty specified in § 3.2-5207 of the Code of Virginia or the State Health Commissioner or his agent when carrying out any duty specified in § 3.2-5208 of the Code of Virginia.

"Suspend" means to temporarily nullify, void, debar, or cease for a period of time a grade A permit issued by the State Regulatory Authority.

"Sweetened condensed milk" means "sweetened condensed milk" as defined in 21 CFR 131.120.

"Table cream" means "light cream" as defined in 21 CFR 131.155.

"Transfer station" means any place, premises, or establishment where milk or milk products are transferred directly from one milk tank truck to another.

"Trim" means to shorten the hair on the udder and tail of milking cows and goats by clipping, singeing, cutting, or other means.

"Ultra-pasteurized" means, when used to describe any milk or milk product, that the milk or milk product has been thermally processed at a temperature of 280°F (138°C) or hotter for at least two seconds, either before or after packaging, so as to produce a product that has an extended shelf life under normal storage refrigerated conditions as defined in 21 CFR 131.3.

"Undesirable milk" means milk that, prior to the milking of the animal, is expected to be unsuitable for sale, such as milk containing colostrum.

"Validation" means the element of verification focused on collecting and evaluating scientific and technical information to determine whether the HACCP plan, when properly implemented, will effectively control the hazards.

"Verification" means those activities, other than monitoring, that determine the validity of the HACCP plan and that the HACCP system is operating according to the plan.

"Vitamin A milk" means milk, the vitamin A content of which has been increased to at least 2000 International Units per quart.

"Vitamin A milk product" means a milk product, the vitamin A content of which has been increased to at least 2000 International Units per quart.

"Vitamin D milk" means milk, the vitamin D content of which has been increased to at least 400 International Units per quart.

"Vitamin D milk product" means a milk product, the vitamin D content of which has been increased to at least 400 International Units per quart.

"Water buffalo milk" means the normal lacteal secretion, practically free of colostrum, obtained by the complete milking of one or more healthy water buffalo.

"Whey" means "whey" as defined in 21 CFR 184.1979.

"Whey condensing plant" means a plant in which whey is condensed or in which whey is received and processed for drying and packaging.

"Whey drying plant" means a plant in which whey is dried or in which whey is received and processed for drying and packaging.

"Whey product" means any fluid product removed from whey, or made by the removal of any constituent from whey, or by the addition of any wholesome substance to whey or parts thereof.

"Whipped cream" means "heavy cream" as defined in 21 CFR 131.150 or "light whipping cream" as defined in 21 CFR 131.157, into which air or gas has been incorporated.

"Whipped light cream" means "light whipped cream" as defined in 21 CFR 131.155, into which air or gas has been incorporated.

"Whipping cream" means "light whipping cream" as defined in 21 CFR 131.157.

"Yogurt" means "yogurt" as defined in 21 CFR 131.200.

Part II
Grade A Milk and Milk Products

2VAC5-490-15. Grade A milk and milk products.

A. Grade A milk and milk products regulated under this chapter include:

1. All grade A raw milk or milk products for pasteurization, ultra-pasteurization, aseptic processing and packaging, or retort processed after packaging, and all grade A pasteurized, ultra-pasteurized, aseptically processed and packaged, or retort processed and packaged milk and milk products;

1. 2. All milk and milk products with a standard of identity provided for in 21 CFR Part 131, with the exception of 21 CFR 131.120 sweetened condensed milk;

2. 3. Cottage cheese as defined by 21 CFR 133.128 and dry curd cottage cheese as defined by 21 CFR 131.129;

3. 4. Whey and whey products as defined in 21 CFR 184.1979, 21 CFR 184.1979a, 21 CFR 184.1979b, and 21 CFR 184.1979c; whey product; dry whey product; and grade A condensed and dry whey and whey products;

4. 5. Modified versions of these foods listed in subdivisions 1 2 and 2 3 of this subsection, pursuant to 21 CFR 130.10 – Requirements for foods named by use of a nutrient content claim and a standardized term;

5. 6. Milk and milk products as defined in subdivisions 1, 2, 3, 4, and 4 5 of this subsection, packaged in combination with other food or foods not included in this section that are appropriately labeled with a statement of identity to describe the food in final package form (e.g., "cottage cheese with pineapple" or "fat free milk with plant sterols"); and

6. 7. Products not included in subdivisions 1 2 through 5 6 of this subsection shall be grade A milk products if they contain a minimum of (i) 2.0% milk protein as determined by total kjeldahl nitrogen Kjeldahl Nitrogen (TKN) X 6.38; and (ii) a minimum of 65% by weight milk, milk product, or a combination of milk products.

B. Safe and suitable, as defined in 21 CFR 130.3(d), nongrade A dairy ingredients may be utilized in the production of grade A milk and milk products included under 2VAC5-490-15 A when added to a level needed for a functional or technical effect; limited by good manufacturing practices (GMPs); and are either (i) prior sanctioned or otherwise approved by the federal Food and Drug Administration, (ii) generally recognized as safe (GRAS), or (iii) an approved food additive listed in the Code of Federal Regulations with the exception that for those grade A milk and milk products for which a federal standard of identity has been established only ingredients provided for under the standard of identity for each grade A milk or milk product may be utilized. Nongrade A dairy ingredients shall not be used to increase the weight or volume of grade A milk or milk products or to displace any grade A dairy ingredients nor shall using nongrade A dairy ingredients to increase the weight or volume of grade A milk or milk products be considered a suitable functional or technical effect.

C. Grade A milk and milk products shall also include those milk and milk products included under 2VAC5-490-15 A and 2VAC5-490-15 B that have been aseptically processed and then packaged.

D. Grade A milk and milk products shall not include:

1. A milk or milk product in which the milkfat of the milk or milk product has been substituted in part or in whole by any other animal or vegetable fat; provided that other fat sources may be included when they are used for purposes currently accepted in any other grade A milk or milk product, such as carriers for vitamins and as an ingredient in emulsifiers and stabilizers:;

2. Coffee based products where coffee or water is the primary ingredient as indicated in the ingredient statement;

3. Tea based products where tea or water is the primary ingredient as indicated in the ingredient statement;

4. Dietary products (except as defined in 21 CFR 130.10);

5. Infant formula;

6. Ice cream or other frozen desserts;

7. Butter;

8. Standardized cheese with the exception of cottage cheese as defined under 21 CFR 133.128 and dry curd cottage cheese as defined under 21 CFR 131.129 and nonstandardized cheese; or

9. Puddings.

E. Milk and milk products which that have been retort processed after packaging, or which that have been concentrated (condensed) or dried shall conform to the requirements of 2VAC5-490-15 A and 2VAC5-490-15 B if they are utilized as an ingredient in any grade A milk or milk product, or if they are labeled as grade A under 2VAC5-490-15 A 4 5.

F. Powdered dairy blends may be labeled grade A and used as ingredients in grade A milk and milk products, such as cottage cheese dressing mixes or starter media for cultures used to produce various grade A cultured milk and milk products, if they meet the requirements of this chapter. If powdered dairy blends are used as an ingredient in grade A milk and milk products, blends of dairy powders must be blended under conditions which that meet all applicable grade A powdered dairy blends requirements. Grade A powder blends must be made from grade A powdered milk and milk products, except that small amounts of functional ingredients not to exceed 10% by weight of the finished blend which that are not grade A are allowed in grade A blends when the finished ingredient is not available in grade A form (e.g., sodium caseinate).

G. Grade A milk and milk products include the following: acidified lowfat milk, acidified nonfat milk, acidified milk, acidified milk product, acidified reduced fat milk, acidified skim milk, acidified sour cream, acidified sour half-and-half, aseptically processed milk, aseptically processed milk product, boiled custard, buttermilk, coffee cream, concentrated milk, concentrated milk product, condensed buttermilk, cottage cheese, cottage cheese dry curd, cream, cultured half-and-half, cultured milk, cultured lowfat milk, cultured nonfat milk, cultured reduced fat milk, cultured skim milk, cultured sour cream, cultured sour half-and-half, dry buttermilk, dry buttermilk product, dry cream, dry curd cottage cheese, dry whole milk, eggnog, eggnog-flavored milk, flavored milk, flavored milk product, fortified milk, fortified milk product, frozen milk concentrate, goat milk, half-and-half, heavy cream, heavy whipping cream, lactose-reduced lowfat milk, lactose-reduced nonfat milk, lactose-reduced milk, lactose-reduced reduced fat milk, lactose-reduced skim milk, light cream, light whipping cream, lowfat cottage cheese, lowfat dry milk, lowfat milk, lowfat yogurt, low-sodium lowfat milk, low-sodium nonfat milk, low-sodium milk, low-sodium reduced fat milk, low-sodium skim milk, milk, nonfat milk, nonfat dry milk, nonfat dry milk fortified with vitamins A and D, nonfat yogurt, recombined milk, recombined milk product, reconstituted milk, reconstituted milk product, reduced lactose whey, reduced fat milk, reduced minerals whey, sheep milk, skim milk, sour cream, sour half-and-half, table cream, vitamin A milk, vitamin A milk product, vitamin D milk, vitamin D milk product, whipped cream, whipped light cream, whipping cream, and yogurt.

H. Persons holding a valid permit on January 1, 2011, to receive and process milk for manufacturing purposes pursuant to 2VAC5-531-50 of the Regulations Governing Milk for Manufacturing Purposes and who have manufactured dairy products not previously considered to be grade A dairy products prior to January 1, 2011, may continue to manufacture and sell those specific dairy products they produced prior to January 1, 2011, after December 10, 2010; however, this limited exemption shall not apply to any new or revised dairy products the permit holder wishes to manufacture if the new or revised dairy product is considered to be grade A.

Part III
Adulterated or Misbranded Milk or Milk Products

2VAC5-490-20. Adulterated or misbranded milk or milk products.

A. No person may produce, provide, sell, offer, expose for sale, or possess with intent to sell any adulterated or misbranded: condensed milk product;, dry milk product;, milk;, or milk product.

B. Each person who produces, provides, sells, offers, exposes for sale, or possesses any adulterated or misbranded: condensed milk product;, dry milk product;, milk;, or milk product shall be subject to having the person's adulterated or misbranded: condensed milk product, dry milk product, milk, or milk product impounded by the State Regulatory Authority.

C. No person may provide, sell, offer, or expose for sale any: condensed milk product;, dry milk product;, milk;, or milk product to any milk plant for use in any grade A milk or grade A milk product if the person does not possess a permit from the State Regulatory Authority, unless the Commissioner of Agriculture and Consumer Services makes a finding in writing (which the Commissioner of Agriculture and Consumer Services may renew for terms not to exceed 90 days per term, without limitation) that: (i) the supply of grade A raw milk for pasteurization, ultra-pasteurization, or aseptic processing is not adequate to meet the nutritional needs of any person who secures milk in the Commonwealth; or (ii) the supply of pasteurized, ultra-pasteurized, or aseptically processed milk or milk product at retail is not available for purchase by any person who secures milk in the Commonwealth.

D. No person may produce, provide, sell, offer, expose for sale, or possess any: condensed milk product;, dry milk product;, milk;, or milk product; under the provision of subsection C of this section unless the condensed milk product, dry milk product, milk, or milk product is labeled "ungraded."

2VAC5-490-25. Impounding of adulterated or misbranded condensed milk, condensed milk product, dry milk, dry milk product, milk, or milk product.

The State Regulatory Authority shall comply with the following administrative procedures when impounding any adulterated or misbranded condensed milk, condensed milk product, dry milk, dry milk product, milk, or milk product to prevent movement of these products until such violations of critical processing elements have been corrected:

1. The State Regulatory Authority shall serve the person with a written impoundment notice. The written impoundment notice shall specify the violations and inform the person of the opportunity to appear before the State Regulatory Authority in person, by counsel, or by other qualified representative at a fact-finding conference for the informal presentation of factual data, arguments, and proof to contest the written notice of violation.

2. The written impoundment notice shall include:

a. The name of the adulterated or misbranded condensed milk, condensed milk product, dry milk, dry milk product, milk, or milk product;

b. The size and number of separate units in the lot being impounded;

c. The product code and sell by date for the lot of product, if each exists; and

d. A statement directing the person to:

(1) Immediately remove from sale the entire lot of adulterated or misbranded condensed milk, condensed milk product, dry milk, dry milk product, milk, or milk product;

(2) Isolate and identify as not for sale the entire lot of adulterated or misbranded condensed milk, condensed milk product, dry milk, dry milk product, milk, or milk product in the person's storage area in a location separate from any storage accessible from a retail sales area; and

(3) Comply with one of the following options:

(a) If the condensed milk, condensed milk product, dry milk, dry milk product, milk, or milk product is adulterated: (i) the entire lot shall be destroyed or (ii) the entire lot shall be held and returned to the manufacturer, distributor, or producer; or

(b) If the condensed milk, condensed milk product, dry milk, dry milk product, milk, or milk product is misbranded: (i) the entire lot shall be destroyed; (ii) the entire lot shall be held and returned to the manufacturer, distributor, or producer; or (iii) the entire lot shall be held and new labels affixed to each container in the lot which that comply with all provisions for labeling of condensed milk, condensed milk product, dry milk, dry milk product, milk, or milk product contained in this chapter prior to being offered for sale.

Part IV
Permits

2VAC5-490-30. Permits.

A. No person may produce, provide, manufacture, sell, offer for sale, or store in the Commonwealth, or bring, send, or receive into the Commonwealth, any milk, milk product, market milk, market milk product or condensed and dry milk product for use in the commercial preparation of grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaging milk or milk product unless the person possesses a grade A permit from the State Regulatory Authority. Nothing in this chapter shall be deemed to require a person who is a broker, agent, or distributor's representative to have a grade A permit if the person buys condensed and dry milk product for, or sells condensed and dry milk product to, a milk plant that has a valid grade A permit from any state.

B. Only a person who complies with the requirements of this chapter shall be entitled to receive and retain a grade A permit. Permits shall not be transferable with respect to persons or locations. Each person whose name appears on a grade A permit shall be at least 18 years of age. Each person requesting a grade A permit shall provide the State Regulatory Authority with the following information:

1. The name of the person or persons to whom the permit is to be issued;

2. If the person or persons are requesting a permit for a partnership, corporation, firm, trustee, or institution, the person or persons shall provide the articles of incorporation, partnership agreement, trust document, or other document identifying the names, titles, and mailing addresses of all responsible officials for the partnership, corporation, firm, trustee, or institution;

3. The address of the facility being permitted, including the street and number, city, state, and zip code. Addresses containing post office box designations shall not be permitted;

4. The trade name the permit holder will use if the permit holder will not be trading in the name to which the grade A permit is issued;

5. The name, mailing address, and telephone number for one responsible person designated by the grade A permit holder to receive all sample reports and official correspondence from the State Regulatory Authority;

6. If the permit application is for a grade A dairy farm, the name of the milk marketing organization or milk marketing cooperative to which the permit holder belongs or the buyer of its milk;

7. The names and phones numbers of responsible persons to contact at the grade A dairy farm or plant;

8. If the permit application is for a grade A dairy farm, the name, address, and telephone number of the owner of the dairy farm;

9. The printed name, signature, title, and date signed for each person whose name appears on the permit;

10. The printed name, signature, title, and date signed by the most responsible official for the partnership, corporation, firm, trustee, or institution if the permit is to be issued in the name of a partnership, corporation, company, firm, trustee, or institution; and

11. If the permit application is for a grade A plant permit, the plant code embossed or printed on packages of milk, milk product, condensed milk, condensed milk product, dry milk, or dry milk product packaged by the plant to identify the plant in lieu of printing the plant's name and address on the packages of milk, milk product, condensed milk, condensed milk product, dry milk, or dry milk product, if one has been assigned.

C. Each person who holds a grade A permit and who requests a change in the name or names on an existing grade A permit shall provide the State Regulatory Authority with the following information:

1. A written statement requesting that the existing grade A permit be canceled that has been signed by each person whose name appears on the existing grade A permit; except that when a person whose name on an existing grade A permit is deceased, the request for cancellation shall be made in writing by the executor or administrator of the permit holder's estate. A copy of the qualification as executor or administrator shall accompany the request for cancellation along with a statement identifying the name of the deceased and the date of death. Each signature shall be made next to or above the person's printed name and shall be dated with the date on which the written statement was signed by the grade A permit holder;

2. If the existing grade A permit is held in the name of a partnership, corporation, company, firm, trustee, or institution, the written statement requesting the existing grade A permit be canceled shall be signed by a person who is authorized to sign on behalf of the partnership, corporation, company, firm, trustee, or institution. Each signature shall be made next to or above the person's printed name and official title for the partnership, corporation, company, firm, trustee, or institution and shall be dated with the date on which the written statement was signed by the person who is authorized to sign on behalf of the partnership, corporation, company, firm, trustee, or institution; and

3. All of the information required by 2VAC5-490-50 B for the State Regulatory Agency to issue a grade A permit.

D. No person may hold a grade A dairy farm permit if any part of his facilities, equipment, storage, or surroundings (except toilet rooms) requiring inspection is accessed through any room used for domestic purposes or part of any room used for domestic purposes. Toilet rooms used for domestic purposes may be approved as complying with the requirements of this chapter only if: (i) the toilet room is located within 300 feet of the milkroom and (ii) all labor utilized in the milking parlor, milking barn, and milkroom is provided by members of the permit holder's immediate family.

E. No person who holds a grade A permit shall use or allow anyone else to use his facilities and equipment for any purpose other than that for which the grade A permit was issued.

F. Each person who holds a grade A dairy farm permit shall display his permit in the milkroom on his dairy farm.

G. Each person who holds a grade A dairy plant permit shall display his grade A plant permit in his facilities where it is accessible for inspection.

H. No grade A permit holder may transfer any grade A permit to another person or another location.

I. No permit holder who has had his grade A dairy farm permit or dairy plant permit revoked by the State Regulatory Authority shall be eligible to hold a grade A dairy farm or dairy plant permit at any time after the permit holder's permit is revoked.

J. No grade A dairy farm may hold more than one grade A dairy farm permit. Multiple milking facilities or milk tanks on a grade A dairy farm shall not be issued separate grade A dairy farm permits for any reason.

2VAC5-490-31. Authority to cancel, suspend, revoke, or deny a permit.

A. The State Regulatory Authority may cancel, suspend, or revoke the grade A permit of any person, or may deny to any person a grade A permit if:

1. The grade A permit holder fails to engage daily in the business for which the grade A permit is issued;

2. The grade A permit holder does not daily produce, provide, manufacture, sell, offer for sale, or store in the Commonwealth, or bring, send, or receive into the Commonwealth milk, milk product, condensed milk product, or dry milk product;

3. The grade A permit holder fails to provide at no cost to the State Regulatory Authority samples of milk, milk product, condensed milk product, and dry milk product in the person's possession for testing by the State Regulatory Authority;

4. The grade A permit holder fails to provide on a daily basis milk, milk product, condensed milk product, or dry milk product in the person's possession for sampling and testing by the State Regulatory Authority;

5. The grade A permit holder fails to comply with any requirement of this chapter, or of §§ 3.2-5200 through 3.2-5211 or 3.2-5218 through 3.2-5233 of the Code of Virginia;

6. A public health hazard exists that affects the grade A permit holder's milk, milk product, condensed milk product, or dry milk product;

7. The grade A permit holder or any agent of the grade A permit holder has obstructed or interfered with the State Regulatory Authority in the performance of its duties;

8. The person supplies false or misleading information to the State Regulatory Authority: (i) in the person's application for a grade A permit; (ii) concerning the identity of the person who will control the facility that is the subject of the grade A permit; (iii) concerning the amount of milk, milk product, condensed milk product, or dry milk product which that the person produces, provides, manufactures, sells, offers for sale, or stores in the Commonwealth, or brings, sends, or receives into the Commonwealth and the distribution of the person's milk, milk product, condensed milk product, or dry milk product; (iv) concerning any investigation conducted by the State Regulatory Authority; or (v) concerning the location of any part of the person's operation that is subject to a grade A permit;

9. The grade A permit holder engages in fraudulent activity regarding: (i) the amount of milk, milk product, condensed milk product, or dry milk product the person offers to sell or sells; or (ii) the collection of samples of the person's milk, milk product, condensed milk product, or dry milk product used to determine compliance with any provision of this chapter or as a basis for payment for milk, milk product, condensed milk product, or dry milk product;

10. Three of the most recent five bacteria counts, somatic cell counts, or cooling temperature determinations conducted on the grade A permit holder's raw milk exceed the standards specified in this chapter;

11. Three of the most recent five bacteria counts, coliform determinations, or cooling temperature determinations conducted on the grade A permit holder's milk, milk product, condensed milk product, or dry milk product exceed the standards specified in this chapter;

12. Two of the most recent cryoscope tests on the grade A permit holder's milk violate the standard specified in this chapter and the most recent violative sample occurred within two years of the next most recent violative sample;

13. 12. The most recent aflatoxin or drug residue test on the grade A permit holder's milk, milk product, condensed milk product, or dry milk product violates the standards specified in this chapter.;

14. 13. The most recent phosphatase test on the grade A permit holder's milk, milk product, condensed milk product, or dry milk product violates the standard specified in this chapter;

15. 14. The most recent chemical residue test or pesticide residue test on the grade A permit holder's milk, milk product, condensed milk product, or dry milk product exceeds the actionable level, tolerance level, or safe level for any chemical residue or pesticide residue specified in: 40 CFR Part 180 and 21 CFR Parts 70, 71, 73, 74, 80, 82, 130, 131, 133, 170, 172, 173, 174, 175, 176, 177, 178, 189, 556, 570, 573, 589. In the event that no actionable level, tolerance level, or safe level for a chemical residue or pesticides residue has been established in: 40 CFR Part 180 and 21 CFR Parts 70, 71, 73, 74, 80, 82, 130, 131, 133, 170, 172, 173, 174, 175, 176, 177, 178, 189, 556, 570, 573, 589, the tolerance level shall be deemed to be zero;

16. 15. The grade A permit holder fails to correct any: (i) violation of this chapter documented as a result of an inspection or (ii) deficiency or nonconformity documented as a result of a HACCP audit that the State Regulatory Authority has cited in a written notice of intent to suspend the person's grade A permit, as a violation of this chapter;

17. 16. The grade A permit holder's raw milk for pasteurization is warmer than 50°F two hours after the completion of the first milking or the grade A permit holder's raw milk for pasteurization is warmer than 50°F during or after any subsequent milking;

18. 17. The grade A permit holder's equipment is covered or partially covered by an accumulation of milk solids, milk fat, or other residue so that the milk, milk product, condensed milk product, or dry milk product is adulterated;

19. 18. The grade A permit holder sells or offers for sale milk, milk products, condensed milk product, or dry milk product which that violate any requirement of this chapter;

20. 19. The grade A permit holder's permit is suspended three times within a 12-month period;

21. 20. The authority in another state responsible for issuing grade A permits has denied, suspended, or revoked the permit of the person in that state for any act or omission that would violate this chapter or the statutes under which this chapter was adopted, had the act or omission occurred in the Commonwealth; or

22. 21. The Virginia Department of Agriculture and Consumer Services has previously revoked the person's grade A permit.

B. The State Regulatory Authority may summarily suspend a grade A permit for violation of any of the following subdivisions of subsection A of this section: 6, 9, 10, 11, 12, 13, 14, 15, 16, 17, or 18, or 19.

C. The State Regulatory Authority may suspend from sale any condensed milk, condensed milk product, dry milk, dry milk product, milk, or milk product in violation of the requirements of this chapter processed by any grade A dairy plant permit holder in lieu of suspending the grade A dairy plant permit holder's permit.

D. If the State Regulatory Authority suspends a permit holder's permit more than three times within any 12-month period, the permit holder's permit shall not be reinstated for a period of three days on the fourth suspension within any 12-month period and six days on the fifth suspension within any 12-month period with three days being added to the required suspension period for each additional suspension thereafter within any 12-month period.

E. If the State Regulatory Authority issues two written notices of intent to suspend a person's permit for failure to correct the same deficiency within any 12-month period, the State Regulatory Authority may issue and enforce a written notice of intent to summarily suspend the person's permit at any time within six months after the date the written notice of intent to summarily suspend is issued, to summarily suspend the person's permit if the same violation exist on any inspection during the six-month period specified in the written notice of intent to summarily suspend.

2VAC5-490-33. Written warning and suspension notices for violations of quality standards; required procedures.

A. Whenever two of the last four consecutive cooling temperature checks, bacteria counts, or somatic cell counts taken on separate days for a grade A dairy farm permit holder exceed the standard established for grade A raw milk, the State Regulatory Agency shall send a written warning notice to the permit holder or to the person identified by the permit holder to receive sample reports and official correspondence. The warning notice shall inform the permit holder or his representative: (i) concerning which quality standards the permit holder has violated; (ii) that another sample will be collected within 21 days to determine compliance with the requirements; and (iii) that his the permit holder's grade A dairy farm permit will be suspended whenever three out of the last five consecutive cooling temperature checks, bacteria counts, or somatic cell counts exceed the standards. The warning notice shall be in effect so long as two out of the last four consecutive samples exceed the standard for grade A raw milk. An additional sample shall be collected to determine compliance with the standards for grade A raw milk within 21 days after sending the warning notice, but not before the lapse of three days.

B. Whenever the last cryoscope test result for a grade A dairy farm permit holder exceeds the standard established for grade A raw milk for the first time in the past two years, the State Regulatory Agency shall send a written warning notice to the permit holder or to the person identified by the permit holder to receive sample reports and official correspondence. The warning notice shall inform the permit holder or his representative: (i) concerning which quality standards the permit holder has violated; (ii) that another sample will be collected in the near future to determine compliance with the requirements; and (iii) that his grade A dairy farm permit will be suspended whenever two cryoscope test results on separate samples exceed the standard within the past two years. The warning notice shall be in effect so long as any sample exceeds the cryoscope standard for grade A raw milk within the past two years. Additional samples shall be collected in the future to determine compliance with the standards for grade A raw milk, but not before the lapse of three days.

C. B. Whenever two of the last four consecutive cooling temperature checks or bacteria counts taken on separate days from a grade A permit holder's dairy plant exceed the standard established for commingled grade A raw milk for pasteurization, ultra-pasteurization, or aseptically processed and packaged milk or milk product, the State Regulatory Agency shall send a written warning notice to the permit holder or to the person identified by the permit holder to receive sample reports and official correspondence. The warning notice shall inform the permit holder or his representative: (i) concerning which quality standards the permit holder has violated; (ii) that another sample will be collected within 21 days to determine compliance with the requirements of this chapter; and (iii) that the permit holder's grade A permit will be suspended whenever three out of the last five consecutive cooling temperature checks or bacteria counts exceed the quality standards. The warning notice shall be in effect so long as two out of the last four consecutive samples exceed the standard for grade A commingled raw milk for pasteurization, ultra-pasteurization, or aseptically processed and packaged milk or milk product. An additional sample shall be collected to determine compliance with the standards for grade A raw milk within 21 days after sending the warning notice, but not before the lapse of three days.

D. C. Whenever two of the last four consecutive cooling temperature checks, bacteria counts, or coliform counts taken on separate days from a grade A permit holder's dairy plant exceed the standard established for grade A pasteurized or ultra-pasteurized milk or milk products in retail containers, the State Regulatory Agency shall send a written warning notice to the permit holder or to the person identified by the permit holder to receive sample reports and official correspondence. The warning notice shall inform the permit holder or his representative: (i) concerning which quality standards the permit holder has violated for each grade A pasteurized or ultra-pasteurized milk or milk product in retail containers; (ii) that another sample will be collected within 21 days to determine compliance with the requirements of this chapter; and (iii) that the permit holder's grade A pasteurized or ultra-pasteurized milk or milk product in retail containers will be suspended from sale whenever three out of the last five consecutive cooling temperature checks, bacteria counts, or coliform counts exceed the quality standards. The warning notice shall be in effect so long as two out of the last four consecutive samples exceed the standard for grade A pasteurized or ultra-pasteurized milk or milk products in retail containers. An additional sample shall be collected to determine compliance with the standards for grade A raw milk within 21 days after sending the warning notice, but not before the lapse of three days.

E. D. Whenever two of the last four consecutive cooling temperature checks or bacteria counts taken on separate days from a grade A permit holder's dairy plant exceed the standard established for grade A bulk shipped heat-treated milk products, the State Regulatory Agency shall send a written warning notice to the permit holder or to the person identified by the permit holder to receive sample reports and official correspondence. The warning notice shall inform the permit holder or his representative: (i) concerning which quality standards the permit holder has violated for each grade A bulk shipped heat-treated milk product; (ii) that another sample will be collected within 21 days to determine compliance with the requirements of this chapter; and (iii) that the permit holder's grade A permit will be suspended whenever three out of the last five consecutive cooling temperature checks or bacteria counts exceed the quality standards. The warning notice shall be in effect so long as two out of the last four consecutive samples exceed the standard for grade A bulk shipped heat-treated milk products. An additional sample shall be collected to determine compliance with the standards for grade A raw milk within 21 days after sending the warning notice, but not before the lapse of three days.

F. E. Whenever three out of the last five consecutive cooling temperature checks, bacteria counts, or somatic cell counts taken on separate days for a grade A dairy farm permit holder exceed the standard established for grade A raw milk, the State Regulatory Agency shall send a written suspension notice to the permit holder or to the person identified by the permit holder to receive sample reports and official correspondence. The suspension notice shall inform the grade A dairy farm permit holder: (i) why his the permit holder's grade A permit is being suspended; (ii) that he will be contacted by the State Regulatory Authority to establish a date on which the suspension of his permit will be effective; and (iii) that his grade A permit will not be reinstated until laboratory analysis determine that his raw milk is in compliance with the quality standards.

G. Whenever two cryoscope test results taken on separate days for a grade A dairy farm permit holder exceed the standard established for grade A raw milk within the past two years, the State Regulatory Agency shall send a written suspension notice to the permit holder or to the person identified by the permit holder to receive sample reports and official correspondence. The suspension notice shall inform the grade A dairy farm permit holder: (i) why his grade A permit is being suspended; (ii) that he will be contacted by the State Regulatory Authority to establish a date on which the suspension of his permit will be effective; and (iii) that his grade A permit will not be reinstated until laboratory analysis determine that his raw milk is in compliance with the quality standards.

H. F. Whenever three out of the last five consecutive cooling temperature checks or bacteria counts taken on separate days from a grade A permit holder's dairy plant exceed the standard established for commingled grade A raw milk for pasteurization, ultra-pasteurization, or aseptically processed milk or milk products, the State Regulatory Authority shall send a written suspension notice to the permit holder or to the person identified by the permit holder to receive sample reports and official correspondence. The suspension notice shall inform the grade A dairy plant permit holder that: (i) the permit holder's grade A dairy plant permit is suspended and (ii) should the grade A dairy plant permit holder desire to have his grade A dairy plant permit reinstated, he must make his request in writing to the State Regulatory Authority detailing the actions he has taken and will take to avoid violating the standard he exceeded for commingled grade A raw milk in the future, establishing a date and time by which these actions will be fully implemented and stating the reasons why his request should be granted.

I. G. Whenever three out of the last five consecutive cooling temperature checks, bacteria counts, or coliform counts taken on separate days from a grade A permit holder's dairy plant exceed the standard established for grade A pasteurized or ultra-pasteurized milk or milk products in retail containers, the State Regulatory Authority shall send a written suspension notice to the permit holder or to the person identified by the permit holder to receive sample reports and official correspondence. The suspension notice shall inform the grade A dairy plant permit holder: (i) that the pasteurized or ultra-pasteurized milk and dairy products in violation of the quality standard are suspended from sale; (ii) why the pasteurized or ultra-pasteurized milk and dairy products are suspended from sale; (iii) that the permit holder must contact the State Regulatory Authority when corrections have been made to bring their his pasteurized or ultra-pasteurized milk and milk products into compliance before any action will be taken to reinstate sales of his suspended pasteurized or ultra-pasteurized milk and milk products; and (iv) that his pasteurized or ultra-pasteurized milk and milk products will not be reinstated for sale until laboratory analysis determine that the pasteurized or ultra-pasteurized milk and milk products are in compliance with the quality standards.

J. H. Whenever three out of the last five consecutive cooling temperature checks or bacteria counts taken on separate days from a grade A permit holder's dairy plant exceed the standard established for grade A bulk shipped heat-treated milk products, the State Regulatory Authority shall send a written suspension notice to the permit holder or to the person identified by the permit holder to receive sample reports and official correspondence. The suspension notice shall inform the grade A dairy plant permit holder that: (i) the permit holder's grade A dairy plant permit is suspended and (ii) should the grade A dairy plant permit holder desire to have his grade A dairy plant permit reinstated, he must make his request in writing to the State Regulatory Authority detailing the actions he has taken and will take to avoid violating the standard he exceeded for grade A bulk shipped heat-treated milk products in the future, establishing a date and time by which these actions will be fully implemented and stating the reasons why his request should be granted.

2VAC5-490-34. Inspection of dairy farms, milk plants, condensing plants, and drying plants; HACCP audits of dairy plants.

A. No person who operates a dairy farm, milk plant, receiving station, transfer station, milk tank truck cleaning facility, condensing plant, or drying plant within the Commonwealth may hold a grade A permit until his dairy farm, milk plant, receiving station, transfer station, milk tank truck cleaning facility, condensing plant, or drying plant has been inspected and approved by the State Regulatory Authority.

B. After permitting, each person's dairy farm, milk plant, receiving station, transfer station, milk tank truck cleaning facility, condensing plant, or drying plant within the Commonwealth shall be inspected as often as at the minimum frequency as outlined in Section 5 of the "Grade "A" Pasteurized Milk Ordinance, 2013 Revision," or at a greater frequency as deemed necessary by the State Regulatory Authority deems is necessary.

C. After permitting, each person's milk plant, receiving station, transfer station, milk tank truck cleaning facility, condensing plant, or drying plant within the Commonwealth participating in the voluntary HACCP program shall be HACCP audited as often as at the minimum frequency as outlined in Section 5 of the "Grade "A" Pasteurized Milk Ordinance, 2013 Revision," or at a greater frequency as deemed necessary by the State Regulatory Authority deems is necessary.

2VAC5-490-35. The examination of milk and milk products.

A. The State Regulatory Authority shall collect during any consecutive six months at least four samples of raw milk, collected in at least four separate months, except when three months show a month containing two sampling dates separated by at least 20 days for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging, from each dairy farm that holds a grade A permit.

B. After receipt of the milk by the milk plant and prior to pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging the State Regulatory Authority shall collect during any consecutive six months at least four samples of raw milk, collected in at least four separate months, except when three months show a month containing two sampling dates separated by at least 20 days for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging, from each milk plant located within the Commonwealth that holds a grade A permit.

C. The State Regulatory Authority shall collect during any consecutive six-month period at least four samples of each heat-treated, pasteurized, ultra-pasteurized, and aseptically processed milk product, flavored milk, flavored reduced fat milk or low-fat milk, flavored nonfat milk, each fat level of reduced fat or low-fat milk, and milk products collected in at least four separate months, except when three months show a month containing two sampling dates separated by at least 20 days, from each milk plant located in the Commonwealth and holding a grade A permit.

D. All pasteurized and ultra-pasteurized milk and milk products required sampling and testing shall be conducted only when there are test methods available that are validated by FDA and accepted by NCIMS. Milk and milk products that do not have validated and accepted methods are not required to be tested. Aseptically processed and packaged milk and milk products and retort processed after packaged milk and milk products shall be exempt from the sampling and testing requirements of subsection C of this section.

D. E. The State Regulatory Authority shall, except when the production is not on a yearly basis, during each month collect from each milk condensing plant, milk drying plant, whey condensing plant, or whey drying plant holding a grade A permit at least one sample of raw milk for pasteurization, after receipt of the milk by the plant and before pasteurization, and at least one sample of each grade A condensed milk product, grade A dry milk product, grade A condensed whey, and grade A dry whey manufactured. If the production of grade A dry milk products or grade A dry whey is not on a yearly basis, the State Regulatory Authority shall collect at least five samples within a continuous production period.

E. F. The State Regulatory Authority may collect samples of milk and milk products as it deems necessary from retail establishments selling milk or milk products to determine compliance with 2VAC5-490-20, 2VAC5-490-40, 2VAC5-490-50, and 2VAC5-490-80. Each person who operates the retail establishment shall furnish the State Regulatory Authority, upon the request of the State Regulatory Authority, with the names of all distributors from whom the person has obtained milk or milk products.

F. G. The State Regulatory Authority shall provide the remaining portion of the original raw milk sample from each grade A dairy farm which that has been screened positive for animal drug residues by a milk plant, receiving station, or transfer station to the grade A dairy farms' farm's milk marketing organization upon request.

G. H. Each grade A permit holder operating a milk plant within the Commonwealth shall provide to the State Regulatory Authority laboratory determinations of the quantity of vitamin A and vitamin D present in each of the milk plant's milk and milk products to which vitamin A or vitamin D has been added. Each grade A permit holder who operates a milk plant shall provide these laboratory determinations at least annually from a laboratory certified to determine the amount of vitamin A and vitamin D in milk and milk products under the requirements established in "Evaluation of Milk Laboratories," 2009 2011 revision, available from the Food and Drug Administration, Center for Food Safety and Applied Nutrition, Office of Field Programs, Division of HACCP, Laboratory Quality Assurance Branch, HFH-450, 6502 South Archer Road, Summit-Argo, Illinois 60501, USA. Each grade A permit holder who operates a milk plant shall pay for the cost of the laboratory determinations.

2VAC5-490-36. Drug residue monitoring, farm surveillance and follow up.

A. Each grade A permit holder operating a milk plant, receiving station, or transfer station shall:

1. Prior to processing any raw milk from bulk tanks on farms, test for residues of beta lactam drugs all raw milk that the milk plant, receiving station, or transfer station receives for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging;

2. Test each shipment of bulk tank raw milk or a raw milk supply that has not been transported in bulk milk pickup tankers received for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging by screening tests methods which that have been Association of Official Analytical Chemists (AOAC) reviewed and Food and Drug Administration (FDA) accepted. In lieu of any test specified in this subdivision a grade A permit holder may use AOAC first-action and AOAC final-action tests methods. Nothing in this subdivision shall be deemed to require the testing of individual raw milk samples prior to processing collected from each grade A dairy farm included in any shipment of bulk tank raw milk for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging;

3. Implement a random-sampling program when the Commissioner of the Food and Drug Administration determines that a potential problem exists with animal drug residues or other contaminants in the milk supply. Each grade A permit holder operating a milk plant, receiving station, or transfer station shall analyze the samples for the contaminant by a method determined by FDA to be effective in determining compliance with actionable levels or established tolerances. Each grade A permit holder operating a milk plant, receiving station, or transfer station shall continue the random-sampling program until such time that the Commissioner of the Food and Drug Administration is reasonably assured that the problem has been corrected. The sampling program shall represent and include during any consecutive six months, at least four samples collected in at least four separate months, except when three months show a month containing two sampling dates separated by at least 20 days.;

4. Retain each sample found to be positive for drug residues for a period of 120 hours after the sample test result is positive for drug residues for the use of the State Regulatory Authority unless directed otherwise by a representative of the State Regulatory Authority;

5. Abstain from selling or offering for sale any pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk, milk product, or condensed and dry milk product processed from raw milk for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging before results of drug screening tests are available and which raw milk later tests positive for drug residues. All of the grade A permit holder's milk commingled with any raw milk which that tests positive for drug residues shall be deemed adulterated. Any grade A permit holder operating a milk plant, receiving station, or transfer station shall report to the State Regulatory Authority instances of adulteration immediately;

6. Record the results of tests on samples of raw milk and retain such records for a period of six months; report records of all results of tests on samples of raw milk to the State Regulatory Authority by the fifteenth day of each month for the preceding month; and maintain and make available to the State Regulatory Authority for inspection and review at the permitted facility records of results of tests on samples of raw milk. Each record of results of tests on samples of raw milk required by this subdivision shall include:

a. The analyst's signature, date, time, and place where the test was performed;

b. The registration identification of each pickup tanker of bulk raw milk or raw milk sampled;

c. The test method used;

d. The Interstate Milk Shipper Bulk Tank Unit identification number of each grade A milk supply included on each pickup tanker of bulk raw milk tested; and

e. A statement as to whether the test results were positive or negative. If the results were positive, the grade A permit holder shall also record:

(1) The identity of each producer contributing to the load from which the positive sample of raw milk was taken;

(2) The name of the person notified at the State Regulatory Authority of the positive test results;

(3) The date and time of day the person at the State Regulatory Authority was notified of the positive test results; and

(4) The method of notification of the State Regulatory Authority;

7. Immediately notify the State Regulatory Authority and the milk marketing cooperative or broker of any shipment of bulk tank raw milk for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging milk and milk products when the shipment of bulk tank raw milk is found to be positive for drug residues. Nothing in this subdivision shall be deemed to include individual raw milk samples collected from each grade A dairy farm included in any shipment of bulk tank raw milk for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging milk and milk products;

8. Test each producer sample of raw milk to determine the farm of origin represented by any sample of raw milk which that tests positive for drug residues and immediately report to the State Regulatory Authority the result of each producer sample representing the raw milk for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging milk and milk products found to be positive for drug residues;

9. Provide by facsimile machine or other electronic means to the Virginia Department of Agriculture and Consumer Services copies of load manifests, producer weight tickets, laboratory worksheets where the results of laboratory tests are originally recorded, and records from electronic readers documenting the results for samples tested for all positive loads; and

10. Immediately discontinue receiving shipments of raw milk from the grade A permit holder whose milk tests positive for drug residues, until subsequent tests are no longer positive for drug residues.

B. Each grade A dairy farm permit holder's milk marketing cooperative or milk marketing agent shall be responsible for the collection and testing of follow-up milk samples for animal drug residues required for permit reinstatement and resumption of milk shipment from the dairy farm each time the grade A dairy farm permit holder's milk test positive for animal drug residues.

C. Each grade A dairy farm permit holder's milk marketing cooperative or milk marketing agent shall comply with the following when following up on a producer's dairy farm after a positive animal drug residue:

1. Only person's persons who hold valid permits to weigh, sample, and collect milk issued by the Virginia Department of Agriculture and Consumer Services shall collect and deliver follow-up milk samples to laboratories for official testing for the purpose of permit reinstatement and the resumption of milk shipments from the dairy farm;

2. Reports of laboratory testing shall be provided from officially designated laboratories for each milk sample tested for animal drug residues and shall include the following information:

a. The name of the grade A dairy farm permit holder;

b. The patron number of the grade A dairy farm permit holder;

c. The date, time, and temperature of the milk sample when collected;

d. The name of the person who collected the milk sample;

e. The name of the test method used to test the milk sample; and

f. The test result for the milk sample; and

3. Only confirmation test methods approved under M-I-96-10 (Revision #7) (Revision #8) dated January 4, 2010 March 22, 2012, and titled "Drug Residue Test Methods for Confirmation of Presumptive Positive Results and Initial Producer Trace Back" may be used for follow-up milk sample testing.

2VAC5-490-37. Laboratory certification.

A. Each grade A permit holder operating a dairy plant that receives any milk that could require load confirmation or producer trace-back as a result of a positive animal drug residue on a load of milk delivered at the plant shall provide to the Virginia Department of Agriculture and Consumer Services results of animal drug residue tests from an officially designated laboratory. Each officially designated laboratory shall maintain a listing in the IMS List – Sanitation Compliance and Enforcement Ratings of Interstate Milk Shippers as an approved milk laboratory certified to test load and producer samples. All laboratory results from officially designated laboratories shall be reported to the Virginia Department of Agriculture and Consumer Services within six hours of the initial presumptive positive result at the plant.

B. Each officially designated laboratory shall comply with the requirements contained in the "Evaluation of Milk Laboratories, 2009 2011 revision" for certification and listing in the "IMS List – Sanitation Compliance and Enforcement Ratings of Interstate Milk Shippers."

2VAC5-490-39. Records of milk purchased or sold; list of sources.

Each grade A permit holder who operates a milk plant, receiving station, or transfer station, and any person who distributes milk or milk products shall furnish the State Regulatory Authority upon request:

1. A true statement of the quantities of milk and milk products of each grade purchased or sold by the milk plant, receiving station, transfer station, or distributor of milk or milk product; and

2. A list of all sources from which the milk plant, receiving station, transfer station, or distributor of milk or milk product, received milk or milk products.

2VAC5-490-39.3. Commingling of milk from different species prohibited.

No person may produce, provide, manufacture in, sell, offer for sale, or store in the Commonwealth, or, bring, send, or receive into the Commonwealth, any milk, milk product, or condensed and dry milk product for use in the commercial preparation of grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk or milk products, any part of which is a combination of the milk from any two or more species of mammal.

Part V
Labeling

2VAC5-490-40. Labeling.

No person may produce, provide, manufacture, sell, offer for sale, or store in the Commonwealth or, bring into, send into, or receive into the Commonwealth any milk, milk product, or condensed and dry milk product for use in the commercial preparation of grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk or milk products which that are not labeled in compliance with the following:

1. Each grade A permit holder's bottles, containers, and packages enclosing any milk or milk products shall be labeled in accordance with the requirements of the Federal Food, Drug, and Cosmetic Act, as amended,; the Nutrition Labeling and Education Act (NLEA) of 1990, and regulations developed thereunder; and the Food Allergen Labeling and Consumer Protection Act of 2004;

2. The grade A permit holder shall label or mark all bottles, containers, and packages enclosing any milk or milk products with:

a. The name of a defined milk product, if there is a definition, and if there is no definition, a name that is not false or misleading;

b. The word "reconstituted" or "recombined" if the milk product is made by reconstitution or recombination;

c. The term "grade A" located on the exterior of the package on the principal display panel, the secondary or informational panel, or the cap or cover;

d. The identity of the plant where the grade A permit holder's milk or milk product is pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged by specifying:

(1) The street address, city, state, and zip code of the plant; or

(2) The code assigned the plant under the National Uniform Coding System for Packaging Identification of Milk and Milk Product Processing Plants.;

e. In the case of concentrated milk or concentrated milk products the volume or proportion of water to be added for recombining;

f. The name of the milk product that the concentrated milk product will produce, which name shall be preceded by the term "concentrated." In the case of flavored milk or flavored reconstituted milk, the grade A permit holder shall substitute the name of the principal flavor for the word "flavored";

g. In the case of aseptically processed and packaged milk and milk products or retort processed after packaged milk and milk products, the words "keep refrigerated after opening";

h. In the case of aseptically processed and packaged milk or milk products, the term "UHT" ultra-high-temperature;

i. The term "ultra-pasteurized" if the milk or milk product has been ultra-pasteurized;

j. The term "goat" preceding the name of the milk or milk product when the milk or milk product is goat milk or is made from goat milk;

k. The term "sheep" preceding the name of the milk or milk product when the milk or milk product is sheep milk or is made from sheep milk;

l. The term "water buffalo" preceding the name of the milk or milk product when the milk or milk product is water buffalo milk or is made from water buffalo milk;

m. As in the case of cow's milk, goat's milk, sheep's milk, and water buffalo's milk, the common or usual name of the mammal from which the milk was obtained shall precede the name of the milk, milk product, condensed milk, condensed milk product, dry milk, or dry milk product;

n. The information appearing on the label of any bottle, container, or package of milk or milk product shall contain no marks, pictures, graphics, endorsements, or words which that are misleading;

o. The "pull date" which shall not interfere with the legibility of other labeling required for the milk or milk product and shall be expressed by: the first three letters in the name of the month, followed by or preceded by the numeral or numerals constituting the calendar date after which the product shall not be sold or expressed numerically by the number of the month followed by the number of the day. For example, June 1 shall be expressed "JUN 1," "1 JUN," "06 01," or "06-01";

p. The grade A permit holder who operates a milk plant and offers for sale milk or milk product within the Commonwealth shall file and certify with the State Regulatory Authority the maximum number of days after manufacturing or processing the grade A permit holder's milk or milk products which that will be used to determine the "pull date." The grade A permit holder shall establish a "pull date" that under normal storage the milk or milk product meets for a minimum of 96 hours after the "pull date," standards set by this chapter;

q. No person may sell or offer for sale any packaged grade A pasteurized milk, grade A pasteurized milk product, or milk product after the date of the "pull date" on the package;

r. No person may sell or offer for sale any grade A pasteurized milk, grade A pasteurized milk product, or milk product in a package that does not bear the "pull date";

s. Nothing in this chapter shall apply to containers of grade A pasteurized milk, grade A milk products, or milk products which that are not to be sold in the Commonwealth; and

t. In the case of condensed or dry milk products, the label shall also contain (i) the identity of the State Regulatory Authority issuing the processing plant's permit; (ii) the identity of the distributor if the condensed or dry milk products are distributed by a party other than the processing plant, the name and address of the distributor shall also be shown by a statement such as "distributed by"; (iii) the code or lot number identifying the contents with a specific date, run, or batch of the product; and (iv) a statement of the quantity of the contents of the container.

Part VI
Standards for Milk and Milk Products

2VAC5-490-50. Quality standards for milk and milk products.

A. No person may produce, provide, manufacture, sell, offer for sale, or store in the Commonwealth, or, bring, send, or receive into the Commonwealth, any milk, milk product, condensed milk product, or dry milk product for use in the commercial preparation of grade A pasteurized, ultra-pasteurized, or aseptically processed milk or milk products which that do not comply with the following:

1. Grade A raw milk for pasteurization or ultra-pasteurization or, aseptic processing and packaging, or retort processed after packaging and all grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk or milk products shall be produced, processed, manufactured and pasteurized, or ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged to conform with the following chemical, physical, bacteriological, somatic cell, cryoscope, and temperature standards, and with the requirements of this chapter;

2. No process or manipulation other than (i) pasteurization; (ii) ultra-pasteurization; (iii) aseptic processing; or (iv) and packaging; (iv) retort processed after packaging; or (v) processing methods integral with pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging; and refrigeration may be applied to milk or milk products for the purpose of removing or deactivating microorganisms provided that filtration, bactofugation, or filtration and bactofugation may be performed in the plant in which the milk or milk product is pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged. Nothing in this chapter is deemed to prohibit any grade A permit holder who operates a milk plant from preparing bulk shipments of cream, skim milk, reduced fat or lowfat milk labeled as "heat treated"; if the raw milk, raw cream, skim milk, reduced fat or lowfat milk is heated, one time, to a temperature warmer than 125°F but cooler than 161°F for separation purposes. In the case of heat treated cream, the cream may be further heated to less than 166°F in a continuing heating process and immediately cooled to 45°F or less when necessary for enzyme deactivation (such as lipase reduction) for a functional reason;

3. Grade A raw milk and milk products for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging shall comply with the following standards:

a. The temperature of the raw milk shall be cooled to 40°F or cooler, but not frozen, within two hours after milking and the temperature after the first or any subsequent milking shall not be warmer than 50°F;

b. The bacteria count of the raw milk shall not exceed 100,000 bacteria per milliliter prior to commingling with any other milk; and the bacteria count of the raw milk that is commingled shall not exceed 300,000 bacteria per milliliter prior to pasteurization;

c. Raw milk shall freeze at or below -0.530° Hortvet;

d. Raw milk shall have no positive results of tests for drug residues by detection methods reported to the State Regulatory Authority by official laboratories, officially designated laboratories, milk plants, receiving stations, or transfer stations;

e. The somatic cell count of raw cow's milk, raw water buffalo's milk, or raw sheep's milk shall not exceed 750,000 somatic cells per milliliter. The somatic cell count of raw goat's milk shall not exceed 1,500,000 somatic cells per milliliter;

f. Raw milk shall not exceed the actionable level, tolerance level, or safe level for any chemical residue or pesticide residue specified in: 40 CFR Part 180 and 21 CFR Parts 70, 71, 73, 74, 80, 82, 130, 131, 133, 170, 172, 173, 174, 175, 176, 177, 178, 189, 556, 570, 573, 589. In the event that no actionable level, tolerance level, or safe level for a chemical residue or pesticides residue has been established in 40 CFR Part 180 and 21 CFR Parts 70, 71, 73, 74, 80, 82, 130, 131, 133, 170, 172, 173, 174, 175, 176, 177, 178, 189, 556, 570, 573, 589, the tolerance level shall be deemed to be zero; and

g. Raw milk shall not contain aflatoxin residues equal to or greater than 0.50 parts per billion as determined by the Charm II aflatoxin test or other equivalent method.;

4. Grade A pasteurized or ultra-pasteurized, milk and milk products shall comply with the following standards:

a. The temperature of milk products shall be cooled to 45°F or cooler (but not frozen) and maintained at that temperature;

b. The bacteria count for any milk or milk products (except acidified or cultured products) milk or milk products, eggnog, cottage cheese, and other milk or milk products as identified in FDA M-a-98) shall not exceed 20,000 bacteria per milliliter;

c. Except for commingled milk shipped in a transport tank the coliform count for any milk or milk products shall not exceed 10 coliform organisms per milliliter. Commingled milk shipped in a transport tank shall not exceed 100 coliform organisms per milliliter;

d. The phenol value of test samples of pasteurized finished product shall be no greater than the maximum specified for the particular product as determined and specified by: (i) any phosphatase test method prescribed in the Official Methods of Analysis, 18th 19th Edition, 2005 2012, published by the Association of Official Analytical Chemists; (ii) the Fluorometer test method; (iii) the Charm ALP test method; or (iv) other equivalent method as determined by the Virginia Department of Agriculture and Consumer Services. A phenol value greater than the maximum specified for the particular product shall mean that the product was not properly pasteurized. A phenol value less than the maximum specified for the particular product shall not be deemed to mean that the product was properly pasteurized, unless there is evidence of proper pasteurization equipment in conformance with this chapter and records to determine an adequate pasteurization process has been completed for each separate batch or lot of milk, milk product, condensed milk, condensed milk product, dry milk, or dry milk product;

e. Milk or milk products shall have no positive results of tests for drug residues by detection methods reported to the State Regulatory Authority by official laboratories, officially designated laboratories, milk plants, receiving stations, or transfer stations;

f. Milk or milk products shall not exceed the actionable level, tolerance level, or safe level for any chemical residue or pesticide residue specified in: 40 CFR Part 180 and 21 CFR Parts 70, 71, 73, 74, 80, 82, 130, 131, 133, 170, 172, 173, 174, 175, 176, 177, 178, 189, 556, 570, 573, 589. In the event that no actionable level, tolerance level, or safe level for a chemical residue or pesticides residue has been established in 40 CFR Part 180 and 21 CFR Parts 70, 71, 73, 74, 80, 82, 130, 131, 133, 170, 172, 173, 174, 175, 176, 177, 178, 189, 556, 570, 573, 589, the tolerance level shall be deemed to be zero; and

g. Milk or milk products shall not contain aflatoxin residues equal to or greater than 0.50 parts per billion as determined by the Charm II aflatoxin test or other equivalent method.;

5. Grade A pasteurized concentrated (condensed) milk or milk product shall comply with the following standards:

a. The temperature of milk products shall be cooled to 45°F or cooler (but not frozen) and maintained thereat unless drying is commenced immediately after condensing;

b. Except for commingled milk shipped in a transport tank, the coliform count for any milk or milk product shall not exceed 10 coliform organisms per gram. Commingled milk shipped in a transport tank shall not exceed 100 coliform organisms per gram;

6. Grade A aseptically processed and packaged milk and milk products shall comply with the following standards:

a. Aseptically processed and packaged milk and milk products shall be commercially sterile;

b. Aseptically processed and packaged milk and milk products shall have no positive results of tests for drug residues by detection methods reported to the State Regulatory Authority by official laboratories, officially designated laboratories, milk plants, receiving stations, or transfer stations;

c. Aseptically processed and packaged milk and milk products shall not exceed the actionable level, tolerance level, or safe level for any chemical residue or pesticide residue specified in 40 CFR Part 180 and 21 CFR Parts 70, 71, 73, 74, 80, 82, 130, 131, 133, 170, 172, 173, 174, 175, 176, 177, 178, 189, 556, 570, 573, 589. In the event that no actionable level, tolerance level, or safe level for a chemical residue or pesticides residue has been established in 40 CFR Part 180 and 21 CFR Parts 70, 71, 73, 74, 80, 82, 130, 131, 133, 170, 172, 173, 174, 175, 176, 177, 178, 189, 556, 570, 573, 589, the tolerance level shall be deemed to be zero; and

d. Aseptically processed and packaged milk and milk products milk shall not contain aflatoxin residues equal to or greater than 0.05 parts per billion.;

6. 7. Grade A nonfat dry milk and dry milk or milk products shall comply with the following standards:

a. The butterfat content shall not be greater than 1-1/4%;

b. The moisture content shall not be greater than 4.0%;

c. The titratable acidity shall not exceed 0.15%;

d. The solubility index shall not exceed 1-1/4 milliliters;

e. a. The bacteria count shall not exceed 30,000 10,000 bacteria per gram;, and

f. b. The coliform count shall not exceed 10 coliform organisms per gram; and

g. The amount of scorched particles shall not exceed 15 particles per gram.

7. 8. Grade A whey for condensing or drying shall be maintained at a temperature of 45°F (7°C) or less, or 135°F (57°C) or greater; provided that, acid-type whey with a titratable acidity of 0.40% or above or a pH of 4.6 or below shall be exempt for the requirements of this subdivision;

8. 9. Grade A pasteurized condensed whey and whey products shall be cooled to 50°F (10°C) or less during crystallization and within 72 hours of condensing. The coliform count of grade A pasteurized condensed whey and whey products shall not exceed 10 coliform organisms per gram; and

9. 10. The coliform count of grade A dry whey, grade A dry whey products, grade A dry buttermilk, and grade A dry buttermilk products shall not exceed 10 coliform organisms per gram.

B. Sanitation requirements for grade A raw milk.

1. Each person who holds a grade A permit to produce raw milk for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging shall comply with:

a. The following administrative procedures contained in the "Grade "A" Pasteurized Milk Ordinance, 2009 2013 Revision": Section 4. – Labeling; Section 7. - Standards for Grade "A" Raw Milk for Pasteurization, Ultra-Pasteurization or Aseptic Processing, Items 1r, 2r, 3r, 4r, 5r, 6r, 7r, 8r, 9r, 10r 10r(1), 10r(2), 11r, 12r, 13r(1), 13r(2), 13r(4), 13r(5) 13r, 14r, 15r, 16r, 17r, 18r(2), 18r(3), 19r; Section 8. – Animal Health; Section 10. – Transferring; Delivery Containers; Cooling; and Section 13. – Personnel Health;

b. The following appendices contained in the "Grade "A" Pasteurized Milk Ordinance, 2009 2013 Revision": Appendices A, B, C, D, F, G, H, N, Q, and R; and

c. Item 1r. Abnormal milk. Each person who holds a grade A permit to produce raw milk for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging shall:

(1) Milk last or with separate equipment cows, sheep, goats, water buffalo, or other mammals which that show evidence of the secretion of abnormal milk in one or more quarters (based upon bacteriological, chemical, or physical examination) and discard the milk obtained from cows, sheep, goats, water buffalo, or other mammals which that show evidence of the secretion of abnormal milk in one or more quarters based upon bacteriological, chemical, or physical examination; and

(2) Milk last or with separate equipment cows, sheep, goats, water buffalo, or other mammals treated with, or which that have consumed, chemical, medicinal, or radioactive agents which that are capable of being secreted in the milk and which that may be deleterious to human health; and dispose of in a manner which that will not pollute the environment or any human food the milk obtained from cows, sheep, goats, water buffalo, or other mammals treated with, or which that have consumed, chemical, medicinal, or radioactive agents which that are capable of being secreted in the milk and which that may be deleterious to human health;

d. Item 2r. Milking barn, stable, or parlor-; construction. Each person who holds a grade A permit to produce raw milk for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging shall:

(1) Provide on the person's dairy farm a milking barn, stable, or parlor in which the milking herd shall be housed during milking time;

(2) Provide on the grade A permit holder's dairy farm a milking barn, stable, or parlor, which, milking barn, stable, or parlor shall:

(a) Have floors constructed of concrete or equally impervious material;

(b) Have walls and ceiling which that are smooth, painted, or finished in an approved manner, and in good repair and have a ceiling which is dust tight;

(c) Have separate stalls or pens for horses, calves, and bulls;

(d) Have natural or artificial light, well distributed for day or night milking;

(e) Have sufficient air space and air circulation to prevent condensation and excessive odors;

(f) Have dust-tight covered boxes or bins, or separate storage facilities for ground, chopped, or concentrated feed; and

(g) Not be overcrowded; and

(3) Provide and use only an "automatic milking installation" that complies with the requirements of Appendix Q of the "Grade "A" Pasteurized Milk Ordinance, 2009 2013 Revision" if the person milks any cows, goats, sheep, water buffalo, or other mammals (except humans) using robots or other automated means in the absence of any human;

e. Item 3r. Milking barn, stable, or parlor-; cleanliness. Each person who holds a grade A permit to produce raw milk for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging shall:

(1) Keep the interior of the milking barn, stable, or parlor clean;

(2) Keep the floors, walls, ceilings, windows, pipelines, and equipment in the milking barn, stable, or parlor free of filth or litter and clean;

(3) Keep swine and fowl out of the milking barn, stable, and parlor; and

(4) Keep surcingles, belly straps, milk stools, and antikickers clean and stored above the floor; and

(5) Store feed in a manner that will not increase the dust content of the air or interfere with the cleaning of the floor;

f. Item 4r. Cow yard, sheep yard, goat yard, water buffalo yard, or other milking mammal yard. Each person who holds a grade A permit to produce raw milk for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging shall:

(1) Provide and maintain the cow yard, sheep yard, goat yard, water buffalo yard or other milking mammal yard, to be graded and drained, and to have no standing pools of water or accumulations of organic wastes;

(2) In the cow loafing, goat loafing, sheep loafing, water buffalo loafing, or other milking mammal loafing, cattle-housing, sheep-housing, goat-housing, water buffalo-housing, or other milking mammal-housing areas remove cow droppings, sheep droppings, goat droppings, water buffalo droppings, and other milking mammal droppings and remove soiled bedding or add clean bedding at sufficiently frequent intervals to prevent the soiling of the cow's, sheep's, goat's, water buffalo's, or other milking mammal's udder and flanks;

(3) Assure that waste feed does not accumulate in the goat yard, cow yard, sheep yard, water buffalo yard, other milking mammal yard, cow loafing, sheep loafing, goat loafing, water buffalo loafing, other milking mammal loafing, cattle-housing, sheep-housing, goat-housing, water buffalo-housing, or other milking mammal-housing area;

(4) Maintain any manure packs so as to be properly drained and so as to provide a reasonably firm footing; and

(5) Keep swine and fowl out of the cow yard, sheep yard, goat yard, water buffalo yard, other milking mammal yard, cow loafing, sheep loafing, goat loafing, water buffalo loafing, other milking mammal loafing, cattle-housing, sheep-housing, goat-housing, water buffalo-housing, or other milking mammal-housing area.;

g. Item 5r. Milkhouse or room-; construction and facilities. Each who holds a grade A permit to produce raw milk for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging shall:

(1) Provide a milkhouse or milkroom of sufficient size in which the cooling, handling, and storing of milk and the washing, sanitizing, and storing of milk containers and utensils shall be conducted except as provided under subdivision 1 n of this subsection;

(2) Provide a milkhouse with a smooth floor, constructed of concrete or equally impervious material graded to drain, and maintained in good repair;

(3) Dispose of in a sanitary manner all liquid waste generated in the milkhouse;

(4) Provide one or more floor drains in the milkhouse, which floor drains shall be accessible, and if connected to a sanitary sewer system trapped;

(5) Provide in the milkhouse walls and ceilings constructed of a smooth material, in good repair, well painted, or finished in an equally suitable manner;

(6) Provide adequate natural or artificial light and ventilation in the milkhouse;

(7) Use the milkhouse for no other purpose than milkhouse operations;

(8) Provide no direct opening from the milkhouse into any barn, stable, or into any room used for domestic purposes, other than a direct opening between the milkhouse and milking barn, stable, or parlor provided with a tight-fitting, self-closing, solid door, which door has been hinged to be single or double acting. Screened vents in the wall between the milkhouse and a breezeway, which separates the milkhouse from the milking parlor, are permitted, provided animals are not housed within the milking facility;

(9) Provide in the milkhouse water under pressure which has been piped into the milkhouse;

(10) Provide in the milkhouse a two-compartment wash vat and adequate hot water heating facilities;

(11) Except as provided for under subdivision 1 g (12) of this subsection provide a suitable shelter for the receipt of milk when the grade A permit holder uses a transportation tank for the cooling or storage of milk on the grade A permit holder's dairy farm, which shelter adjacent to, but not a part of, the milkroom; and with the requirements of the milkroom shall comply with respect to construction, light, drainage, insect and rodent control, and general maintenance. In addition to providing a suitable shelter as required by this subsection, the grade A permit holder shall:

(a) Install an accurate, accessible temperature-recording device in the milk line used to fill the transportation tank downstream from an effective cooling device capable of cooling the milk to 40°F or less before the milk enters the transportation tank. Electronic records that comply with the applicable provisions as referred to in Sections IV and V of Appendix H of the "Grade "A" Pasteurized Milk Ordinance, 2013 Revision," with or without hard copy, may be used in place of temperature-recording records;

(b) Install an indicating thermometer as close as possible to the temperature-recording device in the milk line used to fill the transportation tank to be used for verification of recording temperatures, which indicating thermometer shall:

(i) Have a temperature span of not less than 50°F including normal storage temperatures plus or minus 5°F, with an extension of the scale on either side permitted and graduated in not more than 2°F divisions;

(ii) Have temperature scale divisions spaced not less than 0.0625 inches apart between 35°F and 55°F;

(iii) Have an accuracy within plus or minus 2°F throughout the scale range; and

(iv) Have the stem fitting installed in a pressure-tight seat or other sanitary fitting with no threads exposed;

(c) Provide an effective means to agitate the transport tank or an approved in-line sampling device in order to collect a representative milk sample;

(12) If the State Regulatory Authority determines conditions exist whereby the milk transport tank may be adequately protected and sampled without contamination, a shelter need not be provided if the grade A permit holder:

(a) Provides a means to make all milk hose connections to the transport tank accessible from within the milkhouse;

(b) Provides a means to completely protect the milk hose connection to the transport tank from the outside environment. With approval of the State Regulatory Authority, the direct loading of milk from the milkhouse to the milk tank truck may be conducted through a properly designed hose port that adequately protects the milkhouse opening or by stubbing the milk transfer and associated CIP cleaned lines outside the milkhouse wall in accordance with Item 5r, Administrative Procedure #15, of the "Grade "A" Pasteurized Milk Ordinance, 2013 Revision";

(c) Ensures he utilizes only milk transport tanks the manholes of which have been sealed after cleaning and sanitizing are utilized;

(d) Ensures he utilizes only milk transport tanks that have been washed and sanitized at permitted dairy plants or a permitted milk tank truck cleaning facilities acceptable to the State Regulatory Agency are utilized;

(e) Installs an accurate, accessible temperature-recording device in the milk line used to fill the transportation tank downstream from an effective cooling device capable of cooling the milk to 40°F or less before the milk enters the transportation tank. Electronic records that comply with the applicable provisions as referred to in Sections IV and V of Appendix H of the "Grade "A" Pasteurized Milk Ordinance, 2013 Revision," with or without hard copy, may be used in place of temperature-recording records;

(f) Installs an indicating thermometer as close as possible to the temperature-recording device in the milk line used to fill the transportation tank to be used for verification of recording temperatures, which indicating thermometer shall:

(i) Have a temperature span of not less than 50°F including normal storage temperatures plus or minus 5°F, with an extension of the scale on either side permitted and graduated in not more that than 2°F divisions;

(ii) Have temperature scale divisions spaced not less that than 0.0625 inches apart between 35°F and 55°F;

(iii) Have an accuracy within plus or minus 2°F throughout the scale range; and

(iv) Have the stem fitting installed in a pressure-tight seat or other sanitary fitting with no threads exposed;

(g) Provides an effective means to agitate the transport tank or an approved in-line sampling device in order to collect a representative milk sample; and

(h) Provides a self-draining concrete or equally impervious surface on which the transport tank can be parked during filling and storage;

h. Item 6r. Milkhouse or milkroom-; cleanliness. Each person who holds a grade A permit to produce raw milk for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging shall:

(1) Keep clean the floors, walls, ceilings, windows, tables, shelves, cabinets, wash vats, nonproduct contact surfaces of milk containers, utensils, equipment, and other milkroom equipment in the milkroom;

(2) Place in the milkroom only those articles directly related to milkroom activities; and

(3) Keep the milkroom free of trash, animals, and fowl;

i. Item 7r. Toilets. Each person who holds a grade A permit to produce raw milk for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging shall:

(1) Provide on the person's grade A dairy farm one or more toilets, which shall be conveniently located and properly constructed, and operated, and maintained in a sanitary manner;

(2) Prevent the access of flies to the waste contained in or from the toilet;

(3) Prevent the waste contained in or from the toilet from polluting the soil surface or contaminating any water supply; and

(4) Assure that there is no direct opening from the toilet into any milkroom;

j. Item 8r. Water supply. Each person who holds a grade A permit to produce raw milk for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging shall:

(1) Provide water for milkhouse and milking operations from a water supply properly located, protected, and operated. The water supply shall be easily accessible, adequate, and of a safe, sanitary quality, and meet the construction standards of Appendix D of the "Grade "A" Pasteurized Milk Ordinance, 2013 Revision";

(2) Assure that any well casing which is part of a water supply that provides water for any milkhouse or milking operation is not located closer to any source of contamination which may contaminate the water supply than is specified as follows:

(a) No grade A permit holder may locate a well casing closer than 10 feet to a pit;

(b) No grade A permit holder may locate a well casing closer than 10 feet to any sewer pipe, floor drain, or other pipe which may back up;

(c) No grade A permit holder may locate a well casing closer than 50 feet to any above-ground gas, oil, petroleum, or chemical storage tank;

(d) No grade A permit holder may locate a well casing closer than 50 feet to any accumulated animal manure;

(e) No grade A permit holder may locate a well casing closer than 50 feet to any area to which livestock has access; or animal-holding area, feedlot, or loafing area on dirt;

(f) No grade A permit holder may locate a well casing closer than 50 feet to any pit not drained to the surface of the ground. Nothing in this requirement shall apply to a residential basement;

(g) No grade A permit holder may locate a well casing closer than 100 feet to any pit privy. Existing well casings located on grade A dairy farms holding valid permits issued by the State Regulatory Authority on September 1, 1993, shall be exempt from the 100 foot distance requirement of this subdivision until the existing permit is canceled or revoked;

(h) No grade A permit holder may locate a well casing closer than 100 feet to any animal-manure disposal area;

(i) No grade A permit holder may locate a well casing closer than 100 feet to any cess pool;

(j) No grade A permit holder may locate a well casing closer than 100 feet to any dry well;

(k) No grade A permit holder may locate a well casing closer than 100 feet to any structure which stores animal manure;

(l) No grade A permit holder may locate a well casing closer than 100 feet to any septic tank or drain field; and

(m) No grade A permit holder may locate a well casing closer than 100 feet to any underground or partially-buried gas, oil, petroleum, or chemical storage tank;

(3) Construct the water supply so that the well casing terminates at least two feet above the highest-known flood plane for the location in which the water supply is located; and

(4) Construct the water supply so that no potable water supply pipe attached to the water supply is located closer than 10 feet measured horizontally to any sewer pipe, soil pipe, or drain;

(2) Construct the water supply so that no cross connections between a safe water supply and any unsafe or questionable water supply or other source of pollution exists; and

(3) Construct the water supply so that no submerged inlets exist through which a safe water supply may be contaminated;

k. Item 9r. Utensils and equipment-construction. Each person who holds a grade A permit to produce raw milk for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging shall:

(1) Provide multiuse containers, equipment, and utensils for use in the handling, storage, or transportation of any milk, which multiuse containers, equipment, and utensils, shall be made of smooth, nonabsorbent, corrosion-resistant, and nontoxic materials; constructed as to be easily cleaned; and maintained in good repair;

(2) Provide milk pails which that are constructed to be seamless and of the hooded type if the grade A permit holder does hand milking and stripping;

(3) Abstain from using multiple-use woven material for straining any milk;

(4) Use only single-service articles which that have been manufactured, packaged, transported, stored, and handled in a sanitary manner and that comply with the requirements of subdivision C 1 of this section;

(5) Abstain from reusing any article intended for single-service use; and

(6) Provide farm holding or cooling tanks, welded sanitary piping, and transportation tanks which that comply with the requirements of subdivisions C 1 l and C 1 m of this section on any grade A dairy farm;

l. Item 10r. Utensils and equipment; cleaning. Each person who holds a grade A permit to produce raw milk for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging shall:

(1) Clean after each use, or once every 24 hours in the case of continuous operations, the product-contact surfaces of all multiuse containers, multiuse equipment, and multiuse utensils used in the handling, storage, or transportation of any milk; and

(2) Offer for sale or sell no milk which that has passed through any equipment, if the milk-contact surfaces of the equipment are no longer visible, or are covered or partially covered by an accumulation of milk solids, milk fat, cleaning compounds, or other soils. Any milk which that passes through equipment, the milk-contact surfaces of which are no longer visible, or are covered or partially covered by an accumulation of milk solids, milk fat, cleaning compounds, or other soils shall be deemed adulterated; and

(3) Construct a separate wash manifold for all CIP cleaned milk pipelines in all new or extensively remodeled facilities;

m. Item 11r. Utensils and equipment; sanitization. Each person who holds a grade A permit to produce raw milk for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging shall sanitize before each use the product-contact surfaces of all multiuse containers, equipment, and utensils used in the handling, storage, or transportation of any milk;

n. Item 12r. Utensils and equipment; storage. Each person who holds a grade A permit to produce raw milk for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging shall store containers, utensils, and equipment used in the handling, storage, or transportation of any milk in a sanitizing solution or store the containers, utensils, and equipment used in the handling, storage, or transportation of any milk to assure complete drainage, and protected from contamination prior to use. Nothing in this requirement shall be deemed to prohibit a grade A permit holder from storing in a milking barn or milking parlor a milk pipeline, or the following pipeline milking equipment: milker claw, inflation, weigh jar, meter, milk hose, milk receiver, tubular cooler, plate cooler, or milk pump; if the milk pipeline or pipeline milking equipment specified in this subdivision is designed for mechanical cleaning; and designed, installed, and operated to protect the milk product and solution-contact surfaces from contamination at all times;

o. Item 13r. Milking; flanks, udders, and teats. Each person who holds a grade A permit to produce raw milk for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging shall:

(1) Milk all cows, sheep, goats, water buffalo, and other mammals in a milking barn, stable, or parlor;

(2) Trim the hair from the udder and tail of all milking cows, sheep, goats, water buffalo, and other mammals to facilitate cleaning of the udder and tail;

(3) Keep the flanks, udders, bellies, and tails of all milking cows, sheep, goats, water buffalo, and other mammals free of visible dirt;

(4) Keep the hair on the udders of all milking cows, sheep, goats, water buffalo, and other mammals to a length that the hair on the udder of any cow, sheep, goat, water buffalo, or other mammal cannot be incorporated with the teat in the inflation during milking;

(5) Abstain from milking any cow, sheep, goat, water buffalo, or other mammal whose udder or teats is not clean and dry;

(6) Treat with a sanitizing solution, just prior to milking, the teats of each milking cow, sheep, goat, water buffalo, and other mammal and dry the teats of each milking cow, sheep, goat, water buffalo, and other mammal before milking; and

(7) Milk all cows, sheep, goats, water buffalo, and other mammal with dry hands;

p. Item 14r. Protection from contamination. Each person who holds a grade A permit to produce raw milk for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging shall:

(1) Locate and operate the milking and milk house operations, equipment, and facilities to prevent any contamination of the milk, equipment, containers, or utensils;

(2) Transfer immediately from the milking barn, stable, or parlor to the milkhouse each pail or container of milk;

(3) Strain, pour, transfer, or store any milk unless it is protected from contamination;

(4) Handle all containers, utensils and equipment that have been sanitized in such a manner as to prevent contamination of any product-contact surfaces;

(5) Transport from the grade A permit holder's dairy farm to a milk plant or receiving station all milk in cans, using vehicles which that are constructed and operated to protect the milk from sun, freezing, and contamination;

(6) Keep clean the inside and outside of each vehicle used to transport from the grade A permit holder's dairy farm to a milk plant or receiving station any milk in cans; and

(7) Transport no substance capable of contaminating the milk when transporting milk;

q. Item 15r. Drug and chemical control. Each person who holds a grade A permit to produce raw milk for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging shall:

(1) Store all drugs and medicinals in such a manner that neither the drugs nor the medicinals can contaminate any milk or the milk product-contact surface of any equipment, containers, or utensils;

(2) Abstain from using unapproved or improperly labeled medicinals or drugs to treat any dairy animals or store unapproved or improperly labeled medicinals or drugs in the milkhouse, milking barn, stable or parlor. Except for topical antiseptics, wound dressings (unless intended for direct injection into the teat), vaccines and other biologics, and dosage form vitamins and mineral products, a drug or medicinal is properly labeled only if the drug or medicinal is labeled with the following:

(a) For over-the-counter medicinals or drugs, the name and address of the manufacturer or distributor, or for prescription and extra-label use medicinals or drugs, the name of the veterinary practitioner dispensing the product;

(b) Directions for use of the drug or medicinal and the prescribed holding time;

(c) Any cautionary statement for the drug or medicinal, if needed; and

(d) The active ingredient or ingredients in the drug or medicinal;

(3) Except for topical antiseptics, wound dressings (unless intended for direct injection into the teat), vaccines and other biologics, and dosage form vitamins and mineral products, segregate all medicinals and drugs used for lactating dairy animals from any medicinals and drugs used for nonlactating dairy animals to include dairy calves, dairy heifers, and dairy bulls;

(4) Except for topical antiseptics, wound dressings (unless intended for direct injection into the teat), vaccines and other biologics, and dosage form vitamins and mineral products, provide separate shelves in a cabinet, refrigerator, or other storage facility for the storage of all medicinals and drugs for treatment of nonlactating dairy animals, to include dairy calves, dairy heifers, and dairy bulls, separate from those medicinals or drugs used for lactating dairy animals; and

(5) Store topical antiseptics, wound dressings (unless intended for direct injection into the teat), vaccines and other biologics, and dosage-form vitamins and mineral products in a manner that does not contaminate any milk or the milk-product surfaces of any containers or utensils;

r. Item 16r. Personnel; hand-washing facilities. Each person who holds a grade A permit to produce raw milk for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging shall provide hand-washing facilities that are convenient to the milkhouse, milking barn, stable, or parlor, and flush toilet and that include separate hot and cold running water; soap or detergent; and individual sanitary towels or other approved hand-drying devices. When individual sanitary towels are used, covered trash containers shall be provided;

s. Item 17r. Personnel; cleanliness. Each person who holds a grade A permit to produce raw milk for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging shall:

(1) Wash clean and dry with an individual sanitary towel or other approved hand drying device the person's hands immediately before milking, before performing any milkhouse function, and immediately after the interruption of milking or performing any milkhouse function; and

(2) Wear clean outer garments while milking or handling any milk, milk containers, utensils, or equipment. Bulk milk haulers shall wear clean outer garments while handling any milk, milk containers, utensils, or equipment;

t. Item 18r. Cooling. Each person who holds a grade A permit to produce raw milk for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging shall:

(1) Cool to 40°F or cooler (but not freeze), all raw milk for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging, within two hours after the grade A permit holder completes milking; and assure that the temperature of the grade A permit holder's raw milk is not warmer than 50°F after the first milking or any subsequent milking. Raw milk for pasteurization which that is warmer than a temperature of 50°F after the first milking or any subsequent milking shall be deemed a public health hazard and shall not be offered for sale or sold; and

(2) Assure that circular recording charts are operated continuously and maintained in a properly functioning manner. Circular charts shall not overlap; and

(2) (3) Agitate all raw milk for pasteurization for not less than five minutes at least once every hour; assure that the milk in the farm's bulk milk cooling or holding tank covers the agitator paddle sufficiently to facilitate proper cooling and sampling after the completion of the first milking; and abstain from selling or offering for sale milk which that does not cover the agitator paddle sufficiently to facilitate proper cooling and sampling after the completion of the first milking;

u. Item 19r. Insect and rodent control. Each person who holds a grade A permit to produce raw milk for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging shall:

(1) Take effective measures to prevent the contamination of any milk, containers, equipment, and utensils by insects, rodents, and other animals, and by chemicals used to control insects, rodents, and other animals;

(2) Maintain the milkroom free of insects, rodents and other animals;

(3) Keep the areas surrounding the: milkhouse; milking barn; milking stable; milking parlor; cattle, sheep, water buffalo, other mammal, or goat housing; cattle, sheep, water buffalo, other mammal, or goat loafing area; water supply; or other facilities on the grade A permit holder's dairy farm neat, clean, and free of conditions which that might harbor or be conducive to the breeding of insects and rodents; and

(4) Store all feed in such a manner that the feed will not attract birds, rodents, or insects.

C. Sanitation requirements for grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk or milk products.

1. Each person who holds a grade A permit to produce grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk or milk products shall comply with:

a. The following administrative procedures contained in the "Grade "A" Pasteurized Milk Ordinance, 2009 2013 Revision": Section 7., Standards for Grade "A" Pasteurized, Ultra-pasteurized and Aseptically Processed Milk and Milk Products, Items 1p, 2p, 3p, 4p, 5p, 6p, 7p, 8p, 9p, 10p, 11p, 12p, 13p, 14p, 15p, 16p, 17p, 18p, 19p, 20p, 21p, and 22p (provided in the case of milk plants or portions of milk plants that are IMS Listed to produce aseptically processed and packaged milk or milk products, the APPS or RPPS, respectively, as defined in the "Grade "A" Pasteurized Milk Ordinance, 2013 Revision," shall be exempt from Items 7p, 10p, 11p, 12p, 13p, 15p, 16p, 17p, 18p, and 19p of the "Grade "A" Pasteurized Milk Ordinance, 2013 Revision" and shall comply with the applicable portions of 21 CFR Parts 108, 110, and 113); Section 13; and Section 14;

b. The following appendices contained in the "Grade "A" Pasteurized Milk Ordinance, 2009 2013 Revision": Appendices D, F, G, H, I, J, K, L, N, O and, R, and S;

c. Item 1p. Floors; construction. Each person who holds a grade A permit to produce grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk or milk products shall:

(1) Except as specified in subdivision C 1 c (2) of this section, provide floors, for all rooms in which milk or milk products are processed, handled, packaged, or stored, or in which milk containers, equipment, or utensils are washed, constructed of concrete or other equally impervious and easily cleaned material and which that are smooth, properly sloped, provided with trapped drains, and kept in good repair;

(2) The floor in any cold-storage room used for storing milk and milk products need not be provided with floor drains if the floors are sloped to drain to one or more exits from the cold-storage room. The floor in any storage room used for storing dry ingredients or packaging materials need not be provided with drains, and the floor in any storage room used for storing dry ingredients or packaging materials may be constructed of tightly joined wood;

d. Item 2p. Walls and ceilings; construction. Each person who holds a grade A permit to produce grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk or milk products shall provide walls and ceilings of rooms in which milk or milk products are handled, processed, packaged, or stored, or in which milk containers, utensils, or equipment are washed, that have a smooth, washable, light-colored surface, and that are in good repair;

e. Item 3p. Doors and windows. Each person who holds a grade A permit to produce grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk or milk products shall provide:

(1) Effective means to prevent the access of flies insects and rodents to any part of a milk plant, receiving station, or transfer station; and

(2) Solid doors or glazed windows for all openings to the outside of any milk plant, receiving station, or transfer station and keep the doors and windows closed during dusty weather;

f. Item 4p. Lighting and ventilation. Each person who holds a grade A permit to produce grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk, or milk products shall provide rooms in which any milk or milk products are handled, processed, packaged, or stored, or in which any milk containers, equipment, or utensils are washed, that are well lighted and well ventilated;

g. Item 5p. Separate rooms. Each person who holds a grade A permit to produce grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk, or milk products shall:

(1) Provide separate rooms for: (i) pasteurizing, processing, cooling, reconstituting, condensing, drying, and packaging of milk, dry milk, and milk products; (ii) cleaning milk cans, containers, bottles, and cases, and dry milk or dry milk product containers; (iii) the fabrication of containers and closures for milk and milk products, except for aseptically processed and packaged milk and milk products, or retort processed after packaging milk and milk products in which the containers and closures are fabricated within the APPS or RPPS, respectively; (iv) cleaning and sanitizing facilities for bulk milk transport tanks if the grade A permit holder receives any milk or milk product in bulk milk transport tanks; and (v) receiving cans of milk and milk products separate from clauses (i), (ii) and (iii) of this subdivision, unless all of the grade A permit holder's milk or milk products are received in bulk milk transport tanks;

(2) Not use any room with a direct opening into any stable or room used for domestic purposes to handle, process, or store any milk or milk products or; to wash or store any milk containers, utensils, or equipment;

(3) Use rooms of sufficient size so as not to be crowded to handle, process, or store any milk or milk products or to wash or store any milk containers, utensils, or equipment; and

(4) Provide designated areas or rooms for the receiving, handling, and storage of returned packaged milk and milk products if the permit holder receives any returned packaged milk or milk products;

h. Item 6p. Toilet-sewage disposal facilities. Each person who holds a grade A permit to produce grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk, or milk products shall provide each milk plant with toilet facilities conforming with the regulations of the Commonwealth and the following requirements: no toilet room may open directly into any room in which milk or milk products are processed; the toilet room shall be completely enclosed and shall have tight-fitting, self closing doors; the dressing room, toilet room, and fixtures shall be kept in a clean condition, in good repair, and shall be well ventilated and well lighted; and sewage and other liquid wastes from the toilet room shall be disposed of in a sanitary manner;

i. Item 7p. Water supply. Each person who holds a grade A permit to produce grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk, or milk products shall:

(1) Provide water for each milk plant from a supply which that is properly located, protected, and operated; and

(2) Provide water from a supply which that is easily accessible for inspection by the State Regulatory Authority, adequate, and of a safe, sanitary quality;

j. Item 8p. Hand-washing facilities. Each person who holds a grade A permit to produce grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk, or milk products shall:

(1) Provide hand-washing facilities, including separate hot and cold running water, mix valve, soap, and individual sanitary towels or other approved hand-drying devices, convenient in any area where milk or milk products are handled, processed, or stored, and any area where containers, utensils, or equipment, are washed or stored; and

(2) Keep the hand-washing facilities clean and in good repair;

k. Item 9p. Milk plant cleanliness. Each person who holds a grade A permit to produce grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk, or milk products shall:

(1) Keep clean, neat, and free of any evidence of animals, insects, or rodents, all rooms in which milk or milk products are handled, processed, or stored or in which containers, utensils, or equipment are washed or stored; and

(2) Permit only equipment directly related to processing operations or to the handling of containers, utensils, and equipment, in pasteurizing, processing, cooling, condensing, drying, packaging, or bulk milk, or milk product storage rooms;

l. Item 10p. Sanitary piping. Each person who holds a grade A permit to produce grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk, or milk products shall:

(1) Use only sanitary piping, fittings, and connections consisting of smooth, impervious corrosion-resistant, nontoxic, easily cleanable materials that are exposed to any milk or milk products, or from which liquids may drip, drain, or be drawn into any milk or milk products;

(2) Keep all piping in good repair;

(3) Except as specified in subdivision 1 l of this subsection, use only sanitary piping to transfer any pasteurized or ultra-pasteurized milk or milk products from one piece of equipment to another piece of equipment; and

(4) Transport cottage cheese, cheese dressings, or cheese ingredients by methods which that protect the product from contamination;

m. Item 11p. Construction and repair of containers and equipment. Each person who holds a grade A permit to produce grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk, or milk products shall:

(1) Use only multiuse containers and equipment, that may come in contact with any milk or milk products constructed of smooth, impervious, corrosion-resistant, and nontoxic materials; constructed for ease of cleaning; and kept in good repair;

(2) Use only single-service containers, closures, gaskets, and other articles, that may come in contact with any milk or milk products, that are nontoxic and have been manufactured, packaged, transported, and handled in a sanitary manner;

(3) Abstain from using more than once any articles intended for single-service use; and

(4) Use only single-service containers, closures, caps, gaskets, and similar articles manufactured, packed, transported, and handled in a manner which that complies with the requirements of Appendix J, "Standards for the Fabrication of Single-Service Containers and Closures for Milk and Milk Products"; contained in the "Grade "A" Pasteurized Milk Ordinance, 2009 2013 Revision";

n. Item 12p. Cleaning and sanitizing of containers and equipment. Each person who holds a grade A permit to produce grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk, or milk products shall:

(1) Effectively clean and sanitize before each use the product-contact surfaces of all multiuse containers and equipment, utensils, and equipment used in the transportation, processing, handling, and storage of any milk or milk products;

(2) Use only multi-use multiuse containers for packaging pasteurized milk and milk products that comply with the following: (i) the residual bacteria count on multi-use multiuse containers may not exceed one per milliliter of capacity when the rinse test is used, or the residual bacteria count on multi-use multiuse containers shall not exceed 50 colonies per eight square inches (one per square centimeter) of product-contact surface, when the swab test is used; in three-out-of-four samples taken at random on a given day; and (ii) all multi-use multiuse containers shall be free of coliform organisms; and

(3) Use only single-service containers for packaging pasteurized milk and milk products that comply with the following: (i) the residual bacteria count of single-service containers shall not exceed 50 per container, when the rinse test is used, except that in containers less than 100 milliliters, the count shall not exceed 10, or the residual bacteria count of single-service containers shall not exceed 50 colonies per eight square inches (one per square centimeter) of product contact surface, when the swab test is used; in three-out-of-four samples taken at random on a given day; and (ii) all single-service containers shall be free of coliform organisms;

o. Item 13p. Storage of cleaned containers and equipment. Each person who holds a grade A permit to produce grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk, or milk products, shall after cleaning any multiuse milk or milk product containers, utensils, or equipment, transport or store the multiuse milk or milk product containers, utensils, or equipment in a manner that assures complete drainage and in a manner that protects the multiuse milk or milk product containers, utensils, or equipment from contamination before use;

p. Item 14p. Storage of single-service containers, utensils, and materials. Each person who holds a grade A permit to produce grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk, or milk products shall:

(1) Purchase all single-service caps, cap stock, parchment paper, containers, gaskets, and other single-service articles for use in contact with milk or milk products, in sanitary tubes, wrappings, or cartons;

(2) Store in a clean dry place until used, single-service caps, cap stock, parchment paper, containers, gaskets, and other single-service articles for use in contact with milk or milk products;

(3) Store single-service caps, cap stock, parchment paper, containers, gaskets, and other single-service articles for use in contact with milk or milk products in sanitary tubes, wrappings, or cartons; and

(4) Handle single-service caps, cap stock, parchment paper, containers, gaskets, and other single-service articles for use in contact with milk or milk products in a sanitary manner;

q. Item 15p. Protection from contamination. Each person who holds a grade A permit to produce grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk, or milk products shall:

(1) Locate the person's equipment and facilities and conduct milk plant operations to prevent any contamination of any milk or milk products, ingredients, equipment, containers, or utensils;

(2) Discard all milk, milk products, or ingredients which that have been spilled, overflowed, or leaked;

(3) Perform the processing and handling of products other than grade A milk and milk products in the person's milk plant to preclude the contamination of any grade A milk or milk products;

(4) Store, handle, or use any poisonous or toxic material to preclude the contamination of any milk, milk product, or ingredient, and the milk product contact surfaces of all equipment, containers, or utensils; and

(5) Clean, prior to use, all multi-use multiuse cases used to encase packaged milk or milk product containers;

r. Item 16p. Pasteurization and ultra-pasteurization. Each person who holds a grade A permit to produce grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk, or milk products shall:

(1) Perform pasteurization or ultra-pasteurization as defined in 2VAC5-490-10, and Item 16p of the "Grade "A" Pasteurized Milk Ordinance, 2013 Revision"; and

(2) Perform aseptic processing and packaging and retort processed after packaging in compliance accordance with the provisions applicable requirements of 21 CFR Part 113, 21 CFR Part Parts 108, and the Administrative Procedures of Item 16p, 16p(C), 16p(D), and 16p(E) of the "Grade "A" Pasteurized Milk Ordinance, 2009 Revision" 110, and 113;

s. Item 17p. Cooling of milk. Each person who holds a grade A permit to produce grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk, or milk products shall:

(1) Maintain all raw milk and milk products at a temperature of 45°F or cooler, but not frozen, until processed;

(2) Maintain all whey and whey products for condensing, drying, or condensing and drying at a temperature of 45°F (7°C) or cooler; or 135°F (57°C) or greater until processed, except that acid-type whey with a titratable acidity of 0.40% or above, or a pH of 4.6 or below, is exempted from these temperature requirements;

(3) Completely empty and clean the tanks and vessels used to blend and hold all milk or milk product flavoring slurries that contain milk and milk products after each four hours of operation or less if such tanks are not intended to be injected within a HTST pasteurization system as part of a liquid ingredient injection system as outlined in Appendix H of the "Grade "A" Pasteurized Milk Ordinance, 2013 Revision" or unless the slurry is stored at a temperature of 45°F (7°C) or cooler, or at a temperature of 150°F (66°C) or greater and maintained thereat;

(3) (4) Immediately cool, except for the following milk or milk products, all pasteurized or ultra-pasteurized milk or milk products prior to filling or packaging in approved cooling equipment to a temperature of 45°F or cooler, but not frozen, unless drying is commenced immediately after condensing:

(a) Those milk or milk products to be cultured;

(b) Cultured sour cream at all milkfat levels with a pH of 4.70 or below:;

(c) Acidified sour cream at all milkfat levels with a pH of 4.60 or below;

(d) All yogurt products at all milkfat levels with an initial pH of 4.80 or below at filling;

(e) Cultured buttermilk at all milkfat levels with a pH of 4.60 or below; and

(f) All condensed whey and whey products shall be cooled during the crystallization process to 50°F (10°C) or less within 72 hours of condensing, including the filling and emptying time, unless filling occurs above 135°F (57°C), in which case, the 72 hour time period begins when cooling started; and

(g) All cultured cottage cheese at all milkfat levels with a pH of 5.2 or below shall be cooled as per specifications of Item 17p (6a-6e) of the "Grade "A" Pasteurized Milk Ordinance, 2013 Revision";

(4) (5) Store, transport, and deliver at a temperature of 45°F or cooler, but not frozen, all pasteurized or ultra-pasteurized milk or milk products with the following exceptions:

(a) Cultured sour cream at all milkfat levels with a pH of 4.70 or below shall be cooled to 45°F (7°C) or cooler within 168 hours of filling;

(b) Acidified sour cream at all milkfat levels with a pH of 4.60 or below shall be cooled to 45°F (7°C) or cooler within 168 hours of filling;

(c) All yogurt products at all milkfat levels with an initial pH of 4.80 or below at filling and with a subsequent pH of 4.60 or below within 24 hours after filling shall be cooled to 45°F (7°C) or cooler within 96 hours after filling; and

(d) Cultured buttermilk at all milkfat levels with a pH of 4.60 or below shall be cooled to 45°F (7°C) or cooler within 24 hours after filling; and

(e) Cultured cottage cheese at all milkfat levels with a pH of 5.2 or below shall be stored as per specifications of item 17p (5a-5d) of the "Grade "A" Pasteurized Milk Ordinance, 2013 Revision";

(5) (6) Store all pasteurized milk and milk products to be condensed, dried, or condensed and dried at a temperature of 50°F (10°C) or cooler until further processed;

(6) (7) Equip with an accurate indicating thermometer each of the rooms or tanks in which any milk, milk products, whey, or whey products are stored; and

(7) (8) Maintain the temperature on delivery vehicles of milk and milk products at 45°F (7°C) or cooler. Aseptically processed and packaged milk and milk products and retort processed after packaged milk and milk products to be packaged in hermetically sealed containers shall be exempt from the cooling requirements of this item; and

(9) Provide ready access at the plant to cleaning records and product storage temperature records stored electronically for review by the State Regulatory Authority. Electronic records of cleaning shall comply with the applicable provisions of Appendix H, Sections IV and V of the "Grade "A" Pasteurized Milk Ordinance, 2009 2013 Revision";

t. Item 18p. Bottling and packaging. Each person who holds a grade A permit to produce grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk, or milk products shall:

(1) Bottle or package all milk or milk products at the place of pasteurization in the grade A permit holder's milk plant and in approved mechanical equipment;

(2) Package and store in a sanitary manner all dry milk products in new containers, which protect the contents from contamination; and

(3) Transport and store in a sanitary manner all condensed and dry milk products in sealed containers from one milk plant to another milk plant for further processing or packaging;

u. Item 19p. Capping. Each person who holds a grade A permit to produce grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk, or milk products shall:

(1) Cap or close all milk or milk product containers in a sanitary manner by use of approved mechanical capping or closing and sealing equipment; and

(2) Use only caps or closures for all milk or milk products, which that protect the pouring lip of a milk or milk product container to at least its largest diameter and, use with respect to fluid product containers, only caps or closures that the removal of the cap or closure cannot be made without detection;

v. Item 20p. Personnel; cleanliness. No person who holds a grade A permit to produce grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk, or milk products shall:

(1) Permit any person in a milk plant to commence any plant function before the person has thoroughly washed the person's hands to remove soil and contamination or to permit any person in a milk plant to continue any plant function if the person's hands are not clean;

(2) Permit any person in a milk plant to resume work after the person has visited the toilet room before the person has thoroughly washed the person's hands;

(3) Permit any person in a milk plant to engage in the processing, pasteurization, handling, storage, or transportation of any milk, milk products, containers, equipment or utensils, unless the person is wearing clean outer garments;

(4) Permit any person in a milk plant, to engage in the processing of any milk or milk products unless the person wears adequate hair covering; or

(5) Permit any person in a milk plant, to engage in the processing of any milk or milk products if the person is using tobacco;

w. Item 21p. Vehicles. Each person who holds a grade A permit to produce grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk, or milk products shall use vehicles to transport pasteurized and ultra-pasteurized milk and milk products that are constructed and operated so that the milk or milk products are maintained at a temperature of 45°F or cooler, but not frozen, and protected from sunlight, from freezing, and from contamination;

x. Item 22p. Surroundings. Each person who holds a grade A permit to produce grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk, or milk products shall keep neat, clean, and free from conditions which that might attract or harbor flies, other insects, rodents, or which other pests that otherwise constitute a nuisance, the area surrounding any milk plant;

y. Each grade A permit holder's receiving station shall comply with subdivisions C 1 a through q of this section, inclusive, and subdivisions C 1, s, v, and x of this section, except that the partitioning requirement of subdivision C 1 g of this section shall not be deemed to apply;

z. Each grade A permit holder's transfer station shall comply with subdivisions C 1 c, f, h through n, p, q, s, v, and x of this section;, and as climatic and operating conditions require, the provisions of subdivisions C 1 d and e of this section; except that each person shall provide overhead protection for a transfer station; and

a1. Each grade A permit holder's facilities for the cleaning and sanitizing of bulk tanks which that transport milk and milk products shall comply with subdivisions C 1 a, f, h through n, p, q, v, and x of this section;, and as climatic and operating conditions require, the provisions of subdivisions C 1 d and e of this section except that each grade A permit holder shall provide overhead protection for facilities for the cleaning and sanitizing of bulk tanks which transport milk and milk products in the grade A permit holder's milk plant, receiving station, or transfer station.

D. Minimum facilities requirements for milk processing plant. Each person who holds a grade A permit to produce grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaging milk or milk products shall:

1. Provide a separate receiving room meeting the requirements of subdivision C 1 y of this section from any other area of the plant for the receipt of milk or milk products in bulk if the plant receives any milk or milk products in bulk;

2. Provide cleaning and sanitizing facilities for milk tank trucks as part of the plant's receiving room facilities if the plant receives any milk or milk products in bulk;

3. Provide a separate receiving room from any other area of the plant for the receipt of milk or milk product in cans or other containers if the plant receives any milk or milk product in cans or other containers;

4. Provide a separate room from any other area of the plant for the cleaning of milk cans or containers, bottles, milk cases, and dry milk or milk product containers if the plant receives any milk in cans or containers or washes any bottles, milk cases, or dry milk or milk product containers;

5. Provide a separate room for the fabrication of containers and closures for milk and milk products if the plant fabricates any containers or closures;

6. Provide a separate room for the packaging of dry milk or milk products if the plant packages any dry milk or milk product; and

7. Provide separate rooms from any other area of the plant for each of the following operations performed on any milk, milk product, or condensed and dry milk product: (i) pasteurization; (ii) processing; (iii) cooling; (iv) reconstitution; (v) condensing; (vi) drying; and (vii) packaging, if the operation is performed in the plant.

Part VII
Animal Health

2VAC5-490-60. Animal health.

A. No person may produce, provide, manufacture sell, offer for sale, store in the Commonwealth, or, bring, send, or receive into the Commonwealth any milk, milk product, or condensed and dry milk product for use in the commercial preparation of grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk or milk product unless the person complies with the following requirements:

1. Milk for pasteurization or, ultra-pasteurization or, aseptic processing and packaging, or retort processed after packaging from cows, goats, sheep, water buffalo, and other mammals shall (i) be from a herd or flock that complies with the "Uniform Methods and Rules; Bovine "Bovine Tuberculosis Eradication-effective ": Uniform Methods and Rules, effective January 1, 2005," 9 CFR Part 77, and each herd or flock shall be located in a Modified Accredited Advanced Tuberculosis Area or an Area Accredited Free of Bovine Tuberculosis as defined in "Uniform Methods and Rules; Bovine "Bovine Tuberculosis Eradication-effective ": Uniform Methods and Rules, effective January 1, 2005," and certified; (ii) be accredited as a tuberculosis-free herd by the U.S. Department of Agriculture or shall; (iii) have passed an annual tuberculosis test; or (iv) be located in an area that has established a tuberculosis testing protocol for livestock that assures tuberculosis protection and surveillance of the dairy industry within the area and that is approved by FDA, USDA, and the State Regulatory Authority;

2. Milk for pasteurization or, ultra-pasteurization or, aseptic processing and packaging, or retort processed after packaging from bison and cattle shall be from a herd that complies with "Uniform Methods and Rules; Brucellosis "Brucellosis Eradication-effective: Uniform Methods and Rules, effective October 1, 2003," 9 CFR Part 78, and the following:

a. Each herd shall be located in a Certified Brucellosis-Free Area or a Modified Certified Brucellosis Area as defined in "Uniform Methods and Rules; Brucellosis "Brucellosis Eradication-effective: Uniform Methods and Rules, effective October 1, 2003," and or shall be a certified brucellosis-free herd by the United States Department of Agriculture and enrolled in a testing program for the Certified Brucellosis-Free Area or the Modified Certified Brucellosis Area;

b. Each herd shall meet the requirements for an individually certified herd as defined in "Uniform Methods and Rules; Brucellosis "Brucellosis Eradication-effective: Uniform Methods and Rules, effective October 1, 2003";

c. Each herd shall participate in a milk ring testing program meeting the requirements specified in "Uniform Methods and Rules; Brucellosis "Brucellosis Eradication-effective: Uniform Methods and Rules, effective October 1, 2003," in an area that conducts a milk ring testing program at least two times per year at approximately equal intervals, and any herd with a positive milk ring test result shall be blood tested within 30 days from the date of the positive milk ring test; or

d. Each cow, bull, heifer, calf, and bison in the herd shall be individually tested by an "official" blood test as defined in "Uniform Methods and Rules; Brucellosis "Brucellosis Eradication" for the detection of brucellosis annually;

3. Goat's milk, sheep's milk, water buffalo milk, and milk from other mammals (except bison and cattle) for pasteurization or, ultra-pasteurization or, aseptic processing and packaging, or retort processed after packaging shall be from a herd or flock which that:

a. Has an annual whole-herd brucellosis test as recommended by the State Veterinarian or USDA Area Veterinarian in Charge;

b. Has passed an initial whole herd or flock brucellosis test, followed by the testing of all replacement animals or any animals entering the milking group or sold as dairy animals on a continuing basis;

c. Has passed an annual random blood-testing program sufficient to provide a confidence level of 99% with a P value of 0.05. Any herd or flock with one or more confirmed positive animals shall go to 100% testing until the whole herd tests show no positive animals are found. The following table provides the random sampling size needed to achieve a 99% confidence with a P value of 0.05:

Herd/Flock Size

Sampling Size

Herd/Flock Size

Sampling Size

20

20

500

82

50

41

600

83

100

59

700

84

150

67

800

85

200

72

1000

86

250

75

1400

87

300

77

1800

88

350

79

4000

89

400

80

10000

89

450

81

100000

90

; or

d. Has passed a USDA-approved bulk milk brucellosis test certified for use in each species of mammal and at the USDA-recommended frequency for testing with an implementation date based on the availability of the test; and

4. For diseases of cows, sheep, goats, water buffalo, or other mammals which that might affect human health, other than brucellosis and tuberculosis, the State Regulatory Authority may require physical, chemical, or bacteriological examinations or other tests as may be deemed necessary by a licensed veterinarian or a veterinarian in the employ of the State Regulatory Authority to diagnose the disease. Each grade A permit holder shall dispose of any diseased animal disclosed by testing in a manner which that prevents the spread of the disease to other animals or humans.

B. Each grade A dairy farm permit holder shall test his whole herd of milking mammals for brucellosis using a test method acceptable to a licensed veterinarian or a veterinarian in the employ of the State Regulatory Authority within 30 days after each positive screening test result on a milk ring test.

Part VIII
Milk and Milk Products Which that May Be Sold

2VAC5-490-70. Milk or milk products which that may be sold.

A. Except as specified in subsection B of this section from and after September 10, 1993, a person may sell, offer for sale, or expose for sale in the Commonwealth only grade A pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk or milk products to the final consumer, or to restaurants, soda fountains, and grocery stores or similar establishments, provided only grade A milk and milk products shall be sold to milk plants for use in the commercial preparation of grade A milk and milk products.

B. No person may sell, offer for sale, or expose for sale in the Commonwealth any pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk or milk products which that have not been graded or the grade of which is not known to the final consumer, or to restaurants, soda fountains, and grocery stores or similar establishments unless the Commissioner of Agriculture and Consumer Services makes a finding in writing (which the Commissioner of Agriculture and Consumer Services may renew for terms not to exceed 90 days per term, without limitation) that the supply of grade A raw milk for pasteurization, ultra-pasteurization, or aseptic processing and packaging, or retort processed after packaging is not adequate to meet the nutritional needs of any person who secures milk in Virginia; or the supply of pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk or milk product at retail is not available for purchase by any person who secures milk in Virginia.

C. No person may sell, offer for sale or, expose for sale in, or possess in the Commonwealth any pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged milk or milk products under the provision of subsection B of this section unless the milk or milk product is labeled "ungraded."

2VAC5-490-73. Mandatory pasteurization for all milk, milk products, condensed milk, condensed milk products, aseptically processed and packaged milk and milk products, retort processed after packaged milk and milk products, dry milk, and dry milk products in final package form intended for direct human consumption.

No person shall sell or hold with intent to sell or offer to sell in intrastate commerce any milk, milk product, condensed milk, condensed milk product, aseptically processed and packaged milk and milk products, retort processed after packaged milk and milk products, dry milk, or dry milk product in final package form for direct human consumption unless the product has been pasteurized or is made from milk, milk product, condensed milk, condensed milk product, aseptically processed and packaged milk and milk products, retort processed after packaged milk and milk products, dry milk, or dry milk product that has all been pasteurized, except where alternative procedures to pasteurization are provided for under 21 CFR Part 133 for curing of certain cheese varieties.

2VAC5-490-90. Milk and milk products from beyond the limits of routine inspection.

No person may provide, sell, offer for sale, or, store in the Commonwealth or, bring, send, or receive, in the Commonwealth any condensed milk, condensed milk product, aseptically processed and packaged milk or milk products, retort processed after packaged milk or milk products, dry milk, dry milk product, or milk or milk product from outside the Commonwealth unless the condensed milk, condensed milk product, aseptically processed and packaged milk or milk products, retort processed after packaged milk or milk products, dry milk, dry milk product, or milk or milk products are produced and pasteurized, ultra-pasteurized, or aseptically processed and packaged, or retort processed after packaged under regulations which that are substantially equivalent to this chapter and the supply of the milk and the milk plant that produced the condensed milk, condensed milk product, aseptically processed and packaged milk or milk products, retort processed after packaged milk or milk products, dry milk, dry milk product, or milk or milk product has been awarded a milk sanitation compliance rating of at least 90 and an enforcement compliance rating of at least 90, or awarded an acceptable HACCP listing made by a state milk sanitation listing officer certified by the United States Public Health Service. The State Regulatory Authority may impound any condensed milk, condensed milk product, aseptically processed and packaged milk or milk products, retort processed after packaged milk or milk products, dry milk, dry milk product, or milk or milk product within the Commonwealth of Virginia if it does not comply with the requirements of this section.

2VAC5-490-100. Construction plans for dairy farms and milk plants.

No grade A permit holder may construct, reconstruct, or modify a milkhouse, milking barn, stable, or parlor, milk tank truck cleaning facility, transfer station, receiving station, or milk plant regulated under this chapter without submitting to the State Regulatory Authority written plans for review and approval before construction work is begun.

Part XI
Voluntary HACCP Program

Article 1
Program Participation

2VAC5-490-131. HACCP program participation voluntary.

A. Participation in the HACCP program is voluntary for each person who operates a dairy plant, receiving station, or transfer station and the State Regulatory Authority responsible for the permitting and auditing of each person's dairy plant, receiving station, or transfer station. No person operating a milk plant, receiving station, or transfer station may participate in the voluntary HACCP program unless the State Regulatory Agency responsible for the permitting and auditing of each person's dairy plant agrees to participate in the voluntary HACCP program, also.

B. Each person volunteering to operate his milk plant, receiving station, or transfer station under the voluntary HACCP program shall provide a written commitment to the State Regulatory Authority responsible for his milk plant, receiving station, or transfer station that he will supply the necessary resources to support participation in the voluntary HACCP program.

C. Each State Regulatory Authority volunteering to participate in the voluntary HACCP program shall provide a written commitment to the person requesting to operate a milk plant, receiving station, or transfer station under the voluntary HACCP program that the State Regulatory Authority will supply the necessary resources to support participation in the voluntary HACCP program.

D. Each person operating a milk plant, receiving station, or transfer station and participating in the voluntary HACCP program shall have a minimum of 60 days of HACCP System system records prior to a HACCP listing audit. Each milk plant, receiving station, or transfer station shall be inspected and permitted initially by the State Regulatory Authority and shall be regulated initially under the requirements of this chapter without taking into consideration the provisions of this part until the State Regulatory Authority conducts an acceptable HACCP listing audit documenting the successful implementation of a fully functioning HACCP System system in the person's milk plant, receiving station, or transfer station.

E. Each person operating a milk plant, receiving station, or transfer station and participating in the voluntary HACCP program shall:

1. Comply with all of the provisions applicable to the voluntary HACCP program contained in the "Grade "A" Pasteurized Milk Ordinance, 2013 Revision" to include:

a. Section 7, Standards for grade "A" milk and milk products;

b. Item Items 16p, Pasteurization and aseptic processing 16p(A), 16p(B), 16p(C), and 16p(D);

c. Item 16p(E), Pasteurization and aseptic processing records, equipment tests and examinations;

d. Section 13, Personnel health;

e. d. Section 14, Procedure when infection or high risk of personnel health;

f. e. Appendix H, Pasteurization Equipment and procedures;

g. f. Appendix I, Pasteurization equipment and controls tests;

h. g. Appendix K, HACCP Program; and

i. h. Appendix R, Determination of Time/Temperature Control for Safety of Milk and Milk Products contained in the "Grade "A" Pasteurized Milk Ordinance, 2009 Revision"; and

i. Appendix S.

2. Prepare their HACCP Plan plan based on the following HACCP principles:

a. Conduct a hazard analysis;

b. Determine the critical control points;

c. Establish critical limits;

d. Establish monitoring procedures;

e. Establish corrective actions;

f. Establish verification procedures; and

g. Establish recordkeeping and documentation procedures;

3. Prior to the implementation of a HACCP Plan plan develop, document, and successfully implement written prerequisite programs which that provide the basic environment and operating conditions that are necessary for the production of safe, wholesome food.

Article 2
Implementation of a HACCP System

2VAC5-490-132. Prerequisite programs.

A. Each person operating a milk plant, receiving station, or transfer station and participating in the voluntary HACCP program shall:

1. Provide complete, up-to-date process flow diagrams for all grade A milk, milk products, condensed milk, condensed milk products, dry milk, or dry milk products prior to developing the HACCP plan;

2. Provide a brief written description or checklist for each prerequisite program that can be audited against to endure compliance. Each prerequisite program shall include procedures that can be monitored, records that specify what is monitored, and how often it will be monitored,;

3. Develop and implement prerequisite programs that address conditions and practices before, during, and after processing;

4. Develop and implement prerequisite programs that address:

a. Safety of the water that comes into contact with milk, milk products, condensed milk, condensed milk products, dry milk, dry milk products, or product-contact surfaces, including steam and ice;

b. Condition and cleanliness of equipment product-contact surfaces;

c. Prevention of cross-contamination from unsanitary objects and or practices to milk, milk products, condensed milk, condensed milk products, dry milk, dry milk products, or product-contact surfaces, packaging material, and other food-contact surfaces, including utensils, gloves, outer garments, etc etc., and from raw product to processed product;

d. Maintenance of hand washing, hand sanitizing, and toilet facilities;

e. Protection of milk, milk products, condensed milk, condensed milk products, dry milk, dry milk products, packaging material, and product-contact surfaces from adulteration with lubricants, fuel, pesticides, cleaning compounds, sanitizing agents, condensate, and other chemical, physical, and biological contaminates;

f. Proper labeling, storage, and use of toxic compounds;

g. Control of employee health conditions, including employee exposure to high risk situations, that could result in the microbiological contamination of milk, milk products, condensed milk, condensed milk products, dry milk, dry milk products, packaging materials, and product-contact surfaces; and

h. Pest exclusion from the milk plant, receiving station, or transfer station;

5. In addition to the required prerequisite programs specified in this section, any other prerequisite programs that are being relied upon in the hazard analysis to reduce the likelihood of hazards such that they are not reasonably likely to occur shall also be monitored, audited, and documented as required prerequisite programs.; and

6. Comply with the requirements of Appendix K of the "Grade "A" Pasteurized Milk Ordinance, 2013 Revision."

B. Each person operating a milk plant, receiving station, or transfer station and participating in the voluntary HACCP program shall:

1. Monitor the conditions and practices of all required prerequisite programs with sufficient frequency to ensure conformance with those conditions and that are appropriate both to the milk plant, receiving station, or transfer station and to the safety of the milk, milk products, condensed milk, condensed milk products, dry milk, or dry milk products being processed;

2. Document the correction of those conditions and practices that are not in conformance with all prerequisite programs;

3. Determine the frequency of calibration for indicating thermometers, recording thermometers, and other devices used to monitor prerequisite programs and ensure that they are properly calibrated to assure accuracy at the determined frequency; and

4. Maintain records that document the monitoring and corrections required by their prerequisite programs for review by the State Regulatory Authority.

2VAC5-490-136. Verification and validation.

A. Each person operating a milk plant, receiving station, or transfer station and participating in the voluntary HACCP program shall verify that the HACCP system is being implemented according to design, except that critical factors for aseptically processed and packaged grade A milk and milk products, as determined by the process authority and listed on the scheduled process under 21 CFR Part 113 shall be managed separately from the voluntary HACCP program, even if identified as a Critical Control Point critical control point in the hazard analysis. Critical factors identified in the scheduled process shall be monitored under the operating supervision of an individual who has successfully completed an approved course of instruction in low-acid canned foods as required by 21 CFR 108.35.

B. Each person operating a milk plant, receiving station or transfer station and participating in the voluntary HACCP program shall include in their verification activities:

1. The calibration of Critical Control Point critical control point process-monitoring instruments;

2. At the option of the person operating a milk plant, receiving station, or transfer station, the performance of periodic end-product or in-process testing;

3. A review, including signing and dating, by an individual who has been trained in accordance with the training requirements of this chapter, of the records that document:

a. The monitoring of Critical Control Points critical control points;

b. The taking of corrective action; and

c. The calibrating of any process monitoring instruments used at Critical Control Points critical control points and the performance of any periodic end-product or in-process testing that is part of HACCP Plan plan verification activities;

4. The taking of corrective action procedures whenever any verification procedure establishes the need to take a corrective action; and

5. The calibration of Critical Control Point critical control point process-monitoring instruments, and the performance of any periodic end-product and in-process testing, in accordance with subdivisions 3 a and b of this subsection, shall be documented in records and maintained as required by this chapter.

C. Each person operating a milk plant, receiving station, or transfer station and participating in the voluntary HACCP program shall:

1. Validate that the HACCP plan is adequate to control hazards that are reasonably likely to occur at least once within 12 months after implementation of the HACCP system and annually thereafter or whenever any changes in the process occur that could affect the hazard analysis or alter the HACCP plan;

2. Ensure the validation is performed by a qualified individual or individuals trained in accordance with the requirements of this chapter;

3. Ensure the validation is documented and the records maintained as required by this chapter; and

4. Ensure the HACCP plan is modified immediately whenever a validation reveals that the HACCP plan is no longer adequate.

D. Whenever a milk plant, receiving station, or transfer station does not have a HACCP plan, because a hazard analysis has revealed no hazards that are reasonable likely to occur, the person operating the milk plant, receiving station, or transfer station and participating in the voluntary HACCP program shall reassess the adequacy of the hazard analysis whenever there are any changes in the process that could reasonably affect whether a hazard exists.

2VAC5-490-138. Training.

Each person operating a milk plant, receiving station, or transfer station and participating in the voluntary HACCP program shall ensure that each person who is responsible for: (i) developing a hazard analysis; (ii) delineating control measures; (iii) developing a HACCP plan that is appropriate for the specific milk plant, receiving station, or transfer station; (iv) validating and modifying the HACCP plan; or (v) performing required HACCP plan record reviews has received basic HACCP training and an orientation to the HACCP requirements contained in Appendix K of the "Grade "A" Pasteurized Milk Ordinance, 2009 2013 Revision."

Part XII
Interpretation and Enforcement

2VAC5-490-140. Interpretation and enforcement.

A. This chapter is based on the "Grade "A" Pasteurized Milk Ordinance, 2009 2013 Revision." Except as otherwise provided in this chapter, the provisions of this chapter shall be interpreted in a manner consistent with interpretations accorded the "Grade "A" Pasteurized Milk Ordinance, 2009 2013 Revision."

B. The administrative procedures used to conduct case decisions under this chapter shall conform to the provisions of the Virginia Administrative Process Act 2.2-4000 et seq. of the Code of Virginia).

C. The State Regulatory Authority shall comply with the following administrative procedures when summarily suspending a grade A permit as specified in 2VAC5-490-31 B:

1. The State Regulatory Authority shall serve upon the grade A permit holder a written notice of suspension. The written notice of suspension shall specify the violations in question and inform the grade A permit holder of the right to appear before the State Regulatory Authority in person, by counsel, or by other qualified representative at a fact-finding conference for the informal presentation of factual data, arguments, and proof to appeal this determination of violation;

2. Upon receipt of written application from any person whose grade A permit has been summarily suspended (within 30 days after the effective date of the summary suspension) the State Regulatory Authority shall within seven days after the date of receipt by the State Regulatory Authority of a written application from any person whose grade A permit has been summarily suspended proceed to hold an informal fact-finding conference to ascertain the facts of the violations in question and upon evidence presented at the informal fact-finding conference shall affirm, modify, or rescind the summary suspension;

3. The State Regulatory Authority shall, unless the parties consent, ascertain the fact basis for their decisions of cases through informal conference proceedings. Such conference proceedings include the rights of parties to the case to have reasonable notice thereof, to appear in person or by counsel or other qualified representative before the State Regulatory Authority for the informal presentation of factual data, argument, or proof in connection with any case, to have notice of any contrary fact basis or information in the possession of the agency which that can be relied upon in making an adverse decision, to receive a prompt decision of any application for license, benefit, or renewal thereof, and to be informed, briefly and generally in writing, of the factual or procedural basis for an adverse decision in any case;

4. No person whose grade A permit has been summarily suspended may be granted an informal fact-finding conference by the State Regulatory Authority unless the State Regulatory Authority receives the person's written application within 30 days after the effective date of the summary suspension;

5. From any adverse decision of an informal fact-finding conference, the grade A permit holder may request a formal hearing under § 2.2-4020 of the Code of Virginia by writing the Program Manager of the Office of Dairy and Foods within 30 days stating the request and by providing the State Regulatory Authority with a statement of the issues in dispute. If the request for a formal conference is denied, the State Regulatory Authority shall notify the grade A permit holder in writing and further may affirm or modify the decision of the informal fact-finding conference; and

6. If a formal fact-finding conference is denied, the State Regulatory Authority shall notify the grade A permit holder of the right to file an appeal in the circuit court.

NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.

[ FORMS (2VAC5-490)

Dairy Farm Inspection Report, ODF-DS-102 (rev. 2/06)

Application for a Dairy Farm Permit, ODF-DS-100 (rev. 6/12) ]

DOCUMENTS INCORPORATED BY REFERENCE (2VAC5-490)

Drug Residue Test Methods for Confirmation of Presumptive Positive Results and Initial Producer Trace Back, M-I-96-10 (Revision #7), January 4, 2010 published by the Food and Drug Administration, Dairy and Egg Branch (HFS 316), 5100 Paint Branch Parkway, College Park, MD 20740-3835.

Evaluation of Milk Laboratories, 2009 Revision, published by the Food and Drug Administration Laboratory Proficiency and Evaluation Team, HFH-450, 6502 South Archer Road, Summit-Argo, Illinois 60501.

Grade "A" Pasteurized Milk Ordinance, 2009 Revision, published by the Food and Drug Administration, Milk Safety Branch (HFS-626), 5100 Paint Branch Parkway, College Park, MD 20740-3835.

Official Methods of Analysis of the Association of AOAC International, 18th Edition, 2005, published by the Association of Official Analytical Chemists International, 481 North Frederick Avenue, Suite 500, Gaithersburg, Maryland 20877-2417.

Uniform Methods and Rules: Brucellosis Eradication - effective October 1, 2003, available from U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services, Federal center Building, Hyattsville, Maryland 20782 or Federal Veterinarian in Charge, USDA/APHIS-VS, Virginia Area Office, 7th Floor, Federal Building, 400 N. 8th Street, Richmond, Virginia 23240.

Uniform Methods and Rules: Bovine Tuberculosis Eradication - effective January 1, 2005, available from U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services, federal Center Building, Hyattsville, Maryland 20782 or Federal Veterinarian in Charge, USDA/APHIS-VS, Virginia Area Office, 7th Floor, Federal Building, 400 N. 8th Street, Richmond, Virginia 23240.

Bovine Tuberculosis Eradication: Uniform Methods and Rules, effective January 1, 2005, available from U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services, Federal Center Building, Hyattsville, Maryland 20782, or Assistant District Director, USDA/APHIS-VS, Virginia Area Office, 7th Floor, Federal Building, 400 North 8th Street, Richmond, Virginia 23240

Brucellosis Eradication: Uniform Methods and Rules, effective October 1, 2003, available from U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services, Federal Center Building, Hyattsville, Maryland 20782, or Assistant District Director, USDA/APHIS-VS, Virginia Area Office, 7th Floor, Federal Building, 400 North 8th Street, Richmond, Virginia 23240

Drug Residue Test Methods for Confirmation of Presumptive Positive Results and Initial Producer Trace Back, M-I-96-10 (Revision #8), March 22, 2012, published by the Food and Drug Administration, Dairy and Egg Branch (HFS 316), 5100 Paint Branch Parkway, College Park, Maryland 20740-3835

Evaluation of Milk Laboratories, 2011 Revision, published by the Food and Drug Administration Laboratory Proficiency and Evaluation Team, HFH-450, 6502 South Archer Road, Bedford Park, Illinois 60501

Grade "A" Pasteurized Milk Ordinance, 2013 Revision, published by the Food and Drug Administration, Milk Safety Branch (HFS-626), 5100 Paint Branch Parkway, College Park, Maryland 20740-3835

Official Grade "A" Pasteurized Milk Ordinance Regulatory Laboratory Tests for Grade "A" Milk and Milk Products and Grade "A" Dairy Farm and Milk Plant Water, "M-a-98", March 1, 2013

Official Methods of Analysis of [ the Association of ] AOAC International, 19th Edition, 2012, published by [ the Association of Official Analytical Chemists AOAC ] International, 481 North Frederick Avenue, Suite 500, Gaithersburg, Maryland 20877-2417

VA.R. Doc. No. R14-4028; Filed January 21, 2015, 10:23 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Emergency Regulation

Title of Regulation: 4VAC20-450. Pertaining to the Taking of Bluefish (amending 4VAC20-450-30).

Statutory Authority: §§ 28.2-201 and 28.2-210 of the Code of Virginia.

Effective Dates: January 28, 2015, through February 26, 2015.

Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email betty.warren@mrc.virginia.gov.

Preamble:

The amendments establish the annual commercial bluefish quota as 608,230 pounds.

4VAC20-450-30. Commercial landings quota.

A. During the period of January 1 through December 31, The annual commercial landings of bluefish shall be limited to 886,040 608,230 pounds in 2014.

B. When it is projected that 95% of the commercial landings quota has been realized, a notice will be posted to close commercial harvest and landings from the bluefish fishery within five days of posting.

C. It shall be unlawful for any person to harvest or land bluefish for commercial purposes after the closure date set forth in the notice described in subsection B of this section.

VA.R. Doc. No. R15-4271; Filed January 28, 2015, 1:32 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation

REGISTRAR'S NOTICE: The Marine Resources Commission is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia; however, the commission is required to publish the full text of final regulations.

Title of Regulation: 4VAC20-950. Pertaining to Black Sea Bass (amending 4VAC20-950-47).

Statutory Authority: § 28.2-201 of the Code of Virginia.

Effective Date: January 31, 2015.

Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email betty.warren@mrc.virginia.gov.

Summary:

The amendments establish the annual commercial black sea bass directed fishery quota as 402,584 pounds and the annual commercial black sea bass bycatch fishery quota as 40,000 pounds.

4VAC20-950-47. Commercial harvest quotas.

A. The 2014 annual commercial black sea bass directed fishery quota is 394,000 402,584 pounds. When it has been announced that the directed fishery quota has been projected as reached and the directed fishery has been closed, it shall be unlawful for any directed commercial black sea bass fishery permittee to possess aboard any vessel or land in Virginia any black sea bass.

B. The 2014 annual commercial black sea bass bycatch fishery quota is 40,000 pounds. When it has been announced that the bycatch fishery quota has been projected as reached and the bycatch fishery has been closed, it shall be unlawful for any bycatch commercial black sea bass fishery permittee to possess aboard any vessel or land in Virginia any black sea bass. In the event the bycatch fishery quota is exceeded, the amount of the quota overage shall be deducted from the following year's bycatch fishing quota.

VA.R. Doc. No. R15-4270; Filed January 28, 2015, 2:17 p.m.
TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD
Final Regulation

REGISTRAR'S NOTICE: The following regulatory action is exempt from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 c of the Code of Virginia, which excludes regulations that are necessary to meet the requirements of federal law or regulations provided such regulations do not differ materially from those required by federal law or regulation. The State Air Pollution Control Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Titles of Regulations: 9VAC5-50. New and Modified Stationary Sources (Rev. H14) (amending 9VAC5-50-400, 9VAC5-50-410).

9VAC5-60. Hazardous Air Pollutant Sources (Rev. H14) (amending 9VAC5-60-60, 9VAC5-60-90).

Statutory Authority: § 10.1-1308 of the Code of Virginia; § 112 of the Clean Air Act; 40 CFR Parts 61 and 63.

Effective Date: March 11, 2015.

Agency Contact: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 698-4510, or email karen.sabasteanski@deq.virginia.gov.

Summary:

The amendments update state regulations that incorporate by reference certain federal regulations to reflect the Code of Federal Regulations as published on July 1, 2014. The new standards that are being incorporated into the regulations by reference are:

1. One new NSPS is being added: Subpart BBa, Kraft Pulp Mill Affected Sources for which Construction, Reconstruction, or Modification Commenced after May 23, 2013 (40 CFR 60.60.280a through 40 CFR 60.288a). The date of the Code of Federal Regulations book being incorporated by reference is being updated to the latest version.

2. No new NESHAPs are being incorporated. The date of the Code of Federal Regulations book being incorporated by reference is being updated to the latest version.

3. No new MACTs are being incorporated. The date of the Code of Federal Regulations book being incorporated by reference is being updated to the latest version.

Article 5
Environmental Protection Agency Standards of Performance for New Stationary Sources (Rule 5-5)

9VAC5-50-400. General.

The U.S. Environmental Protection Agency Regulations on Standards of Performance for New Stationary Sources (NSPSs), as promulgated in 40 CFR Part 60 and designated in 9VAC5-50-410 are, unless indicated otherwise, incorporated by reference into the regulations of the board as amended by the word or phrase substitutions given in 9VAC5-50-420. The complete text of the subparts in 9VAC5-50-410 incorporated herein by reference is contained in 40 CFR Part 60. The 40 CFR section numbers appearing under each subpart in 9VAC5-50-410 identify the specific provisions of the subpart incorporated by reference. The specific version of the provision adopted by reference shall be that contained in the CFR (2013) (2014) in effect July 1, 2013 2014. In making reference to the Code of Federal Regulations, 40 CFR Part 60 means Part 60 of Title 40 of the Code of Federal Regulations; 40 CFR 60.1 means 60.1 in Part 60 of Title 40 of the Code of Federal Regulations.

9VAC5-50-410. Designated standards of performance.

Subpart A - General Provisions.

40 CFR 60.1 through 40 CFR 60.3, 40 CFR 60.7, 40 CFR 60.8, 40 CFR 60.11 through 40 CFR 60.15, 40 CFR 60.18 through 40 CFR 60.19

(applicability, definitions, units and abbreviations, notification and recordkeeping, performance tests, compliance, circumvention, monitoring requirements, modification, reconstruction, general control device requirements, and general notification and reporting requirements)

Subpart B - Not applicable.

Subpart C - Not applicable.

Subpart Ca - Reserved.

Subpart Cb - Not applicable.

Subpart Cc - Not applicable.

Subpart Cd - Not applicable.

Subpart Ce - Not applicable.

Subpart D - Fossil Fuel-Fired Steam Generators.

40 CFR 60.40 through 40 CFR 60.46

(fossil fuel-fired steam generating units of more than 250 million Btu per hour heat input rate, and fossil fuel-fired and wood residue-fired steam generating units capable of firing fossil fuel at a heat input rate of more than 250 million Btu per hour)

Subpart Da - Electric Utility Steam Generating Units.

40 CFR 60.40Da through 40 CFR 60.52Da

(electric utility steam generating units capable of combusting more than 250 million Btu per hour heat input of fossil fuel (either alone or in combination with any other fuel), and for which construction, reconstruction, or modification is commenced after September 18, 1978)

Subpart Db - Industrial-Commercial-Institutional Steam Generating Units.

40 CFR 60.40b through 40 CFR 60.49b

(industrial-commercial-institutional steam generating units which have a heat input capacity from combusted fuels of more than 100 million Btu per hour)

Subpart Dc - Small Industrial-Commercial-Institutional Steam Generating Units.

40 CFR 60.40c through 40 CFR 60.48c

(industrial-commercial-institutional steam generating units which have a heat input capacity of 100 million Btu per hour or less, but greater than or equal to 10 million Btu per hour)

Subpart E - Incinerators.

40 CFR 60.50 through 40 CFR 60.54

(incinerator units of more than 50 tons per day charging rate)

Subpart Ea - Municipal Waste Combustors for which Construction is Commenced after December 20, 1989, and on or before September 20, 1994.

40 CFR 60.50a through 40 CFR 60.59a

(municipal waste combustor units with a capacity greater than 250 tons per day of municipal-type solid waste or refuse-derived fuel)

Subpart Eb - Large Municipal Combustors for which Construction is Commenced after September 20, 1994, or for which Modification or Reconstruction is Commenced after June 19, 1996.

40 CFR 60.50b through 40 CFR 60.59b

(municipal waste combustor units with a capacity greater than 250 tons per day of municipal-type solid waste or refuse-derived fuel)

Subpart Ec - Hospital/Medical/Infectious Waste Incinerators for which Construction is Commenced after June 20, 1996.

40 CFR 60.50c through 40 CFR 60.58c

(hospital/medical/infectious waste incinerators that combust any amount of hospital waste and medical/infectious waste or both)

Subpart F - Portland Cement Plants.

40 CFR 60.60 through 40 CFR 60.66

(kilns, clinker coolers, raw mill systems, finish mill systems, raw mill dryers, raw material storage, clinker storage, finished product storage, conveyor transfer points, bagging and bulk loading and unloading systems)

Subpart G - Nitric Acid Plants.

40 CFR 60.70 through 40 CFR 60.74

(nitric acid production units)

Subpart Ga - Nitric Acid Plants for which Construction, Reconstruction, or Modification Commenced after October 14, 2011.

40 CFR 60.70a through 40 CFR 60.77a

(nitric acid production units producing weak nitric acid by either the pressure or atmospheric pressure process)

Subpart H - Sulfuric Acid Plants.

40 CFR 60.80 through 40 CFR 60.85

(sulfuric acid production units)

Subpart I - Hot Mix Asphalt Facilities.

40 CFR 60.90 through 40 CFR 60.93

(dryers; systems for screening, handling, storing and weighing hot aggregate; systems for loading, transferring and storing mineral filler; systems for mixing asphalt; and the loading, transfer and storage systems associated with emission control systems)

Subpart J - Petroleum Refineries.

40 CFR 60.100 through 40 CFR 60.106

(fluid catalytic cracking unit catalyst regenerators, fluid catalytic cracking unit incinerator-waste heat boilers and fuel gas combustion devices)

Subpart Ja - Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced after May 14, 2007.

40 CFR 60.100a through 40 CFR 60.109a

(fluid catalytic cracking units, fluid coking units, delayed coking units, fuel gas combustion devices, including flares and process heaters, and sulfur recovery plants)

Subpart K - Storage Vessels for Petroleum Liquids for which Construction, Reconstruction, or Modification Commenced after June 11, 1973, and prior to May 19, 1978.

40 CFR 60.110 through 40 CFR 60.113

(storage vessels with a capacity greater than 40,000 gallons)

Subpart Ka - Storage Vessels for Petroleum Liquids for which Construction, Reconstruction, or Modification Commenced after May 18, 1978, and prior to July 23, 1984.

40 CFR 60.110a through 40 CFR 60.115a

(storage vessels with a capacity greater than 40,000 gallons)

Subpart Kb - Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for which Construction, Reconstruction, or Modification Commenced after July 23, 1984.

40 CFR 60.110b through 40 CFR 60.117b

(storage vessels with capacity greater than or equal to 10,566 gallons)

Subpart L - Secondary Lead Smelters.

40 CFR 60.120 through 40 CFR 60.123

(pot furnaces of more than 550 pound charging capacity, blast (cupola) furnaces and reverberatory furnaces)

Subpart M - Secondary Brass and Bronze Production Plants.

40 CFR 60.130 through 40 CFR 60.133

(reverberatory and electric furnaces of 2205 pound or greater production capacity and blast (cupola) furnaces of 550 pounds per hour or greater production capacity)

Subpart N - Primary Emissions from Basic Oxygen Process Furnaces for which Construction is Commenced after June 11, 1973.

40 CFR 60.140 through 40 CFR 60.144

(basic oxygen process furnaces)

Subpart Na - Secondary Emissions from Basic Oxygen Process Steelmaking Facilities for which Construction is Commenced after January 20, 1983.

40 CFR 60.140a through 40 CFR 60.145a

(facilities in an iron and steel plant: top-blown BOPFs and hot metal transfer stations and skimming stations used with bottom-blown or top-blown BOPFs)

Subpart O - Sewage Treatment Plants.

40 CFR 60.150 through 40 CFR 60.154

(incinerators that combust wastes containing more than 10% sewage sludge (dry basis) produced by municipal sewage treatment plants or incinerators that charge more than 2205 pounds per day municipal sewage sludge (dry basis))

Subpart P - Primary Copper Smelters.

40 CFR 60.160 through 40 CFR 60.166

(dryers, roasters, smelting furnaces, and copper converters)

Subpart Q - Primary Zinc Smelters.

40 CFR 60.170 through 40 CFR 60.176

(roasters and sintering machines)

Subpart R - Primary Lead Smelters

40 CFR 60.180 through 40 CFR 60.186

(sintering machines, sintering machine discharge ends, blast furnaces, dross reverberatory furnaces, electric smelting furnaces and converters)

Subpart S - Primary Aluminum Reduction Plants.

40 CFR 60.190 through 40 CFR 60.195

(potroom groups and anode bake plants)

Subpart T - Phosphate Fertilizer Industry: Wet-Process Phosphoric Acid Plants.

40 CFR 60.200 through 40 CFR 60.204

(reactors, filters, evaporators, and hot wells)

Subpart U - Phosphate Fertilizer Industry: Superphosphoric Acid Plants.

40 CFR 60.210 through 40 CFR 60.214

(evaporators, hot wells, acid sumps, and cooling tanks)

Subpart V - Phosphate Fertilizer Industry: Diammonium Phosphate Plants.

40 CFR 60.220 through 40 CFR 60.224

(reactors, granulators, dryers, coolers, screens, and mills)

Subpart W - Phosphate Fertilizer Industry: Triple Superphosphate Plants.

40 CFR 60.230 through 40 CFR 60.234

(mixers, curing belts (dens), reactors, granulators, dryers, cookers, screens, mills, and facilities which store run-of-pile triple superphosphate)

Subpart X - Phosphate Fertilizer Industry: Granular Triple Superphosphate Storage Facilities.

40 CFR 60.240 through 40 CFR 60.244

(storage or curing piles, conveyors, elevators, screens and mills)

Subpart Y - Coal Preparation and Processing Plants.

40 CFR 60.250 through 40 CFR 60.258

(plants which process more than 200 tons per day: thermal dryers, pneumatic coal-cleaning equipment (air tables), coal processing and conveying equipment (including breakers and crushers), coal storage systems, and coal transfer and loading systems)

Subpart Z - Ferroalloy Production Facilities.

40 CFR 60.260 through 40 CFR 60.266

(electric submerged arc furnaces which produce silicon metal, ferrosilicon, calcium silicon, silicomanganese zirconium, ferrochrome silicon, silvery iron, high-carbon ferrochrome, charge chrome, standard ferromanganese, silicomanganese, ferromanganese silicon or calcium carbide; and dust-handling equipment)

Subpart AA - Steel Plants: Electric Arc Furnaces Constructed after October 21, 1974, and on or before August 17, 1983.

40 CFR 60.270 through 40 CFR 60.276

(electric arc furnaces and dust-handling systems that produce carbon, alloy or specialty steels)

Subpart AAa - Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed after August 17, 1983.

40 CFR 60.270a through 40 CFR 60.276a

(electric arc furnaces, argon-oxygen decarburization vessels, and dust-handling systems that produce carbon, alloy, or specialty steels)

Subpart BB - Kraft Pulp Mills.

40 CFR 60.280 through 40 CFR 60.285

(digester systems, brown stock washer systems, multiple effect evaporator systems, black liquor oxidation systems, recovery furnaces, smelt dissolving tanks, lime kilns, condensate strippers and kraft pulping operations)

Subpart BBa - Kraft Pulp Mill Affected Sources for which Construction, Reconstruction, or Modification Commenced after May 23, 2013.

40 CFR 60.280a through 40 CFR 60.288a

(digester systems, brown stock washer systems, multiple effect evaporator systems, black liquor oxidation systems, recovery furnaces, smelt dissolving tanks, lime kilns, condensate strippers, and kraft pulping operations)

Subpart CC - Glass Manufacturing Plants.

40 CFR 60.290 through 40 CFR 60.296

(glass melting furnaces)

Subpart DD - Grain Elevators.

40 CFR 60.300 through 40 CFR 60.304

(grain terminal elevators/grain storage elevators: truck unloading stations, truck loading stations, barge and ship unloading stations, barge and ship loading stations, railcar unloading stations, railcar loading stations, grain dryers, and all grain handling operations)

Subpart EE - Surface Coating of Metal Furniture.

40 CFR 60.310 through 40 CFR 60.316

(metal furniture surface coating operations in which organic coatings are applied)

Subpart FF - (Reserved).

Subpart GG - Stationary Gas Turbines.

40 CFR 60.330 through 40 CFR 60.335

(stationary gas turbines with a heat input at peak load equal to or greater than 10 million Btu per hour, based on the lower heating value of the fuel fired)

Subpart HH - Lime Manufacturing Plants.

40 CFR 60.340 through 40 CFR 60.344

(each rotary lime kiln)

Subparts II through JJ - (Reserved).

Subpart KK - Lead-Acid Battery Manufacturing Plants.

40 CFR 60.370 through 40 CFR 60.374

(lead-acid battery manufacturing plants that produce or have the design capacity to produce in one day (24 hours) batteries containing an amount of lead equal to or greater than 6.5 tons: grid casting facilities, paste mixing facilities, three-process operation facilities, lead oxide manufacturing facilities, lead reclamation facilities, and other lead-emitting operations)

Subpart LL - Metallic Mineral Processing Plants.

40 CFR 60.380 through 40 CFR 60.386

(each crusher and screen in open-pit mines; each crusher, screen, bucket elevator, conveyor belt transfer point, thermal dryer, product packaging station, storage bin, enclosed storage area, truck loading station, truck unloading station, railcar loading station, and railcar unloading station at the mill or concentrator with the following exceptions. All facilities located in underground mines are exempted from the provisions of this subpart. At uranium ore processing plants, all facilities subsequent to and including the benefication of uranium ore are exempted from the provisions of this subpart)

Subpart MM - Automobile and Light Duty Truck Surface Coating Operations.

40 CFR 60.390 through 40 CFR 60.397

(prime coat operations, guide coat operations, and top-coat operations)

Subpart NN - Phosphate Rock Plants.

40 CFR 60.400 through 40 CFR 60.404

(phosphate rock plants which have a maximum plant production capacity greater than 4 four tons per hour: dryers, calciners, grinders, and ground rock handling and storage facilities, except those facilities producing or preparing phosphate rock solely for consumption in elemental phosphorous production)

Subpart OO - Reserved.

Subpart PP - Ammonium Sulfate Manufacture.

40 CFR 60.420 through 40 CFR 60.424

(ammonium sulfate dryer within an ammonium sulfate manufacturing plant in the caprolactum by-product, synthetic, and coke oven by-product sectors of the ammonium sulfate industry)

Subpart QQ - Graphic Arts Industry: Publication Rotogravure Printing.

40 CFR 60.430 through 40 CFR 60.435

(publication rotogravure printing presses, except proof presses)

Subpart RR - Pressure Sensitive Tape and Label Surface Coating Operations.

40 CFR 60.440 through 40 CFR 60.447

(pressure sensitive tape and label material coating lines)

Subpart SS - Industrial Surface Coating: Large Appliances.

40 CFR 60.450 through 40 CFR 60.456

(surface coating operations in large appliance coating lines)

Subpart TT - Metal Coil Surface Coating.

40 CFR 60.460 through 40 CFR 60.466

(metal coil surface coating operations: each prime coat operation, each finish coat operation, and each prime and finish coat operation combined when the finish coat is applied wet on wet over the prime coat and both coatings are cured simultaneously)

Subpart UU - Asphalt Processing and Asphalt Roofing Manufacture.

40 CFR 60.470 through 40 CFR 60.474

(each saturator and each mineral handling and storage facility at asphalt roofing plants; and each asphalt storage tank and each blowing still at asphalt processing plants, petroleum refineries, and asphalt roofing plants)

Subpart VV - Equipment Leaks of Volatile Organic Compounds in the Synthetic Organic Chemicals Manufacturing Industry for which Construction, Reconstruction, or Modification Commenced After after January 5, 1981, and On on or Before before November 7, 2006.

40 CFR 60.480 through 40 CFR 60.489

(all equipment within a process unit in a synthetic organic chemicals manufacturing plant)

Subpart VVa - Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for Which which Construction, Reconstruction, or Modification Commenced After after November 7, 2006.

40 CFR 60.480a through 40 CFR 60.489a

(all equipment within a process unit in a synthetic organic chemicals manufacturing plant)

Subpart WW - Beverage Can Surface Coating Industry.

40 CFR 60.490 through 40 CFR 60.496

(beverage can surface coating lines: each exterior base coat operation, each overvarnish coating operation, and each inside spray coating operation)

Subpart XX - Bulk Gasoline Terminals.

40 CFR 60.500 through 40 CFR 60.506

(total of all loading racks at a bulk gasoline terminal which deliver liquid product into gasoline tank trucks)

Subparts YY through ZZ - (Reserved).

Subpart AAA - New Residential Wood Heaters.

40 CFR 60.530 through 40 CFR 60.539b

(wood heaters)

Subpart BBB - Rubber Tire Manufacturing Industry.

40 CFR 60.540 through 40 CFR 60.548

(each undertread cementing operation, each sidewall cementing operation, each tread end cementing operation, each bead cementing operation, each green tire spraying operation, each Michelin-A operation, each Michelin-B operation, and each Michelin-C automatic operation)

Subpart CCC - (Reserved).

Subpart DDD - Volatile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry.

40 CFR 60.560 through 40 CFR 60.566

(for polypropylene and polyethylene manufacturing using a continuous process that emits continuously or intermittently: all equipment used in the manufacture of these polymers. For polystyrene manufacturing using a continuous process that emits continuously: each material recovery section. For poly(ethylene terephthalate) manufacturing using a continuous process that emits continuously: each polymerization reaction section; if dimethyl terephthalate is used in the process, each material recovery section is also an affected facility; if terephthalic acid is used in the process, each raw materials preparation section is also an affected facility. For VOC emissions from equipment leaks: each group of fugitive emissions equipment within any process unit, excluding poly(ethylene terephthalate) manufacture.)

Subpart EEE - (Reserved).

Subpart FFF - Flexible Vinyl and Urethane Coating and Printing.

40 CFR 60.580 through 40 CFR 60.585

(each rotogravure printing line used to print or coat flexible vinyl or urethane products)

Subpart GGG - Equipment Leaks of VOC in Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced After after January 4, 1983, and On on or Before before November 7, 2006.

40 CFR 60.590 through 40 CFR 60.593

(each compressor, valve, pump pressure relief device, sampling connection system, open-ended valve or line, and flange or other connector in VOC service)

Subpart GGGa - Equipment Leaks of VOC in Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced After after November 7, 2006.

40 CFR 60.590a through 40 CFR 60.593a

(each compressor, valve, pump pressure relief device, sampling connection system, open-ended valve or line, and flange or other connector in VOC service)

Subpart HHH - Synthetic Fiber Production Facilities.

40 CFR 60.600 through 40 CFR 60.604

(each solvent-spun synthetic fiber process that produces more than 500 megagrams of fiber per year)

Subpart III - Volatile Organic Compound (VOC) Emissions from the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes.

40 CFR 60.610 through 40 CFR 60.618

(each air oxidation reactor not discharging its vent stream into a recovery system and each combination of an air oxidation reactor or two or more air oxidation reactors and the recovery system into which the vent streams are discharged)

Subpart JJJ - Petroleum Dry Cleaners.

40 CFR 60.620 through 40 CFR 60.625

(facilities located at a petroleum dry cleaning plant with a total manufacturers' rated dryer capacity equal to or greater than 84 pounds: petroleum solvent dry cleaning dryers, washers, filters, stills, and settling tanks)

Subpart KKK - Equipment Leaks of VOC from Onshore Natural Gas Processing Plants for which Construction, Reconstruction, or Modification Commenced after January 20, 1984, and on or before August 23, 2011.

40 CFR 60.630 through 40 CFR 60.636

(each compressor in VOC service or in wet gas service; each pump, pressure relief device, open-ended valve or line, valve, and flange or other connector that is in VOC service or in wet gas service, and any device or system required by this subpart)

Subpart LLL - Sulfur Dioxide Emissions from Onshore Natural Gas Processing for which Construction, Reconstruction, or Modification Commenced after January 20, 1984, and on or before August 23, 2011.

40 CFR 60.640 through 40 CFR 60.648

(facilities that process natural gas: each sweetening unit, and each sweetening unit followed by a sulfur recovery unit)

Subpart MMM - Reserved.

Subpart NNN - Volatile Organic Compound (VOC) Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operations.

40 CFR 60.660 through 40 CFR 60.668

(each distillation unit not discharging its vent stream into a recovery system, each combination of a distillation unit or of two or more units and the recovery system into which their vent streams are discharged)

Subpart OOO - Nonmetallic Mineral Processing Plants.

40 CFR 60.670 through 40 CFR 60.676

(facilities in fixed or portable nonmetallic mineral processing plants: each crusher, grinding mill, screening operation, bucket elevator, belt conveyor, bagging operation, storage bin, enclosed truck or railcar loading station)

Subpart PPP - Wool Fiberglass Insulation Manufacturing Plants.

40 CFR 60.680 through 40 CFR 60.685

(each rotary spin wool fiberglass insulation manufacturing line)

Subpart QQQ - VOC Emissions from Petroleum Refinery Wastewater Systems.

40 CFR 60.690 through 40 CFR 60.699

(individual drain systems, oil-water separators, and aggregate facilities in petroleum refineries)

Subpart RRR - Volatile Organic Compound Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes.

40 CFR 60.700 through 40 CFR 60.708

(each reactor process not discharging its vent stream into a recovery system, each combination of a reactor process and the recovery system into which its vent stream is discharged, and each combination of two or more reactor processes and the common recovery system into which their vent streams are discharged)

Subpart SSS - Magnetic Tape Coating Facilities.

40 CFR 60.710 through 40 CFR 60.718

(each coating operation and each piece of coating mix preparation equipment)

Subpart TTT - Industrial Surface Coating: Surface Coating of Plastic Parts for Business Machines.

40 CFR 60.720 through 40 CFR 60.726

(each spray booth in which plastic parts for use in the manufacture of business machines receive prime coats, color coats, texture coats, or touch-up coats)

Subpart UUU - Calciners and Dryers in Mineral Industries.

40 CFR 60.730 through 40 CFR 60.737

(each calciner and dryer at a mineral processing plant)

Subpart VVV - Polymeric Coating of Supporting Substrates Facilities.

40 CFR 60.740 through 40 CFR 60.748

(each coating operation and any onsite coating mix preparation equipment used to prepare coatings for the polymeric coating of supporting substrates)

Subpart WWW - Municipal Solid Waste Landfills.

40 CFR 60.750 through 40 CFR 60.759

(municipal solid waste landfills for the containment of household and RCRA Subtitle D wastes)

Subpart AAAA - Small Municipal Waste Combustors for which Construction is Commenced after August 30, 1999, or for which Modification or Reconstruction is Commenced after June 6, 2001.

40 CFR 60.1000 through 40 CFR 60.1465

(municipal waste combustor units with a capacity less than 250 tons per day and greater than 35 tons per day of municipal solid waste or refuse-derived fuel)

Subpart BBBB - Not applicable.

Subpart CCCC - Commercial/Industrial Solid Waste Incinerators for which Construction is Commenced after November 30, 1999, or for which Modification or Construction is Commenced on or after June 1, 2001.

40 CFR 60.2000 through 40 CFR 60.2265

(an enclosed device using controlled flame combustion without energy recovery that is a distinct operating unit of any commercial or industrial facility, or an air curtain incinerator without energy recovery that is a distinct operating unit of any commercial or industrial facility)

Subpart DDDD - Not applicable.

Subpart EEEE - Other Solid Waste Incineration Units for which Construction is Commenced after December 9, 2004, or for which Modification or Reconstruction Is Commenced on or after June 16, 2006.

40 CFR 60.2880 through 40 CFR 60.2977

(very small municipal waste combustion units with the capacity to combust less than 35 tons per day of municipal solid waste or refuse-derived fuel, and institutional waste incineration units owned or operated by an organization having a governmental, educational, civic, or religious purpose)

Subpart FFFF - Reserved.

Subpart GGGG - Reserved.

Subpart HHHH - Reserved.

Subpart IIII - Stationary Compression Ignition Internal Combustion Engines.

40 CFR 60.4200 through 40 CFR 60.4219

(NOTE: Authority to enforce the above standard is being retained by EPA and it is not incorporated by reference into these regulations for any source that is not (i) a major source as defined in 9VAC5-80-60 and subject to Article 1 (9VAC5-80-50 et seq., Federal Operating Permits for Stationary Sources) of Part II of 9VAC5-80 (Permits for Stationary Sources) or (ii) an affected source as defined in 9VAC5-80-370 and subject to Article 3 (9VAC5-80-360 et seq., Federal Operating Permits for Acid Rain Sources) of Part II of 9VAC5-80)

Subpart JJJJ - Stationary Spark Ignition Internal Combustion Engines.

40 CFR 60.4230 through 40 CFR 60.4248

(NOTE: Authority to enforce the above standard is being retained by EPA and it is not incorporated by reference into these regulations for any source that is not (i) a major source as defined in 9VAC5-80-60 and subject to Article 1 (9VAC5-80-50 et seq., Federal Operating Permits for Stationary Sources) of Part II of 9VAC5-80 (Permits for Stationary Sources) or (ii) an affected source as defined in 9VAC5-80-370 and subject to Article 3 (9VAC5-80-360 et seq., Federal Operating Permits for Acid Rain Sources) of Part II of 9VAC5-80)

Subpart KKKK - Stationary Combustion Turbines.

40 CFR 60.4300 through 40 CFR 60.4420

(stationary combustion turbine with a heat input at peak load equal to or greater than 10.7 gigajoules (10 MMBtu) per hour)

Subpart LLLL - Sewage Sludge Incineration Units.

40 CFR 60.4760 through 40 CFR 60.4925

(an incineration unit combusting sewage sludge for the purpose of reducing the volume of the sewage sludge by removing combustible matter, including the sewage sludge feed system, auxiliary fuel feed system, grate system, flue gas system, waste heat recovery equipment, and bottom ash system; and all ash handling systems connected with the bottom ash handling system)

Subpart MMMM - Reserved.

Subpart NNNN - Reserved.

Subpart OOOO - Crude Oil and Natural Gas Production, Transmission and Distribution.

40 CFR 60.5360 through 40 CFR 60.5430

(facilities that operate gas wells, centrifugal compressors, reciprocating compressors, pneumatic controllers, and storage vessels)

Appendix A - Test methods.

Appendix B - Performance specifications.

Appendix C - Determination of Emission Rate Change.

Appendix D - Required Emission Inventory Information.

Appendix E - Reserved.

Appendix F - Quality Assurance Procedures.

Appendix G - (Not applicable).

Appendix H - Reserved.

Appendix I - Removable label and owner's manual.

Part II
Emission Standards

Article 1
Environmental Protection Agency National Emission Standards for Hazardous Air Pollutants (Rule 6-1)

9VAC5-60-60. General.

The Environmental Protection Agency (EPA) Regulations on National Emission Standards for Hazardous Air Pollutants (NESHAP), as promulgated in 40 CFR Part 61 and designated in 9VAC5-60-70 are, unless indicated otherwise, incorporated by reference into the regulations of the board as amended by the word or phrase substitutions given in 9VAC5-60-80. The complete text of the subparts in 9VAC5-60-70 incorporated herein by reference is contained in 40 CFR Part 61. The 40 CFR section numbers appearing under each subpart in 9VAC5-60-70 identify the specific provisions of the subpart incorporated by reference. The specific version of the provision adopted by reference shall be that contained in the CFR (2013) (2014) in effect July 1, 2013 2014. In making reference to the Code of Federal Regulations, 40 CFR Part 61 means Part 61 of Title 40 of the Code of Federal Regulations; 40 CFR 61.01 means 61.01 in Part 61 of Title 40 of the Code of Federal Regulations.

Article 2
Environmental Protection Agency National Emission Standards for Hazardous Air Pollutants for Source Categories (Rule 6-2)

9VAC5-60-90. General.

The Environmental Protection Agency (EPA) National Emission Standards for Hazardous Air Pollutants for Source Categories (Maximum Achievable Control Technologies, or MACTs) as promulgated in 40 CFR Part 63 and designated in 9VAC5-60-100 are, unless indicated otherwise, incorporated by reference into the regulations of the board as amended by the word or phrase substitutions given in 9VAC5-60-110. The complete text of the subparts in 9VAC5-60-100 incorporated herein by reference is contained in 40 CFR Part 63. The 40 CFR section numbers appearing under each subpart in 9VAC5-60-100 identify the specific provisions of the subpart incorporated by reference. The specific version of the provision adopted by reference shall be that contained in the CFR (2013) (2014) in effect July 1, 2013 2014. In making reference to the Code of Federal Regulations, 40 CFR Part 63 means Part 63 of Title 40 of the Code of Federal Regulations; 40 CFR 63.1 means 63.1 in Part 63 of Title 40 of the Code of Federal Regulations.

VA.R. Doc. No. R15-4184; Filed January 7, 2015, 1:46 p.m.
TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD
Final Regulation

REGISTRAR'S NOTICE: The following regulatory action is exempt from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 c of the Code of Virginia, which excludes regulations that are necessary to meet the requirements of federal law or regulations provided such regulations do not differ materially from those required by federal law or regulation. The State Air Pollution Control Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Titles of Regulations: 9VAC5-50. New and Modified Stationary Sources (Rev. H14) (amending 9VAC5-50-400, 9VAC5-50-410).

9VAC5-60. Hazardous Air Pollutant Sources (Rev. H14) (amending 9VAC5-60-60, 9VAC5-60-90).

Statutory Authority: § 10.1-1308 of the Code of Virginia; § 112 of the Clean Air Act; 40 CFR Parts 61 and 63.

Effective Date: March 11, 2015.

Agency Contact: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 698-4510, or email karen.sabasteanski@deq.virginia.gov.

Summary:

The amendments update state regulations that incorporate by reference certain federal regulations to reflect the Code of Federal Regulations as published on July 1, 2014. The new standards that are being incorporated into the regulations by reference are:

1. One new NSPS is being added: Subpart BBa, Kraft Pulp Mill Affected Sources for which Construction, Reconstruction, or Modification Commenced after May 23, 2013 (40 CFR 60.60.280a through 40 CFR 60.288a). The date of the Code of Federal Regulations book being incorporated by reference is being updated to the latest version.

2. No new NESHAPs are being incorporated. The date of the Code of Federal Regulations book being incorporated by reference is being updated to the latest version.

3. No new MACTs are being incorporated. The date of the Code of Federal Regulations book being incorporated by reference is being updated to the latest version.

Article 5
Environmental Protection Agency Standards of Performance for New Stationary Sources (Rule 5-5)

9VAC5-50-400. General.

The U.S. Environmental Protection Agency Regulations on Standards of Performance for New Stationary Sources (NSPSs), as promulgated in 40 CFR Part 60 and designated in 9VAC5-50-410 are, unless indicated otherwise, incorporated by reference into the regulations of the board as amended by the word or phrase substitutions given in 9VAC5-50-420. The complete text of the subparts in 9VAC5-50-410 incorporated herein by reference is contained in 40 CFR Part 60. The 40 CFR section numbers appearing under each subpart in 9VAC5-50-410 identify the specific provisions of the subpart incorporated by reference. The specific version of the provision adopted by reference shall be that contained in the CFR (2013) (2014) in effect July 1, 2013 2014. In making reference to the Code of Federal Regulations, 40 CFR Part 60 means Part 60 of Title 40 of the Code of Federal Regulations; 40 CFR 60.1 means 60.1 in Part 60 of Title 40 of the Code of Federal Regulations.

9VAC5-50-410. Designated standards of performance.

Subpart A - General Provisions.

40 CFR 60.1 through 40 CFR 60.3, 40 CFR 60.7, 40 CFR 60.8, 40 CFR 60.11 through 40 CFR 60.15, 40 CFR 60.18 through 40 CFR 60.19

(applicability, definitions, units and abbreviations, notification and recordkeeping, performance tests, compliance, circumvention, monitoring requirements, modification, reconstruction, general control device requirements, and general notification and reporting requirements)

Subpart B - Not applicable.

Subpart C - Not applicable.

Subpart Ca - Reserved.

Subpart Cb - Not applicable.

Subpart Cc - Not applicable.

Subpart Cd - Not applicable.

Subpart Ce - Not applicable.

Subpart D - Fossil Fuel-Fired Steam Generators.

40 CFR 60.40 through 40 CFR 60.46

(fossil fuel-fired steam generating units of more than 250 million Btu per hour heat input rate, and fossil fuel-fired and wood residue-fired steam generating units capable of firing fossil fuel at a heat input rate of more than 250 million Btu per hour)

Subpart Da - Electric Utility Steam Generating Units.

40 CFR 60.40Da through 40 CFR 60.52Da

(electric utility steam generating units capable of combusting more than 250 million Btu per hour heat input of fossil fuel (either alone or in combination with any other fuel), and for which construction, reconstruction, or modification is commenced after September 18, 1978)

Subpart Db - Industrial-Commercial-Institutional Steam Generating Units.

40 CFR 60.40b through 40 CFR 60.49b

(industrial-commercial-institutional steam generating units which have a heat input capacity from combusted fuels of more than 100 million Btu per hour)

Subpart Dc - Small Industrial-Commercial-Institutional Steam Generating Units.

40 CFR 60.40c through 40 CFR 60.48c

(industrial-commercial-institutional steam generating units which have a heat input capacity of 100 million Btu per hour or less, but greater than or equal to 10 million Btu per hour)

Subpart E - Incinerators.

40 CFR 60.50 through 40 CFR 60.54

(incinerator units of more than 50 tons per day charging rate)

Subpart Ea - Municipal Waste Combustors for which Construction is Commenced after December 20, 1989, and on or before September 20, 1994.

40 CFR 60.50a through 40 CFR 60.59a

(municipal waste combustor units with a capacity greater than 250 tons per day of municipal-type solid waste or refuse-derived fuel)

Subpart Eb - Large Municipal Combustors for which Construction is Commenced after September 20, 1994, or for which Modification or Reconstruction is Commenced after June 19, 1996.

40 CFR 60.50b through 40 CFR 60.59b

(municipal waste combustor units with a capacity greater than 250 tons per day of municipal-type solid waste or refuse-derived fuel)

Subpart Ec - Hospital/Medical/Infectious Waste Incinerators for which Construction is Commenced after June 20, 1996.

40 CFR 60.50c through 40 CFR 60.58c

(hospital/medical/infectious waste incinerators that combust any amount of hospital waste and medical/infectious waste or both)

Subpart F - Portland Cement Plants.

40 CFR 60.60 through 40 CFR 60.66

(kilns, clinker coolers, raw mill systems, finish mill systems, raw mill dryers, raw material storage, clinker storage, finished product storage, conveyor transfer points, bagging and bulk loading and unloading systems)

Subpart G - Nitric Acid Plants.

40 CFR 60.70 through 40 CFR 60.74

(nitric acid production units)

Subpart Ga - Nitric Acid Plants for which Construction, Reconstruction, or Modification Commenced after October 14, 2011.

40 CFR 60.70a through 40 CFR 60.77a

(nitric acid production units producing weak nitric acid by either the pressure or atmospheric pressure process)

Subpart H - Sulfuric Acid Plants.

40 CFR 60.80 through 40 CFR 60.85

(sulfuric acid production units)

Subpart I - Hot Mix Asphalt Facilities.

40 CFR 60.90 through 40 CFR 60.93

(dryers; systems for screening, handling, storing and weighing hot aggregate; systems for loading, transferring and storing mineral filler; systems for mixing asphalt; and the loading, transfer and storage systems associated with emission control systems)

Subpart J - Petroleum Refineries.

40 CFR 60.100 through 40 CFR 60.106

(fluid catalytic cracking unit catalyst regenerators, fluid catalytic cracking unit incinerator-waste heat boilers and fuel gas combustion devices)

Subpart Ja - Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced after May 14, 2007.

40 CFR 60.100a through 40 CFR 60.109a

(fluid catalytic cracking units, fluid coking units, delayed coking units, fuel gas combustion devices, including flares and process heaters, and sulfur recovery plants)

Subpart K - Storage Vessels for Petroleum Liquids for which Construction, Reconstruction, or Modification Commenced after June 11, 1973, and prior to May 19, 1978.

40 CFR 60.110 through 40 CFR 60.113

(storage vessels with a capacity greater than 40,000 gallons)

Subpart Ka - Storage Vessels for Petroleum Liquids for which Construction, Reconstruction, or Modification Commenced after May 18, 1978, and prior to July 23, 1984.

40 CFR 60.110a through 40 CFR 60.115a

(storage vessels with a capacity greater than 40,000 gallons)

Subpart Kb - Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for which Construction, Reconstruction, or Modification Commenced after July 23, 1984.

40 CFR 60.110b through 40 CFR 60.117b

(storage vessels with capacity greater than or equal to 10,566 gallons)

Subpart L - Secondary Lead Smelters.

40 CFR 60.120 through 40 CFR 60.123

(pot furnaces of more than 550 pound charging capacity, blast (cupola) furnaces and reverberatory furnaces)

Subpart M - Secondary Brass and Bronze Production Plants.

40 CFR 60.130 through 40 CFR 60.133

(reverberatory and electric furnaces of 2205 pound or greater production capacity and blast (cupola) furnaces of 550 pounds per hour or greater production capacity)

Subpart N - Primary Emissions from Basic Oxygen Process Furnaces for which Construction is Commenced after June 11, 1973.

40 CFR 60.140 through 40 CFR 60.144

(basic oxygen process furnaces)

Subpart Na - Secondary Emissions from Basic Oxygen Process Steelmaking Facilities for which Construction is Commenced after January 20, 1983.

40 CFR 60.140a through 40 CFR 60.145a

(facilities in an iron and steel plant: top-blown BOPFs and hot metal transfer stations and skimming stations used with bottom-blown or top-blown BOPFs)

Subpart O - Sewage Treatment Plants.

40 CFR 60.150 through 40 CFR 60.154

(incinerators that combust wastes containing more than 10% sewage sludge (dry basis) produced by municipal sewage treatment plants or incinerators that charge more than 2205 pounds per day municipal sewage sludge (dry basis))

Subpart P - Primary Copper Smelters.

40 CFR 60.160 through 40 CFR 60.166

(dryers, roasters, smelting furnaces, and copper converters)

Subpart Q - Primary Zinc Smelters.

40 CFR 60.170 through 40 CFR 60.176

(roasters and sintering machines)

Subpart R - Primary Lead Smelters

40 CFR 60.180 through 40 CFR 60.186

(sintering machines, sintering machine discharge ends, blast furnaces, dross reverberatory furnaces, electric smelting furnaces and converters)

Subpart S - Primary Aluminum Reduction Plants.

40 CFR 60.190 through 40 CFR 60.195

(potroom groups and anode bake plants)

Subpart T - Phosphate Fertilizer Industry: Wet-Process Phosphoric Acid Plants.

40 CFR 60.200 through 40 CFR 60.204

(reactors, filters, evaporators, and hot wells)

Subpart U - Phosphate Fertilizer Industry: Superphosphoric Acid Plants.

40 CFR 60.210 through 40 CFR 60.214

(evaporators, hot wells, acid sumps, and cooling tanks)

Subpart V - Phosphate Fertilizer Industry: Diammonium Phosphate Plants.

40 CFR 60.220 through 40 CFR 60.224

(reactors, granulators, dryers, coolers, screens, and mills)

Subpart W - Phosphate Fertilizer Industry: Triple Superphosphate Plants.

40 CFR 60.230 through 40 CFR 60.234

(mixers, curing belts (dens), reactors, granulators, dryers, cookers, screens, mills, and facilities which store run-of-pile triple superphosphate)

Subpart X - Phosphate Fertilizer Industry: Granular Triple Superphosphate Storage Facilities.

40 CFR 60.240 through 40 CFR 60.244

(storage or curing piles, conveyors, elevators, screens and mills)

Subpart Y - Coal Preparation and Processing Plants.

40 CFR 60.250 through 40 CFR 60.258

(plants which process more than 200 tons per day: thermal dryers, pneumatic coal-cleaning equipment (air tables), coal processing and conveying equipment (including breakers and crushers), coal storage systems, and coal transfer and loading systems)

Subpart Z - Ferroalloy Production Facilities.

40 CFR 60.260 through 40 CFR 60.266

(electric submerged arc furnaces which produce silicon metal, ferrosilicon, calcium silicon, silicomanganese zirconium, ferrochrome silicon, silvery iron, high-carbon ferrochrome, charge chrome, standard ferromanganese, silicomanganese, ferromanganese silicon or calcium carbide; and dust-handling equipment)

Subpart AA - Steel Plants: Electric Arc Furnaces Constructed after October 21, 1974, and on or before August 17, 1983.

40 CFR 60.270 through 40 CFR 60.276

(electric arc furnaces and dust-handling systems that produce carbon, alloy or specialty steels)

Subpart AAa - Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed after August 17, 1983.

40 CFR 60.270a through 40 CFR 60.276a

(electric arc furnaces, argon-oxygen decarburization vessels, and dust-handling systems that produce carbon, alloy, or specialty steels)

Subpart BB - Kraft Pulp Mills.

40 CFR 60.280 through 40 CFR 60.285

(digester systems, brown stock washer systems, multiple effect evaporator systems, black liquor oxidation systems, recovery furnaces, smelt dissolving tanks, lime kilns, condensate strippers and kraft pulping operations)

Subpart BBa - Kraft Pulp Mill Affected Sources for which Construction, Reconstruction, or Modification Commenced after May 23, 2013.

40 CFR 60.280a through 40 CFR 60.288a

(digester systems, brown stock washer systems, multiple effect evaporator systems, black liquor oxidation systems, recovery furnaces, smelt dissolving tanks, lime kilns, condensate strippers, and kraft pulping operations)

Subpart CC - Glass Manufacturing Plants.

40 CFR 60.290 through 40 CFR 60.296

(glass melting furnaces)

Subpart DD - Grain Elevators.

40 CFR 60.300 through 40 CFR 60.304

(grain terminal elevators/grain storage elevators: truck unloading stations, truck loading stations, barge and ship unloading stations, barge and ship loading stations, railcar unloading stations, railcar loading stations, grain dryers, and all grain handling operations)

Subpart EE - Surface Coating of Metal Furniture.

40 CFR 60.310 through 40 CFR 60.316

(metal furniture surface coating operations in which organic coatings are applied)

Subpart FF - (Reserved).

Subpart GG - Stationary Gas Turbines.

40 CFR 60.330 through 40 CFR 60.335

(stationary gas turbines with a heat input at peak load equal to or greater than 10 million Btu per hour, based on the lower heating value of the fuel fired)

Subpart HH - Lime Manufacturing Plants.

40 CFR 60.340 through 40 CFR 60.344

(each rotary lime kiln)

Subparts II through JJ - (Reserved).

Subpart KK - Lead-Acid Battery Manufacturing Plants.

40 CFR 60.370 through 40 CFR 60.374

(lead-acid battery manufacturing plants that produce or have the design capacity to produce in one day (24 hours) batteries containing an amount of lead equal to or greater than 6.5 tons: grid casting facilities, paste mixing facilities, three-process operation facilities, lead oxide manufacturing facilities, lead reclamation facilities, and other lead-emitting operations)

Subpart LL - Metallic Mineral Processing Plants.

40 CFR 60.380 through 40 CFR 60.386

(each crusher and screen in open-pit mines; each crusher, screen, bucket elevator, conveyor belt transfer point, thermal dryer, product packaging station, storage bin, enclosed storage area, truck loading station, truck unloading station, railcar loading station, and railcar unloading station at the mill or concentrator with the following exceptions. All facilities located in underground mines are exempted from the provisions of this subpart. At uranium ore processing plants, all facilities subsequent to and including the benefication of uranium ore are exempted from the provisions of this subpart)

Subpart MM - Automobile and Light Duty Truck Surface Coating Operations.

40 CFR 60.390 through 40 CFR 60.397

(prime coat operations, guide coat operations, and top-coat operations)

Subpart NN - Phosphate Rock Plants.

40 CFR 60.400 through 40 CFR 60.404

(phosphate rock plants which have a maximum plant production capacity greater than 4 four tons per hour: dryers, calciners, grinders, and ground rock handling and storage facilities, except those facilities producing or preparing phosphate rock solely for consumption in elemental phosphorous production)

Subpart OO - Reserved.

Subpart PP - Ammonium Sulfate Manufacture.

40 CFR 60.420 through 40 CFR 60.424

(ammonium sulfate dryer within an ammonium sulfate manufacturing plant in the caprolactum by-product, synthetic, and coke oven by-product sectors of the ammonium sulfate industry)

Subpart QQ - Graphic Arts Industry: Publication Rotogravure Printing.

40 CFR 60.430 through 40 CFR 60.435

(publication rotogravure printing presses, except proof presses)

Subpart RR - Pressure Sensitive Tape and Label Surface Coating Operations.

40 CFR 60.440 through 40 CFR 60.447

(pressure sensitive tape and label material coating lines)

Subpart SS - Industrial Surface Coating: Large Appliances.

40 CFR 60.450 through 40 CFR 60.456

(surface coating operations in large appliance coating lines)

Subpart TT - Metal Coil Surface Coating.

40 CFR 60.460 through 40 CFR 60.466

(metal coil surface coating operations: each prime coat operation, each finish coat operation, and each prime and finish coat operation combined when the finish coat is applied wet on wet over the prime coat and both coatings are cured simultaneously)

Subpart UU - Asphalt Processing and Asphalt Roofing Manufacture.

40 CFR 60.470 through 40 CFR 60.474

(each saturator and each mineral handling and storage facility at asphalt roofing plants; and each asphalt storage tank and each blowing still at asphalt processing plants, petroleum refineries, and asphalt roofing plants)

Subpart VV - Equipment Leaks of Volatile Organic Compounds in the Synthetic Organic Chemicals Manufacturing Industry for which Construction, Reconstruction, or Modification Commenced After after January 5, 1981, and On on or Before before November 7, 2006.

40 CFR 60.480 through 40 CFR 60.489

(all equipment within a process unit in a synthetic organic chemicals manufacturing plant)

Subpart VVa - Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for Which which Construction, Reconstruction, or Modification Commenced After after November 7, 2006.

40 CFR 60.480a through 40 CFR 60.489a

(all equipment within a process unit in a synthetic organic chemicals manufacturing plant)

Subpart WW - Beverage Can Surface Coating Industry.

40 CFR 60.490 through 40 CFR 60.496

(beverage can surface coating lines: each exterior base coat operation, each overvarnish coating operation, and each inside spray coating operation)

Subpart XX - Bulk Gasoline Terminals.

40 CFR 60.500 through 40 CFR 60.506

(total of all loading racks at a bulk gasoline terminal which deliver liquid product into gasoline tank trucks)

Subparts YY through ZZ - (Reserved).

Subpart AAA - New Residential Wood Heaters.

40 CFR 60.530 through 40 CFR 60.539b

(wood heaters)

Subpart BBB - Rubber Tire Manufacturing Industry.

40 CFR 60.540 through 40 CFR 60.548

(each undertread cementing operation, each sidewall cementing operation, each tread end cementing operation, each bead cementing operation, each green tire spraying operation, each Michelin-A operation, each Michelin-B operation, and each Michelin-C automatic operation)

Subpart CCC - (Reserved).

Subpart DDD - Volatile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry.

40 CFR 60.560 through 40 CFR 60.566

(for polypropylene and polyethylene manufacturing using a continuous process that emits continuously or intermittently: all equipment used in the manufacture of these polymers. For polystyrene manufacturing using a continuous process that emits continuously: each material recovery section. For poly(ethylene terephthalate) manufacturing using a continuous process that emits continuously: each polymerization reaction section; if dimethyl terephthalate is used in the process, each material recovery section is also an affected facility; if terephthalic acid is used in the process, each raw materials preparation section is also an affected facility. For VOC emissions from equipment leaks: each group of fugitive emissions equipment within any process unit, excluding poly(ethylene terephthalate) manufacture.)

Subpart EEE - (Reserved).

Subpart FFF - Flexible Vinyl and Urethane Coating and Printing.

40 CFR 60.580 through 40 CFR 60.585

(each rotogravure printing line used to print or coat flexible vinyl or urethane products)

Subpart GGG - Equipment Leaks of VOC in Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced After after January 4, 1983, and On on or Before before November 7, 2006.

40 CFR 60.590 through 40 CFR 60.593

(each compressor, valve, pump pressure relief device, sampling connection system, open-ended valve or line, and flange or other connector in VOC service)

Subpart GGGa - Equipment Leaks of VOC in Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced After after November 7, 2006.

40 CFR 60.590a through 40 CFR 60.593a

(each compressor, valve, pump pressure relief device, sampling connection system, open-ended valve or line, and flange or other connector in VOC service)

Subpart HHH - Synthetic Fiber Production Facilities.

40 CFR 60.600 through 40 CFR 60.604

(each solvent-spun synthetic fiber process that produces more than 500 megagrams of fiber per year)

Subpart III - Volatile Organic Compound (VOC) Emissions from the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes.

40 CFR 60.610 through 40 CFR 60.618

(each air oxidation reactor not discharging its vent stream into a recovery system and each combination of an air oxidation reactor or two or more air oxidation reactors and the recovery system into which the vent streams are discharged)

Subpart JJJ - Petroleum Dry Cleaners.

40 CFR 60.620 through 40 CFR 60.625

(facilities located at a petroleum dry cleaning plant with a total manufacturers' rated dryer capacity equal to or greater than 84 pounds: petroleum solvent dry cleaning dryers, washers, filters, stills, and settling tanks)

Subpart KKK - Equipment Leaks of VOC from Onshore Natural Gas Processing Plants for which Construction, Reconstruction, or Modification Commenced after January 20, 1984, and on or before August 23, 2011.

40 CFR 60.630 through 40 CFR 60.636

(each compressor in VOC service or in wet gas service; each pump, pressure relief device, open-ended valve or line, valve, and flange or other connector that is in VOC service or in wet gas service, and any device or system required by this subpart)

Subpart LLL - Sulfur Dioxide Emissions from Onshore Natural Gas Processing for which Construction, Reconstruction, or Modification Commenced after January 20, 1984, and on or before August 23, 2011.

40 CFR 60.640 through 40 CFR 60.648

(facilities that process natural gas: each sweetening unit, and each sweetening unit followed by a sulfur recovery unit)

Subpart MMM - Reserved.

Subpart NNN - Volatile Organic Compound (VOC) Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operations.

40 CFR 60.660 through 40 CFR 60.668

(each distillation unit not discharging its vent stream into a recovery system, each combination of a distillation unit or of two or more units and the recovery system into which their vent streams are discharged)

Subpart OOO - Nonmetallic Mineral Processing Plants.

40 CFR 60.670 through 40 CFR 60.676

(facilities in fixed or portable nonmetallic mineral processing plants: each crusher, grinding mill, screening operation, bucket elevator, belt conveyor, bagging operation, storage bin, enclosed truck or railcar loading station)

Subpart PPP - Wool Fiberglass Insulation Manufacturing Plants.

40 CFR 60.680 through 40 CFR 60.685

(each rotary spin wool fiberglass insulation manufacturing line)

Subpart QQQ - VOC Emissions from Petroleum Refinery Wastewater Systems.

40 CFR 60.690 through 40 CFR 60.699

(individual drain systems, oil-water separators, and aggregate facilities in petroleum refineries)

Subpart RRR - Volatile Organic Compound Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes.

40 CFR 60.700 through 40 CFR 60.708

(each reactor process not discharging its vent stream into a recovery system, each combination of a reactor process and the recovery system into which its vent stream is discharged, and each combination of two or more reactor processes and the common recovery system into which their vent streams are discharged)

Subpart SSS - Magnetic Tape Coating Facilities.

40 CFR 60.710 through 40 CFR 60.718

(each coating operation and each piece of coating mix preparation equipment)

Subpart TTT - Industrial Surface Coating: Surface Coating of Plastic Parts for Business Machines.

40 CFR 60.720 through 40 CFR 60.726

(each spray booth in which plastic parts for use in the manufacture of business machines receive prime coats, color coats, texture coats, or touch-up coats)

Subpart UUU - Calciners and Dryers in Mineral Industries.

40 CFR 60.730 through 40 CFR 60.737

(each calciner and dryer at a mineral processing plant)

Subpart VVV - Polymeric Coating of Supporting Substrates Facilities.

40 CFR 60.740 through 40 CFR 60.748

(each coating operation and any onsite coating mix preparation equipment used to prepare coatings for the polymeric coating of supporting substrates)

Subpart WWW - Municipal Solid Waste Landfills.

40 CFR 60.750 through 40 CFR 60.759

(municipal solid waste landfills for the containment of household and RCRA Subtitle D wastes)

Subpart AAAA - Small Municipal Waste Combustors for which Construction is Commenced after August 30, 1999, or for which Modification or Reconstruction is Commenced after June 6, 2001.

40 CFR 60.1000 through 40 CFR 60.1465

(municipal waste combustor units with a capacity less than 250 tons per day and greater than 35 tons per day of municipal solid waste or refuse-derived fuel)

Subpart BBBB - Not applicable.

Subpart CCCC - Commercial/Industrial Solid Waste Incinerators for which Construction is Commenced after November 30, 1999, or for which Modification or Construction is Commenced on or after June 1, 2001.

40 CFR 60.2000 through 40 CFR 60.2265

(an enclosed device using controlled flame combustion without energy recovery that is a distinct operating unit of any commercial or industrial facility, or an air curtain incinerator without energy recovery that is a distinct operating unit of any commercial or industrial facility)

Subpart DDDD - Not applicable.

Subpart EEEE - Other Solid Waste Incineration Units for which Construction is Commenced after December 9, 2004, or for which Modification or Reconstruction Is Commenced on or after June 16, 2006.

40 CFR 60.2880 through 40 CFR 60.2977

(very small municipal waste combustion units with the capacity to combust less than 35 tons per day of municipal solid waste or refuse-derived fuel, and institutional waste incineration units owned or operated by an organization having a governmental, educational, civic, or religious purpose)

Subpart FFFF - Reserved.

Subpart GGGG - Reserved.

Subpart HHHH - Reserved.

Subpart IIII - Stationary Compression Ignition Internal Combustion Engines.

40 CFR 60.4200 through 40 CFR 60.4219

(NOTE: Authority to enforce the above standard is being retained by EPA and it is not incorporated by reference into these regulations for any source that is not (i) a major source as defined in 9VAC5-80-60 and subject to Article 1 (9VAC5-80-50 et seq., Federal Operating Permits for Stationary Sources) of Part II of 9VAC5-80 (Permits for Stationary Sources) or (ii) an affected source as defined in 9VAC5-80-370 and subject to Article 3 (9VAC5-80-360 et seq., Federal Operating Permits for Acid Rain Sources) of Part II of 9VAC5-80)

Subpart JJJJ - Stationary Spark Ignition Internal Combustion Engines.

40 CFR 60.4230 through 40 CFR 60.4248

(NOTE: Authority to enforce the above standard is being retained by EPA and it is not incorporated by reference into these regulations for any source that is not (i) a major source as defined in 9VAC5-80-60 and subject to Article 1 (9VAC5-80-50 et seq., Federal Operating Permits for Stationary Sources) of Part II of 9VAC5-80 (Permits for Stationary Sources) or (ii) an affected source as defined in 9VAC5-80-370 and subject to Article 3 (9VAC5-80-360 et seq., Federal Operating Permits for Acid Rain Sources) of Part II of 9VAC5-80)

Subpart KKKK - Stationary Combustion Turbines.

40 CFR 60.4300 through 40 CFR 60.4420

(stationary combustion turbine with a heat input at peak load equal to or greater than 10.7 gigajoules (10 MMBtu) per hour)

Subpart LLLL - Sewage Sludge Incineration Units.

40 CFR 60.4760 through 40 CFR 60.4925

(an incineration unit combusting sewage sludge for the purpose of reducing the volume of the sewage sludge by removing combustible matter, including the sewage sludge feed system, auxiliary fuel feed system, grate system, flue gas system, waste heat recovery equipment, and bottom ash system; and all ash handling systems connected with the bottom ash handling system)

Subpart MMMM - Reserved.

Subpart NNNN - Reserved.

Subpart OOOO - Crude Oil and Natural Gas Production, Transmission and Distribution.

40 CFR 60.5360 through 40 CFR 60.5430

(facilities that operate gas wells, centrifugal compressors, reciprocating compressors, pneumatic controllers, and storage vessels)

Appendix A - Test methods.

Appendix B - Performance specifications.

Appendix C - Determination of Emission Rate Change.

Appendix D - Required Emission Inventory Information.

Appendix E - Reserved.

Appendix F - Quality Assurance Procedures.

Appendix G - (Not applicable).

Appendix H - Reserved.

Appendix I - Removable label and owner's manual.

Part II
Emission Standards

Article 1
Environmental Protection Agency National Emission Standards for Hazardous Air Pollutants (Rule 6-1)

9VAC5-60-60. General.

The Environmental Protection Agency (EPA) Regulations on National Emission Standards for Hazardous Air Pollutants (NESHAP), as promulgated in 40 CFR Part 61 and designated in 9VAC5-60-70 are, unless indicated otherwise, incorporated by reference into the regulations of the board as amended by the word or phrase substitutions given in 9VAC5-60-80. The complete text of the subparts in 9VAC5-60-70 incorporated herein by reference is contained in 40 CFR Part 61. The 40 CFR section numbers appearing under each subpart in 9VAC5-60-70 identify the specific provisions of the subpart incorporated by reference. The specific version of the provision adopted by reference shall be that contained in the CFR (2013) (2014) in effect July 1, 2013 2014. In making reference to the Code of Federal Regulations, 40 CFR Part 61 means Part 61 of Title 40 of the Code of Federal Regulations; 40 CFR 61.01 means 61.01 in Part 61 of Title 40 of the Code of Federal Regulations.

Article 2
Environmental Protection Agency National Emission Standards for Hazardous Air Pollutants for Source Categories (Rule 6-2)

9VAC5-60-90. General.

The Environmental Protection Agency (EPA) National Emission Standards for Hazardous Air Pollutants for Source Categories (Maximum Achievable Control Technologies, or MACTs) as promulgated in 40 CFR Part 63 and designated in 9VAC5-60-100 are, unless indicated otherwise, incorporated by reference into the regulations of the board as amended by the word or phrase substitutions given in 9VAC5-60-110. The complete text of the subparts in 9VAC5-60-100 incorporated herein by reference is contained in 40 CFR Part 63. The 40 CFR section numbers appearing under each subpart in 9VAC5-60-100 identify the specific provisions of the subpart incorporated by reference. The specific version of the provision adopted by reference shall be that contained in the CFR (2013) (2014) in effect July 1, 2013 2014. In making reference to the Code of Federal Regulations, 40 CFR Part 63 means Part 63 of Title 40 of the Code of Federal Regulations; 40 CFR 63.1 means 63.1 in Part 63 of Title 40 of the Code of Federal Regulations.

VA.R. Doc. No. R15-4184; Filed January 7, 2015, 1:46 p.m.
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final Regulation

REGISTRAR'S NOTICE: The State Water Control Board is claiming an exemption from Article 2 of the Administrative Process Act pursuant to the second enactment of Chapter 202 of the 2014 Acts of Assembly, which provides that all total maximum daily load wasteload allocations adopted or approved by the State Water Control Board prior to July 1, 2014, shall be listed in the Water Quality Management Planning Regulation (9VAC25-720) by the State Water Control Board; such action to amend the Water Quality Management Planning Regulation shall be exempt from Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act and not subject to judicial review. This required listing shall not be construed to preclude the State Water Control Board from subsequently amending or repealing the listed wasteload allocations or to affect their substantive validity. Total maximum daily load wasteload allocations subject to the cooperative solution negotiated for mining operations that were not set forth in the Water Quality Management Planning Regulation (9VAC25-720) prior to July 1, 2014, are excluded from this listing process.

Title of Regulation: 9VAC25-720. Water Quality Management Planning Regulation (amending 9VAC25-720-20, 9VAC25-720-50 through 9VAC25-720-130).

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

Effective Date: March 11, 2015.

Agency Contact: Debra Harris, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4209, FAX (804) 698-4019, or email debra.harris@deq.virginia.gov.

Summary:

Chapter 202 of the 2014 Acts of Assembly requires that a comprehensive listing of all total maximum daily load wasteload allocations (WLAs) adopted or approved by the State Water Control Board prior to July 1, 2014, be set forth in the Water Quality Management Planning Regulation (9VAC25-720). Therefore, this regulatory action adds WLAs to the various river basin sections of the regulation to comply with Chapter 202 of the 2014 Acts of Assembly.

9VAC25-720-20. Purpose.

The purpose of this regulation is to list by major river basin the following: EPA-approved and board-adopted board-adopted total maximum daily loads (TMDLs) and the load (TMDL) wasteload allocations (WLAs), stream segment classifications, and effluent limitations including water quality based effluent limitations, and waste load allocations contained in the existing water quality management plans (WQMPs). Additional information is provided in the footnotes as noted in 9VAC25-720-50 through 9VAC25-720-130.

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

A. Total Maximum Daily Load maximum daily loads (TMDLs).

TMDL #

Stream Name

TMDL Title

City/County

WBID

Pollutant

WLA1

Units

1.

Muddy Creek

Nitrate TMDL Development for Muddy Creek/Dry River, Virginia

Rockingham

B21R

Nitrate

49,389.00

LB/YR

2.

Blacks Run

TMDL Development for Blacks Run and Cooks Creek

Rockingham

B25R

Sediment

32,844.00

LB/YR

3.

Cooks Creek

TMDL Development for Blacks Run and Cooks Creek

Rockingham

B25R

Sediment

69,301.00

LB/YR

4.

Cooks Creek

TMDL Development for Blacks Run and Cooks Creek

Rockingham

B25R

Phosphorus

0

LB/YR

5.

Muddy Creek

TMDL Development for Muddy Creek and Holmans Creek, Virginia

Rockingham

B22R

Sediment

286,939.00

LB/YR

6.

Muddy Creek

TMDL Development for Muddy Creek and Holmans Creek, Virginia

Rockingham

B22R

Phosphorus

38.00

LB/YR

7.

Holmans Creek

TMDL Development for Muddy Creek and Holmans Creek, Virginia

Rockingham/
Shenandoah

B45R

Sediment

78,141.00

LB/YR

8.

Mill Creek

TMDL Development for Mill Creek and Pleasant Run

Rockingham

B29R

Sediment

276.00

LB/YR

9.

Mill Creek

TMDL Development for Mill Creek and Pleasant Run

Rockingham

B29R

Phosphorus

138.00

LB/YR

10.

Pleasant Run

TMDL Development for Mill Creek and Pleasant Run

Rockingham

B27R

Sediment

0.00

LB/YR

11.

Pleasant Run

TMDL Development for Mill Creek and Pleasant Run

Rockingham

B27R

Phosphorus

0.00

LB/YR

12.

Linville Creek

Total Maximum Daily Load Development for Linville Creek: Bacteria and Benthic Impairments

Rockingham

B46R

Sediment

5.50

TONS/YR

13.

Quail Run

Benthic TMDL for Quail Run

Rockingham

B35R

Ammonia

7,185.00

KG/YR

14.

Quail Run

Benthic TMDL for Quail Run

Rockingham

B35R

Chlorine

27.63

KG/YR

15.

Shenandoah River

Development of Shenandoah River PCB TMDL (South Fork and Main Stem)

Warren & Clarke

B41R B55R B57R B58R

PCBs

179.38

G/YR

16.

Shenandoah River

Development of Shenandoah River PCB TMDL (North Fork)

Warren & Clarke

B51R

PCBs

0.00

G/YR

17.

Shenandoah River

Development of Shenandoah River PCB TMDL (Main Stem)

Warren & Clarke

WV

PCBs

179.38

G/YR

18.

Cockran Spring

Benthic TMDL Reports for Six Impaired Stream Segments in the Potomac-Shenandoah and James River Basins

Augusta

B10R

Organic Solids solids

1,556.00

LB/YR

19.

Lacey Spring

Benthic TMDL Reports for Six Impaired Stream Segments in the Potomac-Shenandoah and James River Basins

Rockingham

B47R

Organic Solids solids

680.00

LB/YR

20.

Orndorff Spring

Benthic TMDL Reports for Six Impaired Stream Segments in the Potomac-Shenandoah and James River Basins

Shenandoah

B52R

Organic Solids solids

103.00

LB/YR

21.

Toms Brook

Benthic TMDL for Toms Brook in Shenandoah County, Virginia

Shenandoah

B50R

Sediment

8.1

T/YR

22.

Goose Creek

Benthic TMDLs for the Goose Creek Watershed

Loudoun, Fauquier

A08R

Sediment

1,587

T/YR

23.

Little River

Benthic TMDLs for the Goose Creek Watershed

Loudoun

A08R

Sediment

105

T/YR

24.

Christians Creek

Fecal Bacteria and General Standard Total Maximum Daily Load Development for Impaired Streams in the Middle River and Upper South River Watersheds, Augusta County, VA

Augusta

B14R

Sediment

145

T/YR

25.

Moffett Creek

Fecal Bacteria and General Standard Total Maximum Daily Load Development for Impaired Streams in the Middle River and Upper South River Watersheds, Augusta County, VA

Augusta

B13R

Sediment

0

T/YR

26.

Upper Middle River

Fecal Bacteria and General Standard Total Maximum Daily Load Development for Impaired Streams in the Middle River and Upper South River Watersheds, Augusta County, VA

Augusta

B10R

Sediment

1.355

T/YR

27.

Mossy Creek

Total Maximum Daily Load Development for Mossy Creek and Long Glade Run: Bacteria and General Standard (Benthic) Impairments

Rockingham

B19R

Sediment

0.04

T/YR

28.

Smith Creek

Total Maximum Daily Load (TMDL) Development for Smith Creek

Rockingham, Shenandoah

B47R

Sediment

353,867

LB/YR

29.

Abrams Creek

Opequon Watershed TMDLs for Benthic Impairments: Abrams Creek and Lower Opequon Creek, Frederick and Clarke counties, Virginia

Frederick

B09R

Sediment

478

T/YR

30.

Lower Opequon Creek

Opequon Watershed TMDLs for Benthic Impairments: Abrams Creek and Lower Opequon Creek, Frederick and Clarke counties, Virginia

Frederick, Clarke

B09R

Sediment

1,039

T/YR

31.

Mill Creek

Mill Creek Sediment TMDL for a Benthic Impairment, Shenandoah County, Virginia

Shenandoah

B48R

Sediment

0.9

T/YR

32.

South Run

Benthic TMDL Development for South Run, Virginia

Fauquier

A19R

Phosphorus

0.038

T/YR

33.

Lewis Creek

Total Maximum Daily Load Development for Lewis Creek, General Standard (Benthic)

Augusta

B12R

Sediment

40

T/YR

34.

Lewis Creek

Total Maximum Daily Load Development for Lewis Creek, General Standard (Benthic)

Augusta

B12R

Lead

0

KG/YR

35.

Lewis Creek

Total Maximum Daily Load Development for Lewis Creek, General Standard (Benthic)

Augusta

B12R

PAHs

0

KG/YR

36.

Bull Run

Total Maximum Daily Load Development for Lewis Creek, General Standard (Benthic)

Loudoun, Fairfax, and Prince William counties, and the Cities of Manassas and Manassas Park

A23R-01

Sediment

5,986.8

T/TR

37.

Popes Head Creek

Total Maximum Daily Load Development for Lewis Creek, General Standard (Benthic)

Fairfax County and Fairfax City

A23R-02

Sediment

1,594.2

T/YR

38.

Accotink Bay

PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries

Fairfax

A15R

PCBs

0.0992

G/YR

39.

Aquia Creek

PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries

Stafford

A28E

PCBs

6.34

G/YR

40.

Belmont Bay/
Occoquan Bay

PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries

Prince William

A25E

PCBs

0.409

G/YR

41.

Chopawamsic Creek

PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries

Prince William

A26E

PCBs

1.35

G/YR

42.

Coan River

PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries

Northumberland

A34E

PCBs

0

G/YR

43.

Dogue Creek

PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries

Fairfax

A14E

PCBs

20.2

G/YR

44.

Fourmile Run

PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries

Arlington

A12E

PCBs

11

G/YR

45.

Gunston Cove

PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries

Fairfax

A15E

PCBs

0.517

G/YR

46.

Hooff Run & Hunting Creek

PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries

Fairfax

A13E

PCBs

36.8

G/YR

47.

Little Hunting Creek

PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries

Fairfax

A14E

PCBs

10.1

G/YR

48.

Monroe Creek

PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries

Fairfax

A31E

PCBs

.0177

G/YR

49.

Neabsco Creek

PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries

Prince William

A25E

PCBs

6.63

G/YR

50.

Occoquan River

PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries

Prince William

A25E

PCBs

2.86

G/YR

51.

Pohick Creek/Pohick Bay

PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries

Fairfax

A16E

PCBs

13.5

G/YR

52.

Potomac Creek

PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries

Stafford

A29E

PCBs

0.556

G/YR

53.

Potomac River, Fairview Beach

PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries

King George

A29E

PCBs

0.0183

G/YR

54.

Powells Creek

PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries

Prince William

A26R

PCBs

0.0675

G/YR

55.

Quantico Creek

PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries

Prince William

A26R

PCBs

0.742

G/YR

56.

Upper Machodoc Creek

PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries

King George

A30E

PCBs

0.0883

G/YR

57.

Difficult Creek

Benthic TMDL Development for Difficult Run, Virginia

Fairfax

A11R

Sediment

3,663.2

T/YR

58.

Abrams Creek

Opequon Watershed TMDLs for Benthic Impairments

Frederick and Clark

B09R

Sediment

1039

T/YR

59.

Lower Opequon

Opequon Watershed TMDLs for Benthic Impairments

Frederick and Clark

B09R

Sediment

1039

T/YR

60.

South River

Bacteria and Benthic Total Maximum Daily Load Development for South River

Augusta and Rockingham

B32R

Sediment

619.4

T/YR

61.

South River

Bacteria and Benthic Total Maximum Daily Load Development for South River

Augusta and Rockingham

B32R

Phosphorus

6,929.9

KG/YR

62.

South River

Total Maximum Daily Load Development for Mercury in the South River, South Fork Shenandoah River, and Shenandoah River, Virginia

Augusta, Rockingham, Page, and Warren

B32R

Mercury

112

G/YR

63.

South Fork Shenandoah River

Total Maximum Daily Load Development for Mercury in the South River, South Fork Shenandoah River, and Shenandoah River, Virginia

Augusta, Rockingham, Page, and Warren

B32R, B33R

Mercury

112

G/YR

64.

Shenandoah River

Total Maximum Daily Load Development for Mercury in the South River, South Fork Shenandoah River, and Shenandoah River, Virginia

Augusta, Rockingham, Page, and Warren

B32R, B33R

Mercury

112

G/YR

65.

Spout Run

Total Maximum Daily Load Development to Address Bacteria and Benthic Impairments in the Spout Run Watershed, Clarke County, Virginia

Clarke

B57R

Sediment

7.44

T/YR

66.

West Strait Creek

Benthic Total Maximum Daily Load Development for Strait Creek and West Strait Creek

Highland

B02R

Sediment

0.02

T/D

67.

West Strait Creek

Benthic Total Maximum Daily Load Development for Strait Creek and West Strait Creek

Highland

B02R

CBOD5

11

KG/D

68.

West Strait Creek

Benthic Total Maximum Daily Load Development for Strait Creek and West Strait Creek

Highland

B02R

Dry season (June – December) ammonia as N

1.6

KG/D

69.

West Strait Creek

Benthic Total Maximum Daily Load Development for Strait Creek and West Strait Creek

Highland

B02R

Wet season (January – May) ammonia as N

2.9

KG/D

70.

Strait Creek

Benthic Total Maximum Daily Load Development for Strait Creek and West Strait Creek

Highland

B02R

Sediment

0.08

T/D

71.

Accotink Creek, lower

Bacteria TMDL for the Lower Accotink Creek Watershed

Fairfax

A15

E. coli

1.76E+12

cfu/year

72.

Accotink Creek

Fecal Coliform TMDL for Accotink Creek

Fairfax, Fairfax City

A15

Fecal coliform

1.30E+14

cfu/year

73.

Beaver Creek

Bacteria Total Maximum Daily Load Development for Beaver Creek

Rockingham

B18

E. coli

1.22E+10

cfu/year

74.

Blacks Run

Fecal Coliform TMDL for Blacks Run

Harrisonburg

B26

Fecal coliform

5.52E+09

cfu/year

75.

North Fork Catoctin Creek

Fecal Coliform TMDL Development for Catoctin Creek Impairments

Loudoun

A02

Fecal coliform

0

cfu/year

76.

Lower South Fork Catoctin Creek

Fecal Coliform TMDL Development for Catoctin Creek Impairments

Loudoun

A02

Fecal coliform

1.60E+11

cfu/year

77.

Upper South Fork Catoctin Creek

Fecal Coliform TMDL Development for Catoctin Creek Impairments

Loudoun

A02

Fecal coliform

4.42E+11

cfu/year

78.

Catoctin Creek

Fecal Coliform TMDL Development for Catoctin Creek Impairments

Loudoun

A02

Fecal coliform

0

cfu/year

79.

Licking Run

Bacteria TMDLs for Cedar Run and Licking Run

Fauquier

A17

E. coli

2.61E+09

cfu/year

80.

Cedar Run

Bacteria TMDLs for Cedar Run and Licking Run

Prince William, Fauquier

A17, A18

E. coli

5.58E+11

cfu/year

81.

Christians Creek

Fecal Coliform TMDL for Christians Creek

Augusta

B14

Fecal coliform

1.18E+13

cfu/year

82.

Coan River (145G)

Coan River Watershed Total Maximum Daily Load Report for Six Shellfish Areas Listed Due to Bacteria Contamination

Northumberland

A34

Fecal coliform

0

cfu/year

83.

Coan River, Headly Cove (145H)

Coan River Watershed Total Maximum Daily Load Report for Six Shellfish Areas Listed Due to Bacteria Contamination

Northumberland

A34

Fecal coliform

0

cfu/year

84.

Coan River, Killneck Creek (145E)

Coan River Watershed Total Maximum Daily Load Report for Six Shellfish Areas Listed Due to Bacteria Contamination

Northumberland

A34

Fecal coliform

0

cfu/year

85.

Coan River, Stevens Point (145F)

Coan River Watershed Total Maximum Daily Load Report for Six Shellfish Areas Listed Due to Bacteria Contamination

Northumberland

A34

Fecal coliform

0

cfu/year

86.

Mill Creek and the Coan River (145I)

Coan River Watershed Total Maximum Daily Load Report for Six Shellfish Areas Listed Due to Bacteria Contamination

Northumberland

A34

Fecal coliform

0

cfu/year

87.

The Glebe (145D)

Coan River Watershed Total Maximum Daily Load Report for Six Shellfish Areas Listed Due to Bacteria Contamination

Northumberland

A34

Fecal coliform

0

cfu/year

88.

Bridgeman Creek

Cod, Presley, Bridgeman, Hull, Rogers, Cubitt, and Hack Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution

Northumberland

A34

Fecal coliform

7.70E+08

MPN/day

89.

Cod Creek, east

Cod, Presley, Bridgeman, Hull, Rogers, Cubitt, and Hack Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution

Northumberland

A34

Fecal coliform

9.06E+08

MPN/day

90.

Rogers Creek

Cod, Presley, Bridgeman, Hull, Rogers, Cubitt, and Hack Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution

Northumberland

A34

Fecal coliform

9.83E+08

MPN/day

91.

Cod Creek, west

Cod, Presley, Bridgeman, Hull, Rogers, Cubitt, and Hack Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution

Northumberland

A34

Fecal coliform

1.53E+09

MPN/day

92.

Presley Creek

Cod, Presley, Bridgeman, Hull, Rogers, Cubitt, and Hack Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution

Northumberland

A34

Fecal coliform

3.63E+09

MPN/day

93.

Hack Creek

Cod, Presley, Bridgeman, Hull, Rogers, Cubitt, and Hack Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution

Northumberland

A34

Fecal coliform

3.00E+09

MPN/day

94.

Cubitt Creek

Cod, Presley, Bridgeman, Hull, Rogers, Cubitt, and Hack Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution

Northumberland

A34

Fecal coliform

4.25E+09

MPN/day

95.

Hull Creek

Cod, Presley, Bridgeman, Hull, Rogers, Cubitt, and Hack Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution

Northumberland

A34

Fecal coliform

1.27E+10

MPN/day

96.

Cooks Creek

Total Maximum Daily Load (TMDL) Development for Cooks Creek

Rockingham, Harrisonburg

B25, B26

Fecal coliform

0

cfu/year

97.

Cub Run

Bacteria Total Maximum Daily Load for Cub Run

Rockingham

B34

E. coli

1.74E+10

cfu/year

98.

Difficult Run

Bacteria TMDL for the Difficult Run Watershed

Fairfax

A11

E. coli

9.86E+12

cfu/year

99.

Dry River

Fecal Coliform TMDL for Dry River

Rockingham

B20, B21, B22

Fecal coliform

0

cfu/year

100.

Four Mile Run

Fecal Coliform TMDL (Total Maximum Daily Load) Development for Four Mile Run

Arlington, Alexandria

A12

Fecal coliform

2.04E+13

cfu/year

101.

Jackson Creek

Gardner, Jackson, and Bonum Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination

Westmoreland

A33

Fecal coliform

1.44E+09

MPN/day

102.

Gardner Creek

Gardner, Jackson, and Bonum Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination

Westmoreland

A33

Fecal coliform

1.96E+09

MPN/day

103.

Bonum Creek

Gardner, Jackson, and Bonum Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination

Westmoreland

A33

Fecal coliform

2.96E+09

MPN/day

104.

Little River

Bacteria TMDLs for the Goose Creek Watershed

Fauquier

A08

Fecal coliform

1.38E+10

cfu/year

105.

South Fork Sycolin Creek

Bacteria TMDLs for the Goose Creek Watershed

Loudoun

A08

Fecal coliform

1.41E+10

cfu/year

106.

Sycolin Creek

Bacteria TMDLs for the Goose Creek Watershed

Loudoun

A08

Fecal coliform

2.79E+10

cfu/year

107.

Cromwells Run

Bacteria TMDLs for the Goose Creek Watershed

Fauquier

A05

Fecal coliform

9.80E+10

cfu/year

108.

Beaverdam Creek

Bacteria TMDLs for the Goose Creek Watershed

Loudoun

A07

Fecal coliform

1.21E+12

cfu/year

109.

North Fork Goose Creek

Bacteria TMDLs for the Goose Creek Watershed

Loudoun

A06

Fecal coliform

3.11E+13

cfu/year

110.

Goose Creek and tributaries

Bacteria TMDLs for the Goose Creek Watershed

Loudoun, Fauquier

A04, A05, A06, A07, A08

Fecal coliform

3.88E+13

cfu/year

111.

Hawksbill Creek

Total Maximum Daily Load Development for Hawksbill Creek

Page

B39

E. coli

3.13E+12

cfu/year

112.

Hogue Creek

Total Maximum Daily Load Development for Bacteria (E. coli) Impairment in Hogue Creek

Frederick

B06

E. coli

6.58E+11

cfu/year

113.

Holmans Creek

Fecal Coliform TMDL Development for Holmans Creek

Shenandoah

B45

Fecal coliform

3.20E+10

cfu/year

114.

Holmes Run

Bacteria TMDLs for the Hunting Creek, Cameron Run, and Holmes Run Watersheds

Fairfax, Alexandria, Falls Church

A13

E. coli

8.38E+13

cfu/year

115.

Cameron Run

Bacteria TMDLs for the Hunting Creek, Cameron Run, and Holmes Run Watersheds

Fairfax, Alexandria, Falls Church

A13

E. coli

1.33E+14

cfu/year

116.

Hunting Creek

Bacteria TMDLs for the Hunting Creek, Cameron Run, and Holmes Run Watersheds

Fairfax, Alexandria, Falls Church

A13

E. coli

3.24E+14

cfu/year

117.

Limestone Branch

Bacteria TMDL for Limestone Branch

Loudoun

A03

E. coli

5.83E+11

cfu/year

118.

Linville Creek

Total Maximum Daily Load Development for Linville Creek: Bacteria and General Standard (Benthic) Impairments

Rockingham

B46

E. coli

1.10E+11

cfu/year

119.

Bridge Creek (10-9X)

Little Wicomico River Watershed TMDL for Three Shellfish Areas Listed Due to Bacteria Contamination

Northumberland

A34

E. coli

0

cfu/year

120.

Little Wicomico River (10-19)

Little Wicomico River Watershed TMDL for Three Shellfish Areas Listed Due to Bacteria Contamination

Northumberland

A34

E. coli

0

cfu/year

121.

Little Wicomico River (10-20)

Little Wicomico River Watershed TMDL for Three Shellfish Areas Listed Due to Bacteria Contamination

Northumberland

A34

E. coli

0

cfu/year

122.

Little Wicomico River, Cod Creek (10-13.5Z)

Little Wicomico River Watershed TMDL for Three Shellfish Areas Listed Due to Bacteria Contamination

Northumberland

A34

E. coli

0

cfu/year

123.

Branson Cove

Lower Machodoc Creek Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination

Westmoreland

A32

Fecal coliform

4.11E+08

MPN/day

124.

Cabin Point Creek

Lower Machodoc Creek Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination

Westmoreland

A32

Fecal coliform

1.93E+09

MPN/day

125.

Glebe and Ames Creeks

Lower Machodoc Creek Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination

Westmoreland

A32

Fecal coliform

2.13E+09

MPN/day

126.

Lower Machodoc Creek

Lower Machodoc Creek Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination

Westmoreland

A32

Fecal coliform

9.67E+09

MPN/day

127.

Weatherall Creek

Lower Machodoc Creek Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination

Westmoreland

A32

Fecal coliform

9.95E+08

MPN/day

128.

Mattox Creek

Fecal Bacteria Total Maximum Daily Load Development for Mattox Creek

Westmoreland, King George

A31

E. coli

2.20E+06

cfu/year

129.

Mattox Creek

Fecal Bacteria Total Maximum Daily Load Development for Mattox Creek

Westmoreland, King George

A31

Enterococci

1.26E+10

cfu/year

130.

Mattox Creek tidal (shellfish)

Fecal Bacteria Total Maximum Daily Load Development for Mattox Creek

Westmoreland, King George

A31

Fecal coliform

5.03E+09

cfu/year

131.

Moffett Creek

Fecal Bacteria and General Standard Total Maximum Daily Load Development for Impaired Streams in the Middle River and Upper South River Watersheds

Augusta

B13

E. coli

0

cfu/year

132.

Polecat Draft

Fecal Bacteria and General Standard Total Maximum Daily Load Development for Impaired Streams in the Middle River and Upper South River Watersheds

Augusta

B15

E. coli

0

cfu/year

133.

Lewis Creek

Fecal Bacteria and General Standard Total Maximum Daily Load Development for Impaired Streams in the Middle River and Upper South River Watersheds

Staunton

B12

E. coli

3.48E+09

cfu/year

134.

Upper Middle River

Fecal Bacteria and General Standard Total Maximum Daily Load Development for Impaired Streams in the Middle River and Upper South River Watersheds

Augusta

B10, B11

E. coli

8.53E+09

cfu/year

135.

Upper South River

Fecal Bacteria and General Standard Total Maximum Daily Load Development for Impaired Streams in the Middle River and Upper South River Watersheds

Augusta

B30

E. coli

1.06E+11

cfu/year

136.

Lower Middle River watershed

Fecal Bacteria and General Standard Total Maximum Daily Load Development for Impaired Streams in the Middle River and Upper South River Watersheds

Augusta, Staunton

B10, B11, B12, B13, B14, B15

E. coli

1.24E+13

cfu/year

137.

Mill Creek

Total Maximum Daily Load Development Mill Creek Bacteria (E. coli) Impairment

Page

B38

E. coli

0

cfu/year

138.

Mill Creek

Total Maximum Daily Load (TMDL) Development for Mill Creek and Pleasant Run

Rockingham

B29

Total phosphorus

116

lbs/year

139.

Mill Creek and tributaries

Fecal coliform TMDL for Mill Creek Watershed

Rockingham

B29

Fecal coliform

0

cfu/year

140.

Mill Creek including unnamed tributary to Kissinger Millpond and Kissinger Millpond

Bacteria TMDL for (nontidal) Mill Creek including Un-named Tributary to Kissinger Millpond, and Kissinger Millpond

Northumberland

A33

E. coli

5.91E+10

cfu/year

141.

Monroe Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Monroe Bay: Monroe Creek

Westmoreland

A31

Fecal coliform

N/A2

MPN/day

142.

Mossy Creek

Total Maximum Daily Load Development for Mossy Creek and Long Glade Run: Bacteria and General Standard (Benthic) Impairments

Augusta

B19

E. coli

1.74E+09

cfu/year

143.

Long Glade Creek

Total Maximum Daily Load Development for Mossy Creek and Long Glade Run: Bacteria and General Standard (Benthic) Impairments

Augusta

B24

E. coli

5.23E+09

cfu/year

144.

Muddy Creek

Fecal coliform TMDL for Muddy Creek

Rockingham

B22

Fecal coliform

3.04E+11

cfu/year

145.

Naked Creek

Fecal coliform TMDL for Naked Creek

Augusta

B28

Fecal coliform

5.54E+09

cfu/year

146.

Neabsco Creek

Bacteria TMDL for Neabsco Creek

Prince William

A25

E. coli

1.27E+12

cfu/day

147.

Barnes Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Potomac River: Nomini Creek

Westmoreland

A32

Fecal coliform

N/A2

MPN/day

148.

Buckner Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Potomac River: Nomini Creek

Westmoreland

A32

Fecal coliform

N/A2

MPN/day

149.

Cold Harbor Bay

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Potomac River: Nomini Creek

Westmoreland

A32

Fecal coliform

N/A2

MPN/day

150.

Currioman Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Potomac River: Nomini Creek

Westmoreland

A32

Fecal coliform

N/A2

MPN/day

151.

Nomini Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Potomac River: Nomini Creek

Westmoreland

A32

Fecal coliform

N/A2

MPN/day

152.

North Prong Buckner Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Potomac River: Nomini Creek

Westmoreland

A32

Fecal coliform

N/A2

MPN/day

153.

Pierce Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Potomac River: Nomini Creek

Westmoreland

A32

Fecal coliform

N/A2

MPN/day

154.

Mill Creek

Bacteria Total Maximum Daily Load Development for Mill Creek, Stony Creek, and the North Fork of the Shenandoah River

Shenandoah

B48

E. coli

8.80E+09

cfu/year

155.

Stony Creek

Bacteria Total Maximum Daily Load Development for Mill Creek, Stony Creek, and the North Fork of the Shenandoah River

Shenandoah

B49

E. coli

4.42E+12

cfu/year

156.

North Fork Shenandoah River

Bacteria Total Maximum Daily Load Development for Mill Creek, Stony Creek, and the North Fork of the Shenandoah River

Frederick, Rockingham, Shenandoah

B42, B43, B44, B45, B46, B47, B48, B49, B50, B51, B52, B53, B54

E. coli

1.02E+13

cfu/year

157.

North River

Bacteria Total Maximum Daily Load Development for North River

Augusta, Staunton, Rockingham, Harrisonburg

B10, B11, B12, B13, B14, B15, B16, B17, B18, B19, B20, B21, B22, B23, B24, B25, B26, B27, B28, B29

E. coli

5.32E+13

cfu/year

158.

Broad Run (3) (VAN-A19R-05)

Bacteria TMDLs for Popes Head Creek, Broad Run, Kettle Run, South Run, Little Bull Run, Bull Run and Occoquan River

Prince William, Fauquier

A19

E. coli

2.35E+10

cfu/year

159.

Little Bull Run

Bacteria TMDLs for Popes Head Creek, Broad Run, Kettle Run, South Run, Little Bull Run, Bull Run and Occoquan River

Prince William

A21

E. coli

3.29E+10

cfu/year

160.

Broad Run (2) (VAN-A19R-02)

Bacteria TMDLs for Popes Head Creek, Broad Run, Kettle Run, South Run, Little Bull Run, Bull Run and Occoquan River

Fauquier

A19

E. coli

1.36E+11

cfu/year

161.

Occoquan River

Bacteria TMDLs for Popes Head Creek, Broad Run, Kettle Run, South Run, Little Bull Run, Bull Run and Occoquan River

Manassas, Fauquier, Prince William

A17, A18, A19, A20

E. coli

2.29E+11

cfu/year

162.

South Run

Bacteria TMDLs for Popes Head Creek, Broad Run, Kettle Run, South Run, Little Bull Run, Bull Run and Occoquan River

Fauquier

A19

E. coli

4.32E+11

cfu/year

163.

Broad Run (1) (VAN-A19R-01)

Bacteria TMDLs for Popes Head Creek, Broad Run, Kettle Run, South Run, Little Bull Run, Bull Run and Occoquan River

Fauquier

A19

E. coli

5.84E+11

cfu/year

164.

Popes Head Creek

Bacteria TMDLs for Popes Head Creek, Broad Run, Kettle Run, South Run, Little Bull Run, Bull Run and Occoquan River

Fairfax

A23

E. coli

7.12E+11

cfu/year

165.

Kettle Run

Bacteria TMDLs for Popes Head Creek, Broad Run, Kettle Run, South Run, Little Bull Run, Bull Run and Occoquan River

Prince William

A19

E. coli

8.30E+12

cfu/year

166.

Bull Run

Bacteria TMDLs for Popes Head Creek, Broad Run, Kettle Run, South Run, Little Bull Run, Bull Run and Occoquan River

Manassas Park, Prince William, Fairfax, Loudoun

A21, A22, A23

E. coli

1.11E+14

cfu/year

167.

Abrams Creek

Bacteria TMDLs for Abrams Creek and Upper and Lower Opequon Creek

Frederick, Winchester

B09

E. coli

3.10E+12

cfu/year

168.

Upper Opequon Creek watershed

Bacteria TMDLs for Abrams Creek and Upper and Lower Opequon Creek

Frederick

B08

E. coli

1.13E+13

cfu/year

169.

Lower Opequon Creek watershed and tributaries

Bacteria TMDLs for Abrams Creek and Upper and Lower Opequon Creek

Frederick, Clarke, Winchester

B08, B09

E. coli

2.13E+13

cfu/year

170.

Piney Run

Bacteria TMDL for Piney Run

Loudoun

A01

E. coli

3.48E+09

cfu/year

171.

Pleasant Run

Fecal coliform TMDL for Pleasant Run

Rockingham

B27

Fecal coliform

0

cfu/year

172.

Popes Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Potomac River: Mattox Creek to Currioman Bay

Westmoreland

A31

Fecal coliform

N/A2

MPN/day

173.

Potomac Run

Bacteria Total Maximum Daily Load Development for Tributaries to the Potomac River: Prince William and Stafford Counties

Stafford

A29

E. coli

1.77E+11

cfu/year

174.

Potomac River, unnamed tributary

Bacteria Total Maximum Daily Load Development for Tributaries to the Potomac River: Prince William and Stafford Counties

Stafford

A26

E. coli

3.92E+11

cfu/year

175.

Chopawamsic Creek, North Branch

Bacteria Total Maximum Daily Load Development for Tributaries to the Potomac River: Prince William and Stafford Counties

Prince William

A26

E. coli

4.01E+11

cfu/year

176.

Potomac Creek

Bacteria Total Maximum Daily Load Development for Tributaries to the Potomac River: Prince William and Stafford Counties

Stafford

A29

E. coli

7.35E+11

cfu/year

177.

Quantico Creek, South Fork

Bacteria Total Maximum Daily Load Development for Tributaries to the Potomac River: Prince William and Stafford Counties

Prince William

A26

E. coli

1.09E+12

cfu/year

178.

Accokeek Creek

Bacteria Total Maximum Daily Load Development for Tributaries to the Potomac River: Prince William and Stafford Counties

Stafford

A29

E. coli

3.18E+12

cfu/year

179.

Powells Creek

Bacteria Total Maximum Daily Load Development for Tributaries to the Potomac River: Prince William and Stafford Counties

Prince William

A26

E. coli

3.18E+12

cfu/year

180.

Quantico Creek

Bacteria Total Maximum Daily Load Development for Tributaries to the Potomac River: Prince William and Stafford Counties

Prince William

A26

E. coli

3.75E+12

cfu/year

181.

Austin Run

Bacteria Total Maximum Daily Load Development for Tributaries to the Potomac River: Prince William and Stafford Counties

Stafford

A28

E. coli

3.14E+13

cfu/year

182.

Rosier Creek

Bacteria TMDL for Rosier Creek Watershed

King George

A31

Fecal coliform

N/A2

MPN/day

183.

Smith Creek

Total Maximum Daily Load Development for Smith Creek

Shenandoah, Rockingham

B47

E. coli

8.53E+11

cfu/year

184.

South Fork Shenandoah River

Bacteria TMDL Development and Benthic Stressor Analysis for South Fork Shenandoah River

Augusta, Staunton, Rockingham, Harrisonburg, Page, Warren, Waynesboro

B10, B11, B12, B13, B14, B15, B16, B17, B18, B19, B20, B21, B22, B23, B24, B25, B26, B27, B28, B29, B30, B31, B32, B33, B34, B35, B36, B37, B38, B39, B40, B41

E. coli

1.43E+14

cfu/year

185.

South River

Bacteria and Benthic Total Maximum Daily Load Development for South River

Augusta, Waynesboro

B30, B31, B32

E. coli

1.13E+14

cfu/year

186.

Page Brook

Total Maximum Daily Load Developments to Address Bacteria and Benthic Impairments in the Spout Run Watershed

Clarke

B57

E. coli

2.18E+11

cfu/year

187.

Roseville Run

Total Maximum Daily Load Developments to Address Bacteria and Benthic Impairments in the Spout Run Watershed

Clarke

B57

E. coli

3.05E+11

cfu/year

188.

Spout Run

Total Maximum Daily Load Developments to Address Bacteria and Benthic Impairments in the Spout Run Watershed

Clarke

B57

E. coli

5.22E+11

cfu/year

189.

Mine Run

Bacteria TMDL Development for Tributaries to the Potomac River: Sugarland Run, Mine Run, and Pimmit Run

Fairfax

A11

E. coli

1.22E+11

cfu/year

190.

Pimmit Run

Bacteria TMDL Development for Tributaries to the Potomac River: Sugarland Run, Mine Run, and Pimmit Run

Arlington, Fairfax

A12

E. coli

1.17E+12

cfu/year

191.

Sugarland Run

Bacteria TMDL Development for Tributaries to the Potomac River: Sugarland Run, Mine Run, and Pimmit Run

Fairfax

A10

E. coli

4.78E+12

cfu/year

192.

Tidal Four Mile Run

Bacteria TMDL for the Tidal Four Mile Run

Arlington, Alexandria

A12

E. coli

1.42E+14

cfu/year

193.

Deep Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Upper Machodoc Creek

King George

A30

Fecal coliform

N/A2

MPN/day

194.

Upper Machodoc Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Upper Machodoc Creek

King George

A30

Fecal coliform

N/A2

MPN/day

195.

Williams Creek, Upper Machodoc Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Upper Machodoc Creek

King George

A30

Fecal coliform

N/A2

MPN/day

196.

Dungan Cove

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Yeocomico River

Northumberland

A33

Fecal coliform

N/A2

MPN/day

197.

Hampton Hall Branch

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Yeocomico River

Westmoreland

A33

Fecal coliform

N/A2

MPN/day

198.

Lodge Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Yeocomico River

Northumberland

A33

Fecal coliform

N/A2

MPN/day

199.

Mill Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Yeocomico River

Northumberland

A33

Fecal coliform

N/A2

MPN/day

200.

White Point Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Yeocomico River

Westmoreland

A33

Fecal coliform

N/A2

MPN/day

Notes:
1The total WLA can be increased prior to modification provided that DEQ tracks these changes for bacteria TMDLs where the permit is consistent with water quality standards for bacteria.

2There were no point source dischargers in the modeled TMDL area.

B. Non-TMDL waste load wasteload allocations.

Water Body

Permit No.

Facility Name

Outfall No.

Receiving Stream

River Mile

Parameter Description

WLA

Units WLA

VAV-B02R

VA0023281

Monterey STP

001

West Strait Creek

3.85

CBOD5

11.4

KG/D

VAV-B08R

VA0065552

Opequon Water Reclamation Facility

001

Opequon Creek

32.66

BOD5, JUN-NOV

207

KG/D

AKA Winchester - Frederick Regional

CBOD5, DEC-MAY

1514

KG/D

VAV-B14R

VA0025291

Fishersville Regional STP

001

Christians Creek

12.36

BOD5

182

KG/D

VAV-B23R

VA0060640 7.23.04

North River WWTF AKA Harrisonburg - Rockingham Reg. Sewer Auth.

001

North River

15.01

CBOD5, JAN-MAY

700

KG/D

CBOD5, JUN-DEC

800

TKN, JUN-DEC

420

TKN, JAN-MAY

850

VAV-B32R

VA0002160

INVISTA - Waynesboro Formerly Dupont - Waynesboro

001

South River

25.3

BOD5

272

KG/D

VAV-B32R

VA0025151

Waynesboro STP

001

South River

23.54

CBOD5

227

KG/D

CBOD5, JUN-OCT

113.6

KG/D

VAV-B32R

VA0028037

Skyline Swannanoa STP

001

South River UT

2.96

BOD5

8.5

KG/D

VAV-B35R

VA0024732

Massanutten Public Service STP

001

Quail Run

5.07

BOD5

75.7

KG/D

VAV-B37R

VA0002178

Merck & Company

001

S.F. Shenandoah River

88.09

BOD5

1570

KG/D

AMMONIA, AS N

645.9

KG/D

VAV-B49R

VA0028380

Stoney Creek Sanitary District STP

001

Stoney Creek

19.87

BOD5, JUN-NOV

29.5

KG/D

VAV-B53R

VA0020982

Middletown STP

001

Meadow Brook

2.19

CBOD5

24.0

KG/D

VAV-B58R

VA0020532

Berryville STP

001

Shenandoah River

24.23

CBOD5

42.6

KG/D

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

Virginia Waterbody ID

Discharger Name

VPDES Permit No.

Total Nitrogen (TN) Waste Load Wasteload Allocation (lbs/yr)

Total Phosphorus (TP) Waste Load Wasteload Allocation (lbs/yr)

B37R

Coors Brewing Company

VA0073245

54,820

4,112

B14R

Fishersville Regional STP

VA0025291

48,729

3,655

B32R

INVISTA - Waynesboro (Outfall 101)

VA0002160

78,941

1,009

B39R

Luray STP

VA0062642

19,492

1,462

B35R

Massanutten PSA STP

VA0024732

18,273

1,371

B37R

Merck - Stonewall WWTP (Outfall 101) (9)9

VA0002178

43,835

4,384

B12R

Middle River Regional STP

VA0064793

82,839

6,213

B23R

North River WWTF (2)2

VA0060640

253,391

19,004

B22R

VA Poultry Growers -Hinton

VA0002313

27,410

1,371

B38R

Pilgrims Pride - Alma

VA0001961

18,273

914

B31R

Stuarts Draft WWTP

VA0066877

48,729

3,655

B32R

Waynesboro STP

VA0025151

48,729

3,655

B23R

Weyers Cave STP

VA0022349

6,091

457

B58R

Berryville STP

VA0020532

8,528

640

B55R

Front Royal STP

VA0062812

48,729

3,655

B49R

Georges Chicken LLC

VA0077402

31,065

1,553

B48R

Mt. Jackson STP (3)3

VA0026441

8,528

640

B45R

New Market STP

VA0022853

6,091

457

B45R

North Fork (SIL) WWTF

VA0090263

23,390

1,754

B49R

Stoney Creek SD STP

VA0028380

7,309

548

B50R

North Fork Regional WWTP (1)1

VA0090328

9,137

685

B51R

Strasburg STP

VA0020311

11,939

895

B50R

Woodstock STP

VA0026468

24,364

1,827

A06R

Basham Simms WWTF (4)4

VA0022802

18,273

1,371

A09R

Broad Run WRF (5)5

VA0091383

134,005

3,350

A08R

Leesburg WPCF

MD0066184

121,822

9,137

A06R

Round Hill Town WWTF

VA0026212

9,137

685

A25R

DSC - Section 1 WWTF (6) 6

VA0024724

42,029

2,522

A25R

DSC - Section 8 WWTF (7)7

VA0024678

42,029

2,522

A25E

H L Mooney WWTF

VA0025101

219,280

13,157

A22R

UOSA - Centreville

VA0024988

1,315,682

16,446

A19R

Vint Hill WWTF

VA0020460

11,573

868

B08R

Opequon WRF (10)10

VA0065552

121,851

11,512

B08R

Parkins Mills STP (8)8

VA0075191

60,911

4,568

A13E

Alexandria SA WWTF

VA0025160

493,381

29,603

A12E

Arlington County Water PCF

VA0025143

365,467

21,928

A16R

Noman M Cole Jr PCF

VA0025364

612,158

36,729

A12R

Blue Plains (VA Share)

DC0021199

581,458

26,166

A26R

Quantico WWTF

VA0028363

20,101

1,206

A28R

Aquia WWTF

VA0060968

73,093

4,386

A31E

Colonial Beach STP

VA0026409

18,273

1,827

A30E

Dahlgren WWTF

VA0026514

9,137

914

A29E

Fairview Beach

MD0056464

1,827

183

A30E

US NSWC-Dahlgren WWTF

VA0021067

6,578

658

A31R

Purkins Corner STP

VA0070106

1,096

110

TOTALS:

5,156,169

246,635

NOTE Notes:

(1)1Shenandoah Co. - North Fork Regional WWTP waste load: wasteload allocations (WLAs) based on a design flow capacity of 0.75 million gallons per day (MGD). If plant is not certified to operate at 0.75 MGD design flow capacity by December 31, 2010, the WLAs will be deleted and facility removed from Significant Discharger List.

(2)2Harrisonburg-Rockingham Regional S.A.-North River STP: waste load wasteload allocations (WLAs) based on a design flow capacity of 20.8 million gallons per day (MGD). If plant is not certified to operate at 20.8 MGD design flow capacity by December 31, 2011, the WLAs will decrease to TN = 194,916 lbs/yr; TP = 14,619 lbs/yr, based on a design flow capacity of 16.0 MGD.

(3)3Mount Jackson STP: waste load wasteload allocations (WLAs) based on a design flow capacity of 0.7 million gallons per day (MGD). If plant is not certified to operate at 0.7 MGD design flow capacity by December 31, 2010, the WLAs will decrease to TN = 7,309 lbs/yr; TP = 548 lbs/yr, based on a design flow capacity of 0.6 MGD.

(4)4Purcellville-Basham Simms STP: waste load wasteload allocations (WLAs) based on a design flow capacity of 1.5 million gallons per day (MGD). If plant is not certified to operate at 1.5 MGD design flow capacity by December 31, 2010, the WLAs will decrease to TN = 12,182 lbs/yr; TP = 914lbs/yr, based on a design flow capacity of 1.0 MGD.

(5)5Loudoun Co. S.A.-Broad Run WRF: waste load wasteload allocations (WLAs) based on a design flow capacity of 11.0 million gallons per day (MGD). If plant is not certified to operate at 11.0 MGD design flow capacity by December 31, 2010, the WLAs will decrease to TN = 121,822 lbs/yr; TP = 3,046 lbs/yr, based on a design flow capacity of 10.0 MGD.

(6)6Dale Service Corp.-Section 1 WWTF: waste load wasteload allocations (WLAs) based on a design flow capacity of 4.6 million gallons per day (MGD). If plant is not certified to operate at 4.6 MGD design flow capacity by December 31, 2010, the WLAs will decrease to TN = 36,547 lbs/yr; TP = 2,193 lbs/yr, based on a design flow capacity of 4.0 MGD.

(7)7Dale Service Corp.-Section 8 WWTF: waste load wasteload allocations (WLAs) based on a design flow capacity of 4.6 million gallons per day (MGD). If plant is not certified to operate at 4.6 MGD design flow capacity by December 31, 2010, the WLAs will decrease to TN = 36,547 lbs/yr; TP = 2,193 lbs/yr, based on a design flow capacity of 4.0 MGD.

(8)8Parkins Mill STP: waste load wasteload allocations (WLAs) based on a design flow capacity of 5.0 million gallons per day (MGD). If plant is not certified to operate at 5.0 MGD design flow capacity by December 31, 2010, the WLAs will decrease to TN = 36,547 lbs/yr; TP = 2,741 lbs/yr, based on a design flow capacity of 3.0 MGD.

(9)9Merck-Stonewall – (a) these waste load 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).

(10)10Opequon 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.

9VAC25-720-60. James River Basin.

A. Total maximum daily load loads (TMDLs).

TMDL #

Stream Name

TMDL Title

City/County

WBID

Pollutant

WLA1

Units

1.

Pheasanty Run

Benthic TMDL Reports for Six Impaired Stream Segments in the Potomac-Shenandoah and James River Basins

Bath

I14R

Organic Solids solids

1,231.00

LB/YR

2.

Wallace Mill Stream

Benthic TMDL Reports for Six Impaired Stream Segments in the Potomac-Shenandoah and James River Basins

Augusta

I32R

Organic Solids solids

2,814.00

LB/YR

3.

Montebello Sp. Branch

Benthic TMDL Reports for Six Impaired Stream Segments in the Potomac-Shenandoah and James River Basins

Nelson

H09R

Organic Solids solids

37.00

LB/YR

4.

Unnamed Tributary tributary to Deep Creek

General Standard Total Maximum Daily Load for Unnamed Tributary to Deep Creek

Nottoway

J11R

Raw Sewage sewage

0

GAL/YR

5.

Unnamed Tributary tributary to Chickahominy River

Total Maximum Daily Load (TMDL) Development for the Unnamed Tributary to the Chickahominy River

Hanover

G05R

Total Phosphorus phosphorus

409.35

LB/YR

6.

Rivanna River

Benthic TMDL Development for the Rivanna River Watershed

Albemarle, Greene, Nelson, Orange

H27R, H28R

Sediment

10,229

Lbs/Day

7.

Jackson River

Benthic TMDL Development for the Jackson River, Virginia

Alleghany, Bath, Highland

I04R, I09R

Total Phosphorus phosphorus

72,955

LB/GS12

8.

Jackson River

Benthic TMDL Development for the Jackson River, Virginia

Alleghany, Bath, Highland

I04R, I09R

Total Nitrogen nitrogen

220,134

LB/GS

9.

Little Calfpasture

Total Maximum Daily Load Development to Address a Benthic Impairment in the Little Calfpasture River, Rockbridge County, Virginia

Rockbridge

132R

Sediment

30.4

T/YR

10.

Phelps Branch

Phelps Branch Sediment TMDL Development Report for a Benthic Impairment in Appomattox County, Virginia

Appomattox

H06R

Sediment

115.7

T/YR

11.

Long Branch

Sediment TMDL Development Report for Benthic Impairments in Long Branch and Buffalo River in Amherst County, Virginia

Amherst

H11R

Sediment

16.2

T/YR

12.

Buffalo River

Sediment TMDL Development Report for Benthic Impairments in Long Branch and Buffalo River in Amherst County, Virginia

Amherst

H11R

Sediment

306.4

T/YR

13.

Chickahominy River

Benthic TMDL Development for Chickahominy River, Virginia

Hanover, Henrico

G05R

Sediment

294.03

T/YR

14.

Colliers Creek

Bacteria TMDL Development for Colliers Creek, North Fork Buffalo Creek, South Fork Buffalo Creek, Buffalo Creek, Maury River, and Cedar Creek and a Sediment TMDL Development for Colliers Creek

Rockbridge

138R

Sediment

103.4

T/YR

15.

Angola Creek (1) - VAC-J06R_ANG01A00

Total Maximum Daily Load Development for the Appomattox River Basin

Cumberland

J06

E. coli

0

cfu/year

16.

Angola Creek (2) - VAC-J06R_ANG02A00

Total Maximum Daily Load Development for the Appomattox River Basin

Cumberland

J06

E. coli

0

cfu/year

17.

Horsepen Creek

Total Maximum Daily Load Development for the Appomattox River Basin

Cumberland

J06

E. coli

0

cfu/year

18.

Little Sandy Creek

Total Maximum Daily Load Development for the Appomattox River Basin

Prince Edward

J03

E. coli

0

cfu/year

19.

Saylers Creek

Total Maximum Daily Load Development for the Appomattox River Basin

Prince Edward

J06

E. coli

0

cfu/year

20.

Spring Creek

Total Maximum Daily Load Development for the Appomattox River Basin

Prince Edward

J02

E. coli

0

cfu/year

21.

West Creek

Total Maximum Daily Load Development for the Appomattox River Basin

Amelia

J11

E. coli

0

cfu/year

22.

Briery Creek

Total Maximum Daily Load Development for the Appomattox River Basin

Prince Edward

J05

E. coli

3.50E+09

cfu/year

23.

Bush River (1) - VAC-J04R_BSR02A02

Total Maximum Daily Load Development for the Appomattox River Basin

Prince Edward

J04, J05

E. coli

3.50E+09

cfu/year

24.

Bush River (2) - VAC-J03R_BSR03A02

Total Maximum Daily Load Development for the Appomattox River Basin

Prince Edward

J03, J04, J05

E. coli

3.50E+09

cfu/year

25.

Swift Creek (1) - VAP-J16R_SFT01A00

Total Maximum Daily Load Development for the Appomattox River Basin

Chesterfield

J16

E. coli

8.37E+09

cfu/year

26.

Swift Creek (2) - VAP-J17R_SFT01B98

Total Maximum Daily Load Development for the Appomattox River Basin

Chesterfield

J16, J17

E. coli

3.24E+11

cfu/year

27.

Swift Creek (3) - VAP-J17R_SFT01C98

Total Maximum Daily Load Development for the Appomattox River Basin

Chesterfield

J16, J17

E. coli

4.76E+11

cfu/year

28.

Flat Creek

Total Maximum Daily Load Development for the Appomattox River Basin

Nottoway, Amelia

J08, J09

E. coli

5.24E+11

cfu/year

29.

Nibbs Creek

Total Maximum Daily Load Development for the Appomattox River Basin

Amelia

J09

E. coli

5.24E+11

cfu/year

30.

Deep Creek

Total Maximum Daily Load Development for the Appomattox River Basin

Nottoway

J11

E. coli

8.71E+11

cfu/year

31.

Appomattox River (1) - VAC-J01R_APP03A02, VAC-J01R_APP04A02, VAC-J01R_APP05A04, VAC-J06R_APP05A02, VAP-J07R_APP01A98, VAP-J10R_APP01A98

Total Maximum Daily Load Development for the Appomattox River Basin

Cumberland, Powhatan, Amelia, Prince Edward, Appomattox

J01, J02, J03, J04, J05, J06, J07

E. coli

1.07E+13

cfu/year

32.

Appomattox River (2), lower - VAP-J15R_APP01A98

Total Maximum Daily Load Development for the Appomattox River Basin

Chesterfield, Cumberland, Powhatan, Nottoway, Amelia, Dinwiddie, Prince Edward, Appomattox

J01, J02, J03, J04, J05, J06, J07, J08, J09, J10, J11, J12, J13, J14, J15

E. coli

1.66E+13

cfu/year

33.

Appomattox River and tributaries, lower tidal (3) - VAP-J15E_APP01A98, VAP-J15E_APP02A98, VAP-J15E_APP02B12

Total Maximum Daily Load Development for the Appomattox River Basin

Chesterfield, Cumberland, Nottoway, Petersburg, Amelia, Colonial Heights, Prince Edward, Appomattox

J01, J02, J03, J04, J05, J06, J07, J08, J09, J10, J11, J12, J13, J14, J15, J16, J17

E. coli

7.47E+13

cfu/year

34.

Bear Garden Creek

Bacteria Total Maximum Daily Load (TMDL) Development for the Bear Garden Creek Watershed

Buckingham

H20

E. coli

3.15E+08

cfu/day

35.

Stonewall Creek

Bacteria Total Maximum Daily Load Development for Bent Creek, North Creek, Stonewall Creek, Walkers Ford Creek, and Wreck Island Creek

Appomattox

H05

E. coli

9.28E+10

cfu/year

36.

Bent Creek

Bacteria Total Maximum Daily Load Development for Bent Creek, North Creek, Stonewall Creek, Walkers Ford Creek, and Wreck Island Creek

Appomattox

H07

E. coli

2.26E+11

cfu/year

37.

North Creek

Bacteria Total Maximum Daily Load Development for Bent Creek, North Creek, Stonewall Creek, Walkers Ford Creek, and Wreck Island Creek

Appomattox

H06

E. coli

2.96E+11

cfu/year

38.

Wreck Island Creek

Bacteria Total Maximum Daily Load Development for Bent Creek, North Creek, Stonewall Creek, Walkers Ford Creek, and Wreck Island Creek

Appomattox

H06

E. coli

8.76E+11

cfu/year

39.

Walkers Ford Creek

Bacteria Total Maximum Daily Load Development for Bent Creek, North Creek, Stonewall Creek, Walkers Ford Creek, and Wreck Island Creek

Amherst

H05

E. coli

8.90E+11

cfu/year

40.

Bleakhorn Creek

TMDL Report for Chesapeake Bay Shellfish Waters: Bleakhorn Creek, Bennett Creek, and Knotts Creek Bacterial Impairments

Suffolk

G13

Fecal coliform

2.66E+09

MPN/day

41.

Knotts Creek

TMDL Report for Chesapeake Bay Shellfish Waters: Bleakhorn Creek, Bennett Creek, and Knotts Creek Bacterial Impairments

Suffolk

G13

Fecal coliform

1.07E+10

MPN/day

42.

Bennett Creek

TMDL Report for Chesapeake Bay Shellfish Waters: Bleakhorn Creek, Bennett Creek, and Knotts Creek Bacterial Impairments

Suffolk

G13

Fecal coliform

6.37E+10

MPN/day

43.

Chickahominy River and tributaries

E. coli TMDL Development for Chickahomiy River and Tributaries

New Kent, Henrico, Charles City, Hanover

G05, G06, G07

E. coli

2.41E+12

cfu/year

44.

Chuckatuck Creek and Brewers Creek

Shellfish Bacteria Total Maximum Daily Load (TMDL) Development Chuckatuck Creek and Brewers Creek Watershed

Isle of Wight

G11

Fecal coliform

4.79E+11

MPN/day

45.

Paradise Creek

Bacteria Total Maximum Daily Load (TMDL) Development for the Elizabeth River Watershed

Portsmouth

G15

Enterococci

5.04E+11

cfu/day

46.

Lafayette River, upper

Bacteria Total Maximum Daily Load (TMDL) Development for the Elizabeth River Watershed

Norfolk

G15

Enterococci

1.05E+13

cfu/day

47.

Lower and Upper Western Branch, Elizabeth River

Bacteria Total Maximum Daily Load (TMDL) Development for the Elizabeth River Watershed

Chesapeake, Portsmouth

G15

Enterococci

2.00E+13

cfu/day

48.

Upper Mainstem, Lower Southern Branch, Lower Eastern Branch Elizabeth River, Broad Creek, Indian River

Bacteria Total Maximum Daily Load (TMDL) Development for the Elizabeth River Watershed

Chesapeake, Portsmouth, Norfolk

G15, K39

Enterococci

5.78E+13

cfu/day

49.

Fourmile Creek

Bacteria TMDL for Fourmile Creek

Henrico

G02

E. coli

3.99E+10

cfu/year

50.

Hardware River, North Fork

Bacteria Total Maximum Daily Load Development for North Fork Hardware River and Hardware River

Albemarle

H18

E. coli

3.50E+12

cfu/year

51.

Hardware River

Bacteria Total Maximum Daily Load Development for North Fork Hardware River and Hardware River

Fluvanna, Albemarle

H18, H19

E. coli

4.00E+12

cfu/year

52.

Walker Creek

Bacteria Total Maximum Daily Load Development for Hays Creek, Moffatts Creek, Walker Creek, and Otts Creek

Rockbridge

I34

E. coli

6.00E+10

cfu/year

53.

Otts Creek

Bacteria Total Maximum Daily Load Development for Hays Creek, Moffatts Creek, Walker Creek, and Otts Creek

Augusta

I34

E. coli

9.00E+10

cfu/year

54.

Hays Creek

Bacteria Total Maximum Daily Load Development for Hays Creek, Moffatts Creek, Walker Creek, and Otts Creek

Rockbridge

I34

E. coli

2.00E+11

cfu/year

55.

Hoffler Creek

Bacteria Total Maximum Daily Load (TMDL) Development for the Hoffler Creek Watershed

Portsmouth

G15

Enterococci

5.39E+11

cfu/day

56.

Powell Creek

Bacteria Total Maximum Daily Load Development for the James River - Hopewell to Westover

Prince George

G03

E. coli

6.12E+10

cfu/year

57.

Bailey Creek

Bacteria Total Maximum Daily Load Development for the James River - Hopewell to Westover

Prince George

G03

E. coli

1.62E+11

cfu/year

58.

Bailey Bay, Bailey Creek, Cattail Creek

Bacteria Total Maximum Daily Load Development for the James River - Hopewell to Westover

Prince George, Hopewell

G03

E. coli

8.47E+12

cfu/year

59.

James River

Bacteria Total Maximum Daily Load Development for the James River - Hopewell to Westover

Prince George, Charles City, Hopewell

G03

E. coli

8.67E+14

cfu/year

60.

Austin Creek

Total Maximum Daily Load Development for the James River Basin

Buckingham

H21

E. coli

1.62E+10

cfu/year

61.

Fisby Branch

Total Maximum Daily Load Development for the James River Basin

Buckingham

H21

E. coli

2.15E+10

cfu/year

62.

Rock Island Creek

Total Maximum Daily Load Development for the James River Basin

Buckingham

H17

E. coli

3.38E+10

cfu/year

63.

Slate River, upper

Total Maximum Daily Load Development for the James River Basin

Buckingham

H21

E. coli

4.22E+10

cfu/year

64.

Troublesome Creek

Total Maximum Daily Load Development for the James River Basin

Buckingham

H21

E. coli

5.23E+10

cfu/year

65.

North River

Total Maximum Daily Load Development for the James River Basin

Buckingham

H21

E. coli

5.52E+10

cfu/year

66.

Ballinger Creek

Total Maximum Daily Load Development for the James River Basin

Albemarle

H17

E. coli

5.75E+10

cfu/year

67.

Totier Creek

Total Maximum Daily Load Development for the James River Basin

Albemarle

H17

E. coli

1.62E+11

cfu/year

68.

Slate River, lower

Total Maximum Daily Load Development for the James River Basin

Buckingham

H21, H22

E. coli

3.19E+12

cfu/year

69.

Fine Creek

Total Maximum Daily Load Development for the James River and Tributaries - Lower Piedmont Region

Powhatan

H38

E. coli

3.66E+10

cfu/year

70.

Big Lickinghole Creek, Little Lickinghole Creek

Total Maximum Daily Load Development for the James River and Tributaries - Lower Piedmont Region

Goochland

H37

E. coli

7.94E+10

cfu/year

71.

Byrd Creek

Total Maximum Daily Load Development for the James River and Tributaries - Lower Piedmont Region

Goochland, Fluvanna

H34

E. coli

1.08E+11

cfu/year

72.

Upper James River

Total Maximum Daily Load Development for the James River and Tributaries - Lower Piedmont Region

Cumberland, Fluvanna, Powhatan, Goochland

H33, H34, H37

E. coli

3.50E+11

cfu/year

73.

Beaverdam Creek

Total Maximum Daily Load Development for the James River and Tributaries - Lower Piedmont Region

Goochland

H38

E. coli

1.60E+12

cfu/year

74.

Lower James River

Total Maximum Daily Load Development for the James River and Tributaries - Lower Piedmont Region

Cumberland, Fluvanna, Powhatan, Goochland

H33, H34, H37, H38

E. coli

8.20E+12

cfu/year

75.

No Name Creek

Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond

Chesterfield

G01

E. coli

4.66E+11

cfu/year

76.

Bernards Creek

Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond

Powhatan

H39

E. coli

1.67E+12

cfu/year

77.

Goode Creek

Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond

Richmond City

G01

E. coli

2.52E+12

cfu/year

78.

Gillies Creek

Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond

Henrico, Richmond City

G01

E. coli

2.93E+12

cfu/year

79.

Powhite Creek

Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond

Chesterfield

H39

E. coli

3.34E+12

cfu/year

80.

Almond Creek

Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond

Henrico

G01

E. coli

4.39E+12

cfu/year

81.

Falling Creek

Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond

Chesterfield, Richmond City

G01

E. coli

1.64E+13

cfu/year

82.

Reedy Creek

Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond

Richmond City

H39

E. coli

8.23E+13

cfu/year

83.

Tidal James River

Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond

Henrico, Richmond City, Goochland, Powhatan, Chesterfield

G01, G02, H39

E. coli

3.76E+14

cfu/year

84.

Lower James River

Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond

Henrico, Richmond City, Goochland, Powhatan, Chesterfield

H39

E. coli

3.06E+15

cfu/year

85.

Ivy Creek

Bacteria Total Maximum Daily Load Development for the James River Basin

Lynchburg, Bedford

H03

E. coli

6.25E+11

cfu/year

86.

Burton Creek

Bacteria Total Maximum Daily Load Development for the James River Basin

Lynchburg

H03

E. coli

7.37E+11

cfu/year

87.

Judith Creek

Bacteria Total Maximum Daily Load Development for the James River Basin

Lynchburg, Bedford

H03

E. coli

8.31E+11

cfu/year

88.

Tomahawk Creek

Bacteria Total Maximum Daily Load Development for the James River Basin

Lynchburg

H03

E. coli

8.34E+11

cfu/year

89.

Fishing Creek

Bacteria Total Maximum Daily Load Development for the James River Basin

Lynchburg

H03

E. coli

1.03E+12

cfu/year

90.

Blackwater Creek

Bacteria Total Maximum Daily Load Development for the James River Basin

Lynchburg

H03

E. coli

3.06E+12

cfu/year

91.

James River

Bacteria Total Maximum Daily Load Development for the James River Basin

Amherst, Bedford, Lynchburg

H01, H02, H03, H04, H05

E. coli

2.75E+14

cfu/year

92.

Baptist Run

Fecal Bacteria Total Maximum Daily Load Development for Warwick River

York

G11

E. coli

3.89E+09

cfu/year

93.

Deep Creek

Fecal Bacteria Total Maximum Daily Load Development for Warwick River

Newport News

G11, C07

Enterococci

5.59E+12

cfu/year

94.

Skiffes Creek

Fecal Bacteria Total Maximum Daily Load Development for Warwick River

James City

G11

Fecal coliform

2.46E+12

cfu/year

95.

James River, Warwick River

Fecal Bacteria Total Maximum Daily Load Development for Warwick River

Newport News, York

G11

Fecal coliform

3.04E+12

cfu/year

96.

Kings Creek and Bay

Shellfish Bacteria Total Maximum Daily Load (TMDL) Development Kings Creek and Bay and Ballard Creek and Bay Watersheds

Isle of Wight

G11

Fecal coliform

1.23E+09

counts/day

97.

Ballard Creek and Bay

Shellfish Bacteria Total Maximum Daily Load (TMDL) Development Kings Creek and Bay and Ballard Creek and Bay Watersheds

Isle of Wight

G11

Fecal coliform

1.64E+09

counts/day

98.

Lawnes Creek

TMDL Report for Chesapeake Bay Shellfish Waters: Lawnes Creek Bacterial Impairment

Surry

G11

Fecal coliform

5.94E+08

MPN/day

99.

Looney Creek

Bacteria TMDL for Looney Creek

Botetourt

I26

E. coli

1.84E+10

cfu/year

100.

Buffalo Creek, South Fork

Bacteria Total Maximum Daily Load Development for Colliers Creek, North Fork Buffalo Creek, South Fork Buffalo Creek, Buffalo Creek, Maury River and Cedar Creek and a Sediment Total Maximum Daily Load Development for Colliers Creek

Botetourt, Rockbridge

I38

E. coli

2.01E+11

cfu/year

101.

Colliers Creek

Bacteria Total Maximum Daily Load Development for Colliers Creek, North Fork Buffalo Creek, South Fork Buffalo Creek, Buffalo Creek, Maury River and Cedar Creek and a Sediment Total Maximum Daily Load Development for Colliers Creek

Rockbridge

I38

E. coli

4.75E+11

cfu/year

102.

Cedar Creek

Bacteria Total Maximum Daily Load Development for Colliers Creek, North Fork Buffalo Creek, South Fork Buffalo Creek, Buffalo Creek, Maury River and Cedar Creek and a Sediment Total Maximum Daily Load Development for Colliers Creek

Rockbridge

I28

E. coli

5.01E+11

cfu/year

103.

Buffalo Creek, North Fork

Bacteria Total Maximum Daily Load Development for Colliers Creek, North Fork Buffalo Creek, South Fork Buffalo Creek, Buffalo Creek, Maury River and Cedar Creek and a Sediment Total Maximum Daily Load Development for Colliers Creek

Rockbridge

I38

E. coli

6.52E+11

cfu/year

104.

Buffalo Creek

Bacteria Total Maximum Daily Load Development for Colliers Creek, North Fork Buffalo Creek, South Fork Buffalo Creek, Buffalo Creek, Maury River and Cedar Creek and a Sediment Total Maximum Daily Load Development for Colliers Creek

Rockbridge

I38

E. coli

1.91E+12

cfu/year

105.

Maury River

Bacteria Total Maximum Daily Load Development for Colliers Creek, North Fork Buffalo Creek, South Fork Buffalo Creek, Buffalo Creek, Maury River and Cedar Creek and a Sediment Total Maximum Daily Load Development for Colliers Creek

Buena Vista, Rockbridge

I37, I38

E. coli

2.98E+13

cfu/year

106.

Powhatan Creek

Bacteria Total Maximum Daily Load Development for Mill Creek and Powhatan Creek

James City

G10

E. coli

1.78E+13

cfu/year

107.

Mill Creek

Bacteria Total Maximum Daily Load Development for Mill Creek and Powhatan Creek

James City

G10

Enterococci

3.63E+12

cfu/year

108.

Powhatan Creek

Bacteria Total Maximum Daily Load Development for Mill Creek and Powhatan Creek

James City

G10

Enterococci

7.24E+12

cfu/year

109.

Moores Creek

Development of the Total Maximum Daily Load (TMDL) for Fecal Coliform Bacteria in Moore's Creek, Albemarle County, Virginia

Charlottesville, Albemarle

H28

Fecal coliform

3.30E+13

cfu/year

110.

Morris Creek

Morris Creek (tidal), Charles City County Total Maximum Daily Load for Bacteria Contamination Impaired for Recreational Use

Charles City

G08

Enterococci

2.92E+10

cfu/day

111.

Shingle Creek

Fecal Bacteria Total Maximum Daily Load for the Nansemond River

Suffolk

G13, K39

Fecal coliform

2.78E+09

cfu/year

112.

Nansemond River, upper and middle

Fecal Bacteria Total Maximum Daily Load for the Nansemond River

Isle of Wight, Suffolk

G12, G13, G14

Fecal coliform

3.89E+10

cfu/year

113.

Shingle Creek

Fecal Bacteria Total Maximum Daily Load for the Nansemond River

Suffolk

G13, K39

Enterococci

2.19E+10

cfu/year

114.

Nansemond River, upper

Fecal Bacteria Total Maximum Daily Load for the Nansemond River

Isle of Wight, Suffolk

G12, G13, G14

Enterococci

9.99E+10

cfu/year

115.

Nansemond River (Lake Meade)

Fecal Bacteria Total Maximum Daily Load for the Nansemond River

Suffolk

G12, G13

Enterococci

9.99E+10

cfu/year

116.

Pagan River, middle and upper

Fecal Bacteria Total Maximum Daily Load Development for Pagan River

Isle of Wight

G11

Enterococci

3.01E+12

cfu/year

117.

Pagan River and Jones Creek

Fecal Bacteria Total Maximum Daily Load Development for Pagan River

Isle of Wight

G11

Fecal coliform

2.15E+12

cfu/year

118.

Lower Reed Creek

Bacteria TMDL for Reed Creek

Bedford

H01

E. coli

0

cfu/year

119.

Beaver Creek

Bacteria TMDL Development for the Rivanna River Mainstem, North Fork Rivanna River, Preddy Creek and Tributaries, Meadow Creek, Mechums River, and Beaver Creek Watersheds

Albemarle

H23

E. coli

3.29E+10

cfu/year

120.

Mechums River

Bacteria TMDL Development for the Rivanna River Mainstem, North Fork Rivanna River, Preddy Creek and Tributaries, Meadow Creek, Mechums River, and Beaver Creek Watersheds

Albemarle

H23

E. coli

3.31E+10

cfu/year

121.

Preddy Creek

Bacteria TMDL Development for the Rivanna River Mainstem, North Fork Rivanna River, Preddy Creek and Tributaries, Meadow Creek, Mechums River, and Beaver Creek Watersheds

Greene, Albermarle

H27

E. coli

2.43E+11

cfu/year

122.

Rivanna River, North Fork

Bacteria TMDL Development for the Rivanna River Mainstem, North Fork Rivanna River, Preddy Creek and Tributaries, Meadow Creek, Mechums River, and Beaver Creek Watersheds

Greene, Albermarle

H27

E. coli

2.15E+12

cfu/year

123.

Meadow Creek

Bacteria TMDL Development for the Rivanna River Mainstem, North Fork Rivanna River, Preddy Creek and Tributaries, Meadow Creek, Mechums River, and Beaver Creek Watersheds

Charlottesville

H28

E. coli

3.89E+12

cfu/year

124.

Rivanna River

Bacteria TMDL Development for the Rivanna River Mainstem, North Fork Rivanna River, Preddy Creek and Tributaries, Meadow Creek, Mechums River, and Beaver Creek Watersheds

Charlottesville, Albemarle, Greene

H23, H24, H25, H26, H27, H28

E. coli

4.93E+12

cfu/year

125.

Rockfish River, North Fork

Bacteria Total Maximum Daily Load Development for Rockfish River, North Fork Rockfish River, and South Fork Rockfish River

Nelson

H15

E. coli

8.44E+11

cfu/year

126.

Rockfish River, South Fork

Bacteria Total Maximum Daily Load Development for Rockfish River, North Fork Rockfish River, and South Fork Rockfish River

Nelson

H15

E. coli

4.40E+12

cfu/year

127.

Rockfish River

Bacteria Total Maximum Daily Load Development for Rockfish River, North Fork Rockfish River, and South Fork Rockfish River

Nelson

H15, H16

E. coli

5.76E+12

cfu/year

128.

Tuckahoe Creek and tributaries

Bacteria TMDL for Tuckahoe Creek, Little Tuckahoe Creek, Anderson, Broad, Georges and Readers Branches, and Deep Run

Henrico, Goochland

H39

E. coli

1.05E+13

cfu/year

129.

Turner Creek

Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River

Amherst

H12

E. coli

1.57E+11

cfu/year

130.

Mill Creek

Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River

Amherst

H11

E. coli

2.08E+11

cfu/year

131.

Hat Creek

Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River

Nelson

H09

E. coli

6.02E+11

cfu/year

132.

Rutledge Creek

Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River

Amherst

H12

E. coli

1.15E+12

cfu/year

133.

Rucker Run

Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River

Nelson

H13

E. coli

1.32E+12

cfu/year

134.

Piney River

Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River

Amherst, Nelson

H10

E. coli

2.44E+12

cfu/year

135.

Buffalo River

Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River

Amherst

H11, H12

E. coli

2.54E+12

cfu/year

136.

Tye River

Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River

Amherst, Nelson

H09, H10, H11, H12, H13

E. coli

1.33E+13

cfu/year

137.

Upham Brook and tributaries

Total Maximum Daily Load Development for the Upham Brook Watershed

Henrico, Richmond City

G05

E. coli

8.04E+10

cfu/year

138.

White Oak Swamp

Bacteria TMDL for White Oak Swamp

Henrico

G06

E. coli

1.58E+12

cfu/year

139.

Willis River and tributaries

Fecal coliform TMDL Development for Willis River

Cumberland, Buckingham

H35, H36

Fecal coliform

3.15E+11

cfu/year

Notes:
1The total WLA can be increased prior to modification provided that DEQ tracks these changes for bacteria TMDLs where the permit is consistent with water quality standards for bacteria.

1 2GS means growing season.

B. Stream segment classifications, effluent limitations including water quality based effluent limitations, and wasteload allocations.

TABLE B1 - UPPER JAMES RIVER BASIN RECOMMENDED SEGMENT CLASSIFICATION

Stream Name

Segment No.

Mile to Mile

Classification

Comments

Maury River

2-4

80.3-0.0

E.L.

Main & tributaries

James River

2-5

271.5-266.0

W.Q.

Main only

James River

2-6

266.0-115.0

E.L.

Main & tributaries except Tye & Rivanna River

Tye River

2-7

41.7-0.0

E.L.

Main & tributaries except Rutledge Creek

Rutledge Creek

2-8

3.0-0.0

W.Q.

Main only

Piney River

2-9

20.6-0.0

E.L.

Main & tributaries

Rivanna River

2-10

20.0-0.0

E.L.

Main & tributaries

Rivanna River

2-11

38.1-20.0

W.Q.

Main only

Rivanna River

2-12

76.7-38.1

E.L.

Main & tributaries

S.F. Rivanna River

2-13

12.2-0.0

E.L.

Main & tributaries

Mechum River

2-14

23.1-0.0

E.L.

Main & tributaries

N.F. Rivanna River

2-15

17.0-0.0

E.L.

Main & tributaries except Standardsville Run

Standardsville Run

2-16

1.2-0.0

W.Q.

Main only

Appomattox River

2-17

156.2-27.7

E.L.

Main & tributaries except Buffalo Creek, Courthouse Branch, and Deep Creek

Buffalo Creek

2-18

20.9-0.0

E.L.

Main & tributaries except Unnamed Tributary unnamed tributary @ R.M. 9.3

Unnamed Tributary tributary of Buffalo Creek @ R.M. 9.3

2-19

1.3-0.0

W.Q.

Main only

Courthouse Branch

2-20

0.6-0.0

W.Q.

Main only

Deep Creek

2-21

29.5-0.0

E.L.

Main & tributaries except Unnamed Tributary unnamed tributary @ R.M. 25.0

Unnamed Tributary tributary of Deep Creek @ R.M. 25.0

2-22

2.2-0.0

W.Q.

Main only

TABLE B2 - UPPER JAMES RIVER BASIN LOAD ALLOCATIONS BASED ON EXISTING DISCHARGE POINT7

Stream Name

Segment Number

Classification

Mile to Mile

Significant Discharges

Total Assimilative Capacity of Stream BOD5 lbs/day

Wasteload Allocation BOD5 lbs/day2

Reserve BOD5 lbs/day5

Cedar Creek

2-3

E.L.

1.9-0.0

Natural Bridge, Inc. STP

35.0

28.0

7.0 (20%)

Elk Creek

2-3

E.L.

2.8-0.0

Natural Bridge Camp for Boys STP

7.0

3.3

3.7 (53%)

Little Calfpasture River

2-4

E.L.

10.9-4.0

Craigsville

12.0

9.6

2.4 (20%)

Cabin River

2-4

E.L.

1.7-0.0

Millboro

Self -sustaining

None

None

Maury River

2-4

E.L.

19.6-12.2

Lexington STP

380.0

380.0

None

Maury River

2-4

E.L.

12.2-1.2

Georgia Bonded Fibers

760.0

102.03

238.0 (31%)

Buena Vista STP

420.0

Maury River

2-4

E.L.

1.2-0.0

Lees Carpets

790.0

425.03

290.0 (37%)

Glasgow STP

75.0

James River

2-5

W.Q.

271.5-266.0

Owens-Illinois

4,640.0

4,640.03

None

James River

2-6

E.L.

257.5-231.0

Lynchburg STP

10,100.0

8,000.0

2,060.0 (20%)

Babcock & Wilcox-NNFD

40.03

James River

2-6

E.L.

231.0-202.0

Virginia Fibre

3,500.0

3,500.0

None

Rutledge Creek

2-8

W.Q.

3.0-0.0

Amherst STP

46.0

37.0

9.0 (20%)

Town Creek

2-7

E.L.

2.1-0.0

Lovingston STP

26.0

21.0

5.0 (20%)

Ivy Creek

2-6

E.L.

0.1-0.0

Schuyler

13.8

11.0

2.8 (20%)

James River

2-6

E.L.

186.0-179.0

Uniroyal, Inc.

1,400.0

19.36

1,336.0 (95%)

Scottsville STP

45.0

North Creek

2-6

E.L.

3.1-0.0

Fork Union STP

31.0

25.0

6.0 (20%)

Howells Branch and Licking Hole Creek

2-14

E.L.

0.7-0.0

Morton Frozen Foods

20.0

20.03

None

Standardsville Run

2-16

W.Q.

1.2-0.0

Standardsville STP

17.9

14.3

3.6 (20%)

Rivanna River

2-11

W.Q.

23.5-20.0

Lake Monticello STP

480.0

380.0

100.0 (20%)

Rivanna River

2-10

E.L.

15.0-0.0

Palmyra

250.0

4.0

158.0 (63%)

Schwarzenbach Huber

88.03

Unnamed Tributary tributary of Whispering Creek

2-6

E.L.

1.2-0.0

Dillwyn STP

38.0

30.0

8.0 (21%)

South Fork Appomattox River

2-17

E.L.

5.5-0.0

Appomattox Lagoon

18.8

15.0

3.8 (20%)

Unnamed Tributary tributary of Buffalo Creek

2-19

W.Q.

1.3-0.0

Hampden-Sydney Coll. STP

10.0

8.0

2.0 (20%)

Appomattox River

2-17

E.L.

106.1-88.0

Farmville STP

280.0

220.0

60.0 (21%)

Unnamed Tributary tributary of Little Guinea Creek

2-17

E.L.

2.5-1.3

Cumberland H.S. Lagoon

0.6

0.5

0.1 (20%)

Unnamed Tributary tributary of Tear Wallet Creek

2-17

E.L.

0.68-0.0

Cumberland Courthouse

8.8

7.0

1.8 (20%)

Courthouse Branch

2-22

W.Q.

2.2-0.0

Amelia STP

21.0

17.0

4.0 (20%)

Unnamed Tributary tributary of Deep Creek

2-22

W.Q.

2.2-0.0

Crewe STP

50.311,12

50.111, 12

0.2 (0.4%)11,12,13

Notes:
1Recommended classification.

2Based on 2020 loads or stream assimilative capacity less 20%.

3Load allocation based on published NPDES permits.

4This assimilative capacity is based upon an ammonia loading no greater than 125.1 lbs/day.

5Percentages refer to reserve as percent of total assimilative capacity. Minimum reserve for future growth and modeling accuracy is 20% unless otherwise noted.

6No NPDES Permits published (BPT not established) allocation base on maximum value monitored.

7This table is for the existing discharge point. The recommended plan may involve relocation or elimination of stream discharge.

8Assimilative capacity will be determined upon completion of the ongoing study by Hydroscience, Inc.

9Discharges into Karnes Creek, a tributary to the Jackson River.

10Discharges into Wilson Creek, near its confluence with Jackson River.

11Five-day Carbonaceous Biological Oxygen Demand (cBOD5).

12Revision supersedes all subsequent Crewe STP stream capacity, allocation, and reserve references.

130.4% reserve: determined by SWCB Piedmont Regional Office.

Source: Wiley & Wilson, Inc.

TABLE B3 - UPPER JAMES RIVER BASIN ADDITIONAL LOAD ALLOCATIONS
BASED ON RECOMMENDED DISCHARGE POINT

Stream Name

Segment Number

Classification1

Significant Discharges

Total Assimilative Capacity of Stream BOD5 lbs/day

Wasteload2 Allocation BOD5 lbs/day

Reserve4 BOD5 lbs/day5

Mill Creek

2-4

E.L.

5.5-0.0

Millboro

30.0

7.3

22.7 (76%)

Calfpasture River

2-4

E.L.

4.9-0.0

Goshen

65.0

12.0

53.0 (82%)

Maury River

2-4

E.L.

1.2-0.0

Lees Carpet

790.0

425.03

235.0 (30%)

Glasgow Regional S.T.P. STP

130.0

Buffalo River

2-7

E.L.

9.6-0.0

Amherst STP

150.0

120.0

30.0 (20%)

Rockfish River

2-6

E.L.

9.5-0.0

Schuyler STP

110.0

25.0

85.0 (77%)

Standardsville Run

E.L.

Standardsville

Land Application Recommended

South Fork Appomattox River

E.L.

Appomattox Lagoon

Connect to Recommended Facility in Roanoke River Basin

Buffalo Creek

2-17

E.L.

9.3-7.7

Hampden-Sydney College

46.0

23.0

23.0 (50%)

Unnamed trib. tributary of Tear Wallet Creek

E.L.

Cumberland Courthouse

Land Application Recommended

Courthouse Branch

E.L.

Amelia

Land Application Recommended

Deep Creek

2-17

E.L.

25.0-12.8

Crewe STP

69.0

55.0

14.0 (20%)

Notes:
1Recommended classification.

2Based on 2020 loads or stream assimilative capacity less 20%.

3Load allocation based on published NPDES permit.

4Percentages refer to reserve as percent of total assimilative capacity. Minimum reserve for future growth and modeling accuracy is 20% unless otherwise noted.

5Assimilative capacity will be determined upon completion of the ongoing study by Hydroscience, Inc.

Source: Wiley & Wilson, Inc.

TABLE B4 - SEGMENT CLASSIFICATION UPPER JAMES-JACKSON RIVER SUBAREA

Stream Name

Segment Number

Mile to Mile

Stream Classification

Comments

Back Creek

2-1

16.06-8.46

W.Q.

Main Only

Jackson River

2-1

95.70-24.90

E.L.

Main and Tributaries

Jackson River

2-2

24.90-0.00

W.Q.

Main Only

Jackson River

2-2

24.90-0.00

E.L.

Tributaries Only

James River

2-3

349.50-308.50

E.L.

Main and Tributaries

James River

2-3

308.50-279.41

E.L.

Main and Tributaries

TABLE B5 - UPPER JAMES-JACKSON RIVER SUBAREA WASTELOAD ALLOCATIONS BASED ON EXISTING DISCHARGE POINT1

MAP LOCATION

STREAM NAME

SEGMENT NUMBER

SEGMENT CLASSIFICATION STANDARDS

MILE to2 MILE

DISCHARGER

VPDES PERMIT NUMBER

VPDES PERMIT LIMITS BOD5 kg/day

303(e)3 WASTELOAD ALLOCATION BOD5 kg/day

1

Jackson River

2-1

E.L.

93.05-

Virginia Trout

VA0071722

N/A

Secondary

B

Warm Springs Run

2-1

E.L.

3.62-0.00

Warm Springs STP

VA0028233

9.10

Secondary

3

Back Creek

2-1

W.Q.

16.06-8.46

VEPCO

VA0053317

11.50

11.50

C

X-trib to Jackson River

2-1

E.L.

0.40-0.0

Bacova

VA0024091

9.10

Secondary

D

Hot Springs Run

2-1

E.L.

5.30-0.00

Hot Springs Reg. STP

VA0066303

51.10

Secondary

E

X-trib to Cascades Creek

2-1

E.L.

3.00-0.00

Ashwood-Healing Springs STP

VA0023726

11.30

Secondary

F

Jackson River

2-1

E.L.

50.36-

U.S. Forest Service Bolar Mountain

VA0032123

1.98

Secondary

G

Jackson River

2-1

E.L.

43.55

U.S. Army COE Morris Hill Complex

VA0032115

1.70

Secondary

H

Jackson River

2-1

E.L.

29.84-

Alleghany County Clearwater Park

VA0027955

5.70

Secondary

4

Jackson River

2-1

E.L.

25.99

Covington City Water Treatment Plant

VA0058491

N/A

Secondary

5

Jackson River

2-2

W.Q.

24.64-19.03

Westvaco

VA0003646

4,195.00

4,195.004

6

Covington City5 Asphalt Plant

VA0054411

N/A

N/A

7

Hercules, Inc6

VA0003450

94.00

94.00

J

Jackson River

2-2

W.Q.

19.03-10.5

Covington STP

VA0025542

341.00

341.00

K

Jackson River

10.5-0.0

Low Moor STP7

VA0027979

22.70

22.70

M

D.S. Lancaster CC8

VA0028509

3.60

3.60

L

Selma STP9

VA0028002

59.00

59.00

10

The Chessie System10

VA0003344

N/A

N/A

N

Clifton Forge STP11

VA0002984

227.00

227.00

11

Lydall12

VA0002984

6.00

6.00

P

Iron Gate STP13

VA0020541

60.00

60.00

8

Paint Bank Branch

2-2

E.L.

1.52

VDGIF Paint Bank Hatchery

VA0098432

N/A

Secondary

I

Jerrys Run

2-2

E.L.

6.72-

VDOT 1-64 Rest Area

VA0023159

0.54

Secondary

AA

East Branch (Sulfer Spring)

2-2

E.L.

2.16

Norman F. Nicholas

VA0078403

0.05

Secondary

BB

East Branch (Sulfer Spring)

2-2

E.L.

1.91-

Daryl C. Clark

VA0067890

0.068

Secondary

9

Smith Creek

2-2

E.L.

3.44-

Clifton Forge Water Treatment Plant

VA0006076

N/A

Secondary

O

Wilson Creek

2-2

E.L.

0.20-0.0

Cliftondale14 Park STP

VA0027987

24.00

Secondary

2

Pheasanty Run

2-3

E.L.

0.01-

Coursey Springs

VA0006491

434.90

Secondary

Q

Grannys Creek

2-3

E.L.

1.20-

Craig Spring Conference Grounds

VA0027952

3.40

Secondary

CC

X-trib to Big Creek

2-3

E.L.

1.10-

Homer Kelly Residence

VA0074926

0.05

Secondary

12

Mill Creek

2-3

E.L.

0.16-

Columbia Gas Transmission Corp.

VA0004839

N/A

Secondary

R

John Creek

2-3

E.L.

0.20-

New Castle STP (old)

VA0024139

21.00

Secondary

S

Craig Creek

2-3

E.L.

48.45-36.0

New Castle STP (new)

VA0064599

19.90

Secondary

T

Craig Creek

2-3

E.L.

46.98-

Craig County Schools McCleary E.S.

VA0027758

0.57

Secondary

DD

Eagle Rock Creek

2-3

E.L.

0.08-

Eagle Rock STP15 (Proposed)

VA0076350

2.30

Secondary

U

X-trib to Catawba Creek

2-3

E.L.

0.16

VDMH & R Catawba Hospital

VA0029475

13.60

Secondary

14

Catawba Creek

2-3

E.L.

23.84

Tarmac-Lonestar

VA0078393

0.80

Secondary

FF

Borden Creek

2-3

E.L.

2.00-

Shenandoah Baptist Church Camp

VA0075451

0.88

Secondary

EE

X-trib to Borden Creek

2-3

E.L.

0.36

David B. Pope

VA0076031

0.07

Secondary

V

X-trib to Catawba Creek

2-3

E.L.

3.21-

U.S. FHA Flatwood Acres

VA0068233

0.03

Secondary

W

Catawba Creek

2-3

E.L.

11.54-

Fincastle STP

VA0068233

8.50

Secondary

X

Looney Mill Creek

2-3

E.L.

1.83-

VDOT I-81 Rest Area

VA0023141

0.91

Secondary

Y

X-trib to Stoney

2-3

E.L.

0.57

VDOC Field Unit No. 25 Battle Creek

VA0023523

1.10

Secondary

Z

James River

2-3

E.L.

308.5-286.0

Buchanan STP

VA0022225

27.00

Secondary

TABLE B5 - NOTES Notes:

N/A Currently No BOD5 limits or wasteload have been imposed by the VPDES permit. Should BOD5 limits (wasteload) be imposed a WQMP amendment would be required for water quality limited segments only.

1Secondary treatment levels are required in effluent limiting (E.L.) segments. In water quality limiting (W.Q.) segments quantities listed represent wasteload allocations.

2Ending river miles have not been determined for some effluent limited segments.

3These allocations represent current and original (1977 WQMP) modeling. Future revisions may be necessary based on Virginia State Water Control Board modeling.

4The total assimilative capacity at critical stream flow for this portion of Segment 2-2 has been modeled and verified by Hydroscience, Inc. (March 1977) to be 4,914 kg/day BOD5.

5The discharge is to an unnamed tributary to the Jackson River at Jackson River mile 22.93.

6The discharge is at Jackson River mile 19.22.

7The discharge is to the mouth of Karnes Creek, a tributary to the Jackson River at Jackson River mile 5.44.

8The discharge is at Jackson River mile 6.67.

9The discharge is at Jackson River mile 5.14.

10The discharge is at Jackson River mile 4.72.

11The discharge is at Jackson River mile 3.46.

12The discharge is at Jackson River mile 1.17.

13The discharge is at Jackson River mile 0.76.

14The discharge is to the mouth of Wilson Creek, a tributary to the Jackson River at Jackson River mile 2.44.

15The discharge is to the mouth of Eagle Rock Creek, a tributary to the Jackson River at Jackson River mile 330.35.

TABLE B6 - RICHMOND CRATER INTERIM WATER QUALITY MANAGEMENT PLAN STREAM CLASSIFICATIONS - JAMES RIVER BASIN

SEGMENT

SEGMENT NUMBER

MILE TO MILE

CLASSIFICATION

USGS HUC02080206 James River

2-19

115.0-60.5

W.Q.

USGS HUC02080207 Appomattox

2-23

30.1-0.0

W.Q.

TABLE B6 - *Note Notes:
A new stream segment classification for the Upper James Basin was adopted in 1981. The SWCB will renumber or realign these segments in the future to reflect these changes. This Plan covers only a portion of these segments.

TABLE B7 - RICHMOND CRATER INTERIM WATER QUALITY MANAGEMENT PLAN – CURRENT PERMITTED WASTELOADS (March 1988)

SUMMER (June-October)

WINTER (November-May)

FLOW (mgd)

BOD5

NH3-N1

DO2 (mg/l)

FLOW (mgd)

BOD5

NH3-N1

DO2 (mg/l)

(lbs/d)

(mg/l)

(lbs/d)

(mg/l)

(lbs/d)

(mg/l)

(lbs/d)

(mg/l)

City of Richmond STP3

45.00

3002

8.0

-

-

-

45.00

5367

14.3

(lbs/d)

-

-

E.I. DuPont-Spruance

8.68

936

-

-

-

-

8.68

936

-

-

-

-

Falling Creek STP

9.00

1202

16.0

-

-

5.9

9.00

2253

30.0

-

-

5.9

Proctor's Creek STP

6.40

1601

30.0

-

-

5.9

11.80

2952

30.0

-

-

5.9

Reynolds Metals Company

0.39

138

-

7

-

-

0.39

138

-

-

-

-

Henrico STP

30.00

3005

12.0

-

-

5.9

30.00

7260

29.0

7

-

5.9

American Tobacco Company

1.94

715

-

-

-

-

1.94

716

-

-

-

-

ICI Americas, Inc.

0.20

152

-

-

-

-

0.20

152

-

-

-

-

Phillip Morris-Park 500

1.50

559

-

-

-

-

1.50

557

-

-

-

-

Allied (Chesterfield)

51.00

1207

-

-

-

-

51.00

1207

-

-

-

Allied (Hopewell)

150.00

2500

-

-

-

-

150.00

2500

-

-

-

-

Hopewell Regional WTF

34.08

12507

44.0

-

-

4.8

34.08

12507

44.0

-

-

4.8

Petersburg STP

15.00

2804

22.4

-

-

5.0

15.00

2804

22.4

-

-

5.0

TOTAL

353.19

30328

358.59

39349

-

Notes:
1NH3-N values represent ammonia as nitrogen.

2Dissolved oxygen limits represent average minimum allowable levels.

3Richmond STP's BOD5 is permitted as CBOD5

TABLE B7 - WASTELOAD ALLOCATIONS FOR THE YEAR 1990

SUMMER (June-October)

WINTER (November-May)

FLOW (mgd)

CBOD5

NH3-N1,3

DO2 (mg/l)

CBOD5

NH3-N1

DO2 (mg/l)

(lbs/d)

(mg/l)

(lbs/d)

(mg/l)

(lbs/d)

(mg/l)

(lbs/d)

(mg/l)

City of Richmond STP

45.00

3002

8.0

2403

6.4

5.6

5367

14.3

5707

15.2

5.6

E.I. DuPont-Spruance

11.05

948

590

4.4

948

756

2.9

Falling Creek STP

10.10

1348

16.0

539

6.4

5.9

2023

24.0

1281

15.2

5.9

Proctor's Creek STP

12.00

1602

16.0

961

9.6

5.9

2403

24.0

1402

14.0

5.9

Reynolds Metals Co.

0.49

172

8

6.5

172

8

6.5

Henrico STP

30.00

3002

12.0

2403

9.6

5.6

4756

19.0

3504

44.0

5.6

American Tobacco Co.

2.70

715

113

5.8

715

113

5.8

ICI Americas, Inc.

0.20

167

8

5.8

167

8

3.1

Phillip Morris-Park 500

2.20

819

92

4.6

819

92

4.6

Allied (Chesterfield)

53.00

1255

442

5.7

1255

442

5.7

Allied (Hopewell)

165.00

2750

10326

6.1

2750

10326

6.1

Hopewell Regional WTF

34.07

12502

44.0

12091

36.2

4.8

12502

44.0

10291

36.2

4.8

Petersburg STP

15.00

2802

22.4

801

6.4

5.0

2802

22.4

2028

16.2

5.0

TOTAL

380.81

31084

28978

36679

35958

Notes:
1NH3-N values represent ammonia as nitrogen.

2Dissolved oxygen limits represent average minimum allowable levels.

3Allied (Hopewell) allocation may be redistributed to the Hopewell Regional WTF by VPDES permit.

TABLE B7 - WASTELOAD ALLOCATION FOR THE YEAR 2000

SUMMER (June-October)

WINTER (November-May)

FLOW (mgd)

CBOD5

NH3-N1,3

DO2 (mg/l)

CBOD5

NH3-N1

DO2 (mg/l)

(lbs/d)

(mg/l)

(lbs/d)

(mg/l)

(lbs/d)

(mg/l)

(lbs/d)

(mg/l)

City of Richmond STP

45.08

3002

8.0

2403

6.4

5.6

5367

14.3

5707

15.2

5.6

E.I. DuPont-Spruance

196.99

948

590

4.4

948

756

2.9

Falling Creek STP

10.10

1348

16.0

539

6.4

5.9

2023

24.0

1281

15.2

5.9

Proctor's Creek STP

16.80

1602

11.4

961

6.9

5.9

2403

17.1

1402

10.0

5.9

Reynolds Metals Co.

0.78

172

13

6.5

172

13

6.5

Henrico STP

32.80

3002

11.0

2403

8.8

5.6

4756

17.4

3504

12.8

5.6

American Tobacco Co.

3.00

715

113

5.8

715

113

5.8

ICI Americas, Inc.

0.20

167

8

5.8

167

8

3.1

Phillip Morris-Park 500

2.90

819

92

4.6

819

92

4.6

Allied (Chesterfield)

56.00

1255

442

5.7

1255

442

5.7

Allied (Hopewell)

170.00

2750

10326

6.1

2750

10326

6.1

Hopewell Regional WTF

36.78

12502

40.7

12091

33.5

4.8

12502

40.7

10291

33.5

4.8

Petersburg STP

15.00

2802

22.4

801

6.4

5.0

2802

22.4

2028

16.2

5.0

TOTAL

406.43

31084

28982

36679

35963

Notes:
1NH3-N values represent ammonia as nitrogen.

2Dissolved oxygen limits represent average minimum allowable levels.

3Allied (Hopewell) allocation may be redistributed to the Hopewell Regional WTF by VPDES permit.

TABLE B7 - WASTELOAD ALLOCATIONS FOR THE YEAR 2010

SUMMER (June-October)

WINTER (November-May)

FLOW (mgd)

CBOD5

NH3-N1,3

DO2 (mg/l)

CBOD5

NH3-N1

DO2 (mg/l)

(lbs/d)

(mg/l)

(lbs/d)

(mg/l)

(lbs/d)

(mg/l)

(lbs/d)

(mg/l)

City of Richmond STP

45.86

3002

7.8

2403

6.3

5.6

5367

14.0

5707

14.9

5.6

E.I. DuPont-Spruance

16.99

948

590

4.4

948

756

2.9

Falling Creek STP

10.10

1348

16.0

539

6.4

5.9

2023

24.0

1281

15.2

5.9

Proctor's Creek STP

24.00

1602

8.0

961

4.8

5.9

2403

12.0

1402

7.0

5.9

Reynolds Metals Co.

0.78

172

13

6.5

172

13

6.5

Henrico STP

38.07

3002

9.5

2403

7.6

5.6

4756

15.0

3504

11.0

5.6

American Tobacco Co.

3.00

715

113

5.8

715

113

5.8

ICI Americas, Inc.

0.20

167

8

5.8

167

8

3.1

Phillip Morris-Park 500

2.90

819

92

4.6

819

92

4.6

Allied (Chesterfield)

56.00

1255

442

5.7

1255

442

5.7

Allied (Hopewell)

180.00

2750

10326

6.1

2750

10326

6.1

Hopewell Regional WTF

39.61

12502

37.8

10291

31.1

4.8

12502

37.8

10291

31.1

4.8

Petersburg STP

15.00

2802

22.4

801

6.4

5.0

2802

22.4

2028

16.2

5.0

TOTAL

432.1

31084

28982

36679

35963

Notes:
1NH3-N values represent ammonia as nitrogen.

2Dissolved oxygen limits represent average minimum allowable levels.

3Allied (Hopewell) allocation may be redistributed to the Hopewell Regional WTF by VPDES permit.

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

I09R

Clifton Forge STP

VA0022772

36,547

3,046

I09R

Covington STP

VA0025542

54,820

4,568

H02R

Georgia Pacific

VA0003026

122,489

49,658

I37R

Lees Carpets

VA0004677

30,456

12,182

I35R

Lexington-Rockbridge WQCF

VA0088161

54,820

4,568

I09R

Low Moor STP

VA0027979

9,137

761

I09R

Lower Jackson River STP

VA0090671

27,410

2,284

I04R

MeadWestvaco

VA0003646

394,400

159,892

H12R

Amherst STP

VA0031321

10,964

914

H05R

BWX Technologies Inc.

VA0003697

187,000

1,523

H05R

Greif Inc.

VA0006408

73,246

29,694

H31R

Lake Monticello STP

VA0024945

18,182

1,515

H05R

Lynchburg STP1

VA0024970

536,019

33,501

H28R

Moores Creek Regional STP

VA0025518

274,100

22,842

H38R

Powhatan CC STP

VA0020699

8,588

716

J11R

Crewe WWTP

VA0020303

9,137

761

J01R

Farmville WWTP

VA0083135

43,856

3,655

G02E

R. J. Reynolds

VA0002780

25,583

1,919

G01E

E I du Pont - Spruance

VA0004669

201,080

7,816

G01E

Falling Creek WWTP

VA0024996

153,801

15,380

G01E

Henrico County WWTP

VA0063690

1,142,085

114,209

G03E

Honeywell – Hopewell

VA0005291

1,090,798

51,592

G03R

Hopewell WWTP

VA0066630

1,827,336

76,139

G15E

HRSD – Boat Harbor STP

VA0081256

740,000

76,139

G11E

HRSD – James River STP

VA0081272

1,250,000

60,911

G10E

HRSD – Williamsburg STP

VA0081302

800,000

68,525

G02E

Philip Morris – Park 500

VA0026557

139,724

2,650

G01E

Proctors Creek WWTP

VA0060194

411,151

41,115

G01E

Richmond WWTP1

VA0063177

1,096,402

68,525

G02E

Dominion-Chesterfield2

VA0004146

352,036

210

J15R

South Central WW Authority

VA0025437

350,239

35,024

G07R

Chickahominy WWTP

VA0088480

6,167

123

G05R

Tyson Foods – Glen Allen

VA0004031

19,552

409

G11E

HRSD – Nansemond STP

VA0081299

750,000

91,367

G15E

HRSD – Army Base STP

VA0081230

610,000

54,820

G15E

HRSD – VIP WWTP

VA0081281

750,000

121,822

G15E

JH Miles & Company

VA0003263

153,500

21,500

C07E

HRSD – Ches.-Elizabeth STP

VA0081264

1,100,000

108,674

TOTALS

14,901,739

1,354,375

NOTES 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.

2Wasteload 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.

9VAC25-720-70. Rappahannock River Basin.

A. Total maximum Daily Load daily loads (TMDLs).

TMDL #

Stream Name

TMDL Title

City/County

WBID

Pollutant

WLA1

Units

1.

Broad Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Broad and Jackson Creeks

Middlesex

E26

Fecal coliform

N/A2

MPN/day

2.

Central Branch Carter Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Rappahannock River: Carter Creek

Lancaster

E26

Fecal coliform

N/A2

MPN/day

3.

Eastern Branch Carter Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Rappahannock River: Carter Creek

Lancaster

E26

Fecal coliform

N/A2

MPN/day

4.

Western Branch Carter Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Rappahannock River: Carter Creek

Lancaster

E26

Fecal coliform

N/A2

MPN/day

5.

Carter Run

Bacteria TMDL for Carter Run

Fauquier

E02

E. coli

1.12E+12

cfu/year

6.

Bells Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Corrotoman River

Lancaster

E26

Fecal coliform

N/A2

MPN/day

7.

Eastern Branch Corrotoman River

Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Corrotoman River

Lancaster

E26

Fecal coliform

N/A2

MPN/day

8.

Ewells Prong

Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Corrotoman River

Lancaster

E26

Fecal coliform

N/A2

MPN/day

9.

Hills Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Corrotoman River

Lancaster

E26

Fecal coliform

N/A2

MPN/day

10.

Millenbeck Prong

Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Corrotoman River

Lancaster

E26

Fecal coliform

N/A2

MPN/day

11.

Myer Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Corrotoman River

Lancaster

E26

Fecal coliform

N/A2

MPN/day

12.

Senior Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Corrotoman River

Lancaster

E26

Fecal coliform

N/A2

MPN/day

13.

Taylor Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Corrotoman River

Lancaster

E26

Fecal coliform

N/A2

MPN/day

14.

Western Branch Corrotoman River

Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Corrotoman River

Lancaster

E26

Fecal coliform

N/A2

MPN/day

15.

Deep Run

Bacteria TMDL for Deep Run

Fauquier

E10

E. coli

0

cfu/year

16.

Farnham Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Farnham Creek

Richmond

E25

Fecal coliform

N/A2

MPN/day

17.

Great Run

Bacteria TMDL for Great Run

Fauquier

E02

E. coli

4.35E+12

cfu/year

18.

Greenvale Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Rappahannock River: Towles Point to Deep Creek

Lancaster

E25

Fecal coliform

N/A2

MPN/day

19.

Rappahannock River, Beach Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Rappahannock River: Towles Point to Deep Creek

Lancaster

E25, E26

Fecal coliform

N/A2

MPN/day

20.

Hoskins Creek

Bacteria Total Maximum Daily Load (TMDL) Devlopment for the Hoskins Creek Watershed

Essex

E23

Enterococci

7.56E+09

cfu/day

21.

Lagrange Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Lagrange and Robinson Creeks

Middlesex

E25

Fecal coliform

N/A2

MPN/day

22.

Robinson Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Lagrange and Robinson Creeks

Middlesex

E25

Fecal coliform

N/A2

MPN/day

23.

Deep Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Lancaster, Deep, and Mulberry Creeks

Lancaster

E25

Fecal coliform

N/A2

MPN/day

24.

Lancaster Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Lancaster, Deep, and Mulberry Creeks

Lancaster, Richmond

E25

Fecal coliform

N/A2

MPN/day

25.

Mulberry Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Lancaster, Deep, and Mulberry Creeks

Lancaster

E25

Fecal coliform

N/A2

MPN/day

26.

Locklies Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Locklies and Mill Creeks

Middlesex

E26

Fecal coliform

N/A2

MPN/day

27.

Mill Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Locklies and Mill Creeks

Middlesex

E26

Fecal coliform

N/A2

MPN/day

28.

Mountain Run

Fecal Coliform TMDL Mountain Run Watershed

Culpeper

E09

Fecal coliform

1.36E+13

cfu/year

29.

Mine Run

Bacteria TMDLs for Mountain Run and Mine Run

Orange

E17

E. coli

1.25E+11

cfu/year

30.

Mountain Run

Bacteria TMDLs for Mountain Run and Mine Run

Orange

E17

E. coli

2.26E+11

cfu/year

31.

Muddy Run, lower

Bacteria TMDL for Muddy Run

Culpeper

E07

E. coli

2.09E+10

cfu/year

32.

Muddy Run, upper

Bacteria TMDL for Muddy Run

Culpeper

E07

E. coli

0

cfu/year

33.

Farmers Hall Creek

Bacteria TMDLs for Occupacia Creek and Farmers Hall Creek

Essex

E22

E. coli

7.58E+08

cfu/day

34.

Occupacia Creek

Bacteria TMDLs for Occupacia Creek and Farmers Hall Creek

Essex

E22

E. coli

6.27E+09

cfu/day

35.

Mosquito Creek

Oyster and Mosquito Creeks Total Maximum Daily Load Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination

Lancaster

E26, C01

Fecal coliform

9.32E+08

MPN/day

36.

Oyster Creek

Oyster and Mosquito Creeks Total Maximum Daily Load Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination

Lancaster

E26, C01

Fecal coliform

1.36E+09

MPN/day

37.

Unnamed tributary to the Rapidan River

Bacteria Total Maximum Daily Load Development for the Rapidan River Basin

Orange

E13

E. coli

6.99E+09

cfu/year

38.

Marsh Run

Bacteria Total Maximum Daily Load Development for the Rapidan River Basin

Orange

E13

E. coli

6.72E+10

cfu/year

39.

Blue Run

Bacteria Total Maximum Daily Load Development for the Rapidan River Basin

Orange

E13

E. coli

8.75E+10

cfu/year

40.

Cedar Run

Bacteria Total Maximum Daily Load Development for the Rapidan River Basin

Culpeper

E16

E. coli

1.82E+12

cfu/year

41.

Rapidan River

Bacteria Total Maximum Daily Load Development for the Rapidan River Basin

Orange, Culpeper, Greene, Madison

E11, E12, E13, E14, E15, E16, E17, E18

E. coli

1.98E+13

cfu/year

42.

Rapidan River

Bacteria Total Maximum Daily Load Development for the Rapidan River Basin

Madison, Greene, Orange

E11, E12, E13

E. coli

3.26E+13

cfu/year

43.

Parrotts Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Rappahannock River: Mud and Parrotts Creeks

Middlesex

E25

Fecal coliform

N/A2

MPN/day

44.

Weeks (Mud) Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Rappahannock River: Mud and Parrotts Creeks

Middlesex

E25

Fecal coliform

N/A2

MPN/day

45.

Robinson River, upper

Bacteria TMDL for Robinson River

Madison

E14

E. coli

5.07E+09

cfu/year

46.

Robinson River, lower

Bacteria TMDL for Robinson River

Madison

E14, E15

E. coli

5.03E+10

cfu/year

47.

Little Dark Run

Bacteria TMDL for Robinson River

Madison

E15

E. coli

1.39E+11

cfu/year

48.

Rappahannock River, Bush Park Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Bush Park and Sturgeon Creeks

Middlesex

E26

Fecal coliform

N/A2

MPN/day

49.

Rappahannock River, Sturgeon Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Bush Park and Sturgeon Creeks

Middlesex

E26

Fecal coliform

N/A2

MPN/day

50.

Thumb Run

Fecal Coliform TMDL Development for Thumb Run

Fauquier

E01

Fecal coliform

0

cfu/year

51.

Rappahannock River, tidal fresh

Bacteria TMDL for the Tidal Freshwater Rappahannock River Watershed

Caroline, King George, Fredericksburg, Spotsylvania, Stafford

E19, E20, E21

E. coli

1.14E+14

cfu/year

52.

Totuskey Creek

Totuskey and Richardson Creeks Total Maximum Daily Load Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution

Richmond

E24

Enterococci

6.40E+08

cfu/day

53.

Totuskey Creek, Richardson Creek, Rappahannock River

Totuskey and Richardson Creeks Total Maximum Daily Load Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution

Richmond

E24

Fecal coliform

2.29E+09

MPN/day

54.

Hughes River

Bacteria Total Maximum Daily Load Development for the Rappahannock River Basin

Madison

E03

E. coli

8.44E+09

cfu/year

55.

Craig Run

Bacteria Total Maximum Daily Load Development for the Rappahannock River Basin

Fauquier

E08

E. coli

2.72E+10

cfu/year

56.

Browns Run

Bacteria Total Maximum Daily Load Development for the Rappahannock River Basin

Fauquier

E08

E. coli

3.38E+10

cfu/year

57.

Rappahannock River (1) - VAN-E01R-03

Bacteria Total Maximum Daily Load Development for the Rappahannock River Basin

Rappahannock

E01

E. coli

1.79E+11

cfu/year

58.

Rush River

Bacteria Total Maximum Daily Load Development for the Rappahannock River Basin

Rappahannock

E05

E. coli

5.22E+11

cfu/year

59.

Hazel River (2) - 60076

Bacteria Total Maximum Daily Load Development for the Rappahannock River Basin

Madison, Culpeper, Rappahannock

E03, E04, E05, E06, E07

E. coli

7.48E+11

cfu/year

60.

Marsh Run

Bacteria Total Maximum Daily Load Development for the Rappahannock River Basin

Fauquier

E08

E. coli

8.76E+11

cfu/year

61.

Hazel River (1) - VAN-E04R-01

Bacteria Total Maximum Daily Load Development for the Rappahannock River Basin

Madison, Culpeper, Rappahannock

E03, E04

E. coli

3.92E+12

cfu/year

62.

Rappahannock River (2) - VAN-E08R-04

Bacteria Total Maximum Daily Load Development for the Rappahannock River Basin

Madison, Culpeper, Rappahannock, Fauquier

E01, E02, E03, E04, E05, E06, E07, E08

E. coli

1.85E+13

cfu/year

63.

Rappahannock River (3) - 60081

Bacteria Total Maximum Daily Load Development for the Rappahannock River Basin

Madison, Culpeper, Rappahannock, Fauquier

E01, E02, E03, E04, E05, E06, E07, E08

E. coli

2.18E+13

cfu/year

64.

Rappahannock River, Mark Haven Beach

Shellfish Bacteria Total Maximum Daily Load Development for Upper Rappahannock Tidal River, Unsegmented Estuaries in E23, Little Carter Creek, Jugs Creek, Piscataway Creek, Mark Haven Beach and Garrett's Marina

Essex

E25

Fecal coliform

6.72E+08

counts/day

65.

Rappahannock River, Garrett's Marina

Shellfish Bacteria Total Maximum Daily Load Development for Upper Rappahannock Tidal River, Unsegmented Estuaries in E23, Little Carter Creek, Jugs Creek, Piscataway Creek, Mark Haven Beach and Garrett's Marina

Essex

E24

Fecal coliform

1.94E+09

counts/day

66.

Upper Rappahannock River

Shellfish Bacteria Total Maximum Daily Load Development for Upper Rappahannock Tidal River, Unsegmented Estuaries in E23, Little Carter Creek, Jugs Creek, Piscataway Creek, Mark Haven Beach and Garrett's Marina

Westmoreland, Essex, Richmond

E22, E23, E24

Fecal coliform

7.08E+10

counts/day

67.

Little Carter Creek, Jugs Creek

Shellfish Bacteria Total Maximum Daily Load Development for Upper Rappahannock Tidal River, Unsegmented Estuaries in E23, Little Carter Creek, Jugs Creek, Piscataway Creek, Mark Haven Beach and Garrett's Marina

Richmond

E23

Fecal coliform

1.01E+10

counts/day

68.

Piscataway Creek

Shellfish Bacteria Total Maximum Daily Load Development for Upper Rappahannock Tidal River, Unsegmented Estuaries in E23, Little Carter Creek, Jugs Creek, Piscataway Creek, Mark Haven Beach and Garrett's Marina

Essex

E23

Fecal coliform

4.92E+10

counts/day

69.

Urbanna Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Urbanna Creek

Middlesex

E25

Fecal coliform

N/A2

MPN/day

70.

Meachim Creek (179A)

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Whiting and Meachim Creeks

Middlesex

E26

Fecal coliform

N/A2

MPN/day

71.

Meachim Creek (179B)

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Whiting and Meachim Creeks

Middlesex

E26

Fecal coliform

N/A2

MPN/day

72.

Rappahannock River: Whiting Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Whiting and Meachim Creeks

Middlesex

E26

Fecal coliform

N/A2

MPN/day

Notes:
1The total WLA can be increased prior to modification provided that DEQ tracks these changes for bacteria TMDLs where the permit is consistent with water quality standards for bacteria.

2There were no point source dischargers in the modeled TMDL area.

B. Stream segment classifications, effluent limitations including water quality based effluent limitations, and waste load wasteload allocations.

9VAC25-720-70 Rappahannock Area Development Commission (RADCO) 208 Area Wide Waste Treatment Management Plan And Potomac-Shenandoah River Basin 303(e) Water Quality Management Plan is included in The Potomac River Basin section.

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

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

Virginia Waterbody ID

Discharger Name

VPDES Permit No.

Total Nitrogen (TN) Waste Load Wasteload Allocation (lbs/yr)

Total Phosphorus (TP) Waste Load Wasteload Allocation (lbs/yr)

E09R

Culpeper WWTP (1)1

VA0061590

54,820

4,112

E02R

Marshall WWTP

VA0031763

7,797

585

E09R

Mountain Run STP (2)2

VA0090212

30,456

2,284

E13R

Orange STP

VA0021385

36,547

2,741

E11R

Rapidan STP

VA0090948

7,309

548

E02R

Remington WWTP (3)3

VA0076805

30,456

2,284

E02R

Clevengers Corner STP (4)4

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

65,784

4,934

E20E

Fredericksburg WWTF

VA0025127

54,820

4,112

E21E

Haymount WWTF (5)5

VA0089125

11,695

877

E24E

Haynesville CC WWTP

VA0023469

2,802

210

E21E

Hopyard Farms STP

VA0089338

6,091

457

E20E

Little Falls Run WWTF

VA0076392

97,458

7,309

E20E

Massaponax WWTF

VA0025658

97,458

7,309

E23R

Montross Westmoreland WWTP

VA0072729

1,584

119

E21E

Oakland Park STP

VA0086789

1,706

128

E23E

Tappahannock WWTP

VA0071471

9,746

731

E26E

Urbanna WWTP

VA0026263

1,218

91

E21R

US Army - Ft. A P Hill WWTP

VA0032034

6,457

484

E23E

Warsaw Aerated Lagoons

VA0026891

3,655

274

C01E

Omega Protein - Reedville

VA0003867

21,213

1,591

C01E

Reedville Sanitary District

VA0060712

2,436

183

C01E

Kilmarnock WTP

VA0020788

6,091

457

TOTALS:

614,245

46,068

NOTE Notes:
(1)1Town of Culpeper WWTP waste load: wasteload allocations (WLAs) based on a design flow capacity of 4.5 million gallons per day (MGD). If plant is not certified to operate at 4.5 MGD design flow capacity by December 31, 2010, the WLAs will decrease to TN = 36,547 lbs/yr; TP = 2,741 lbs/yr, based on a design flow capacity of 3.0 MGD.

(2)2Mountain Run STP: waste load wasteload allocations (WLAs) based on a design flow capacity of 2.5 million gallons per day (MGD). If plant is not certified to operate at 2.5 MGD design flow capacity by December 31, 2010, the WLAs will decrease to TN = 18,273 lbs/yr; TP = 1,371 lbs/yr, based on a design flow capacity of 1.5 MGD.

(3)3Fauquier Co. W&SA-Remington STP: waste load wasteload allocations (WLAs) based on a design flow capacity of 2.5 million gallons per day (MGD). If plant is not certified to operate at 2.5 MGD design flow capacity by December 31, 2010, the WLAs will decrease to TN = 24,364 lbs/yr; TP = 1,827 lbs/yr, based on a design flow capacity of 2.0 MGD.

(4)4Clevengers Corner STP: waste load wasteload allocations (WLAs) based on a design flow capacity of 0.9 million gallons per day (MGD). If plant is not certified to operate at 0.9 MGD design flow capacity by December 31, 2010, the WLAs will decrease to TN = 7,309 lbs/yr; TP = 548 lbs/yr, based on a design flow capacity of 0.6 MGD.

(5)5Haymount STP: waste load wasteload allocations (WLAs) based on a design flow capacity of 0.96 million gallons per day (MGD). If plant is not certified to operate at 0.96 MGD design flow capacity by December 31, 2010, the WLAs will decrease to TN = 7,066 lbs/yr; TP = 530 lbs/yr, based on a design flow capacity of 0.58 MGD.

9VAC25-720-80. Roanoke River Basin.

A. Total Maximum Daily Load maximum daily loads (TMDLs).

TMDL #

Stream Name

TMDL Title

City/County

WBID

Pollutant

WLA1

Units

1.

Ash Camp Creek

Total Maximum Daily Load Development for Ash Camp Creek

Charlotte

L39R

Sediment

20.7

T/YR

2.

North Fork Blackwater River

Total Maximum Daily Load (TMDL) Development for the Upper Blackwater River Watershed

Franklin

L08R

Sediment

0

T/YR

3.

North Fork Blackwater River

Total Maximum Daily Load (TMDL) Development for the Upper Blackwater River Watershed

Franklin

L08R

Phosphorus

0

T/YR

4.

Upper Blackwater River

Total Maximum Daily Load (TMDL) Development for the Upper Blackwater River Watershed

Franklin

L08R

Sediment

0.526

T/YR

5.

Flat Creek

Benthic TMDL for Flat Creek Watershed, Virginia

Mecklenburg

L79R

Sediment

76.2

T/YR

6.

Twitty's Twittys Creek

Benthic TMDL for Twittys Creek Watershed, Virginia

Charlotte

L39R

Sediment

20.4

T/YR

7.

Roanoke River

Benthic TMDL Development for the Roanoke River, Virginia

Roanoke, Montgomery, Floyd, Botetout Botetourt, Salem, Roanoke

L04R

Sediment

5,189

T/YR

8.

North Fork Roanoke River

Roanoke River PCB TMDL Development

Montgomery

L02R

tPCB

28.2

MG/YR

9.

South Fork Roanoke River

Roanoke River PCB TMDL Development

Montgomery

L01R

tPCB

230.2

MG/YR

10.

Masons Creek

Roanoke River PCB TMDL Development

Roanoke

L03R, L04R

tPCB

9.1

MG/YR

11.

Peters Creek

Roanoke River PCB TMDL Development

Botetourt, Roanoke

L04R

tPCB

65.4

MG/YR

12.

Tinker Creek

Roanoke River PCB TMDL Development

Botetourt, Roanoke

L05R

tPCB

103.9

MG/YR

13.

Wolf Creek

Roanoke River PCB TMDL Development

Bedford

L21R

tPCB

10.0

MG/YR

14.

UT to Roanoke River

Roanoke River PCB TMDL Development

Bedford

L21R

tPCB

0.5

MG/YR

15.

Roanoke River, (upper)

Roanoke River PCB TMDL Development

Montgomery, Botetourt, Roanoke

L03R, L04R, L12L

tPCB

28,157.7

MG/YR

16.

Goose Creek

Roanoke River PCB TMDL Development

Bedford, Campbell, Pittsylvania

L20R, L21R L22R

tPCB

0.1

MG/YR

17.

Sycamore Creek

Roanoke River PCB TMDL Development

Pittsylvania

L19R

tPCB

1.4

MG/YR

18.

Lynch Creek

Roanoke River PCB TMDL Development

Campbell

L19R

tPCB

0.1

MG/YR

19.

Reed Creek

Roanoke River PCB TMDL Development

Pittsylvania

L19R

tPCB

0.0

MG/YR

20.

X-Trib

Roanoke River PCB TMDL Development

Campbell

L19R

tPCB

0.1

MG/YR

21.

UT to Roanoke River

Roanoke River PCB TMDL Development

Campbell

L19R

tPCB

0.1

MG/YR

22.

Little Otter River

Roanoke River PCB TMDL Development

Bedford, Campbell

L26R

tPCB

0.0

MG/YR

23.

Big Otter River

Roanoke River PCB TMDL Development

Bedford, Campbell

L23R

tPCB

0.0

MG/YR

24.

Straightstone Creek

Roanoke River PCB TMDL Development

Pittsylvania

L30R

tPCB

0.0

MG/YR

25.

Seneca Creek

Roanoke River PCB TMDL Development

Campbell

L31R

tPCB

0.0

MG/YR

26.

Whipping Creek

Roanoke River PCB TMDL Development

Campbell

L30R

tPCB

0.0

MG/YR

27.

Falling River

Roanoke River PCB TMDL Development

Appomattox, Campbell

L32R

tPCB

0.0

MG/YR

28.

Childrey Creek

Roanoke River PCB TMDL Development

Halifax

L30R

tPCB

0.0

MG/YR

29.

Catawba Creek

Roanoke River PCB TMDL Development

Halifax

L36R

tPCB

0.0

MG/YR

30.

Turnip Creek

Roanoke River PCB TMDL Development

Charlotte

L36R

tPCB

0.0

MG/YR

31.

Hunting Creek

Roanoke River PCB TMDL Development

Halifax

L38R

tPCB

0.0

MG/YR

32.

Cub Creek

Roanoke River PCB TMDL Development

Appomattox, Charlotte

L37R

tPCB

0.0

MG/YR

33.

Black Walnut Creek

Roanoke River PCB TMDL Development

Halifax

L38R

tPCB

0.8

MG/YR

34.

Roanoke Creek

Roanoke River PCB TMDL Development

Charlotte

L39R

tPCB

0.0

MG/YR

35.

Difficult Creek

Roanoke River PCB TMDL Development

Halifax

L41R

tPCB

0.0

MG/YR

36.

Roanoke River

Roanoke River PCB TMDL Development

Appomattox, Campbell, Charlotte, Pittsylvania, Halifax

L19R

tPCB

1,931.8

MG/YR

37.

Winn Creek

Bacterial TMDL Development for the Banister River and Winn Creek Watersheds

Halifax

L71

E. coli

5.25E+10

cfu/year

38.

Banister River

Bacterial TMDL Development for the Banister River and Winn Creek Watersheds

Halifax

L71

E. coli

1.17E+12

cfu/year

39.

Banister River

Bacteria TMDL Development for the Banister River, Bearskin Creek, Cherrystone Creek, Polecat Creek, Stinking River, Sandy Creek, and Whitehorn Creek Watersheds

Pittsylvania, Halifax

L65, L66, L67, L68, L69, L70, L71

E. coli

2.78E+10

cfu/year

40.

Polecat Creek

Bacteria TMDL Development for the Banister River, Bearskin Creek, Cherrystone Creek, Polecat Creek, Stinking River, Sandy Creek, and Whitehorn Creek Watersheds

Halifax

L71

E. coli

8.40E+10

cfu/year

41.

Bearskin Creek

Bacteria TMDL Development for the Banister River, Bearskin Creek, Cherrystone Creek, Polecat Creek, Stinking River, Sandy Creek, and Whitehorn Creek Watersheds

Pittsylvania

L65

E. coli

9.18E+10

cfu/year

42.

Stinking River

Bacteria TMDL Development for the Banister River, Bearskin Creek, Cherrystone Creek, Polecat Creek, Stinking River, Sandy Creek, and Whitehorn Creek Watersheds

Pittsylvania

L69

E. coli

1.50E+11

cfu/year

43.

Banister River

Bacteria TMDL Development for the Banister River, Bearskin Creek, Cherrystone Creek, Polecat Creek, Stinking River, Sandy Creek, and Whitehorn Creek Watersheds

Pittsylvania

L65

E. coli

1.52E+11

cfu/year

44.

Sandy Creek

Bacteria TMDL Development for the Banister River, Bearskin Creek, Cherrystone Creek, Polecat Creek, Stinking River, Sandy Creek, and Whitehorn Creek Watersheds

Pittsylvania

L70

E. coli

3.94E+11

cfu/year

45.

Whitehorn Creek

Bacteria TMDL Development for the Banister River, Bearskin Creek, Cherrystone Creek, Polecat Creek, Stinking River, Sandy Creek, and Whitehorn Creek Watersheds

Pittsylvania

L68

E. coli

3.06E+12

cfu/year

46.

Cherrystone Creek

Bacteria TMDL Development for the Banister River, Bearskin Creek, Cherrystone Creek, Polecat Creek, Stinking River, Sandy Creek, and Whitehorn Creek Watersheds

Pittsylvania

L66

E. coli

5.86E+12

cfu/year

47.

Beaverdam Creek, lower

Bacteria TMDL for Beaverdam Creek

Bedford

L07

E. coli

1.39E+10

cfu/year

48.

Big Otter River

Fecal Coliform TMDL for Sheep Creek, Elk Creek, Machine Creek, Little Otter River, and Lower Big Otter River

Campbell, Bedford

L23, L24, L25, L26, L27, L28, L29

Fecal coliform

1.00E+11

cfu/year

49.

Big Otter River and Elk Creek

Fecal Coliform TMDL for Sheep Creek, Elk Creek, Machine Creek, Little Otter River, and Lower Big Otter River

Bedford

L25

Fecal coliform

1.19E+12

cfu/year

50.

Big Otter River and Falling Creek

Fecal Coliform TMDL for Sheep Creek, Elk Creek, Machine Creek, Little Otter River, and Lower Big Otter River

Bedford

L27

Fecal coliform

1.00E+11

cfu/year

51.

Big Otter River and Sheep Creek

Fecal Coliform TMDL for Sheep Creek, Elk Creek, Machine Creek, Little Otter River, and Lower Big Otter River

Bedford

L23

Fecal coliform

1.00E+11

cfu/year

52.

Machine Creek

Fecal Coliform TMDL for Sheep Creek, Elk Creek, Machine Creek, Little Otter River, and Lower Big Otter River

Bedford

L26

Fecal coliform

1.00E+11

cfu/year

53.

Little Otter River

Fecal Coliform TMDL for Sheep Creek, Elk Creek, Machine Creek, Little Otter River, and Lower Big Otter River

Bedford

L26

Fecal coliform

5.65E+12

cfu/year

54.

Birch Creek

Bacteria TMDL for Birch Creek Watershed

Halifax

L63

E. coli

0

cfu/year

55.

Byrds Branch2

Bacteria TMDL Development for the Dan River, Blackberry Creek, Byrds Branch, Double Creek, Fall Creek, Leatherwood Creek, Marrowbone Creek, North Fork Mayo River, South Fork Mayo River, Smith River, Sandy Creek, and Sandy River Watersheds

Halifax

L62

E. coli

5.22E+09

cfu/year

56.

Sandy Creek2

Bacteria TMDL Development for the Dan River, Blackberry Creek, Byrds Branch, Double Creek, Fall Creek, Leatherwood Creek, Marrowbone Creek, North Fork Mayo River, South Fork Mayo River, Smith River, Sandy Creek, and Sandy River Watersheds

Pittsylvania

L59

E. coli

5.22E+09

cfu/year

57.

Blackberry Creek2

Bacteria TMDL Development for the Dan River, Blackberry Creek, Byrds Branch, Double Creek, Fall Creek, Leatherwood Creek, Marrowbone Creek, North Fork Mayo River, South Fork Mayo River, Smith River, Sandy Creek, and Sandy River Watersheds

Henry

L52

E. coli

6.72E+10

cfu/year

58.

Double Creek2

Bacteria TMDL Development for the Dan River, Blackberry Creek, Byrds Branch, Double Creek, Fall Creek, Leatherwood Creek, Marrowbone Creek, North Fork Mayo River, South Fork Mayo River, Smith River, Sandy Creek, and Sandy River Watersheds

Pittsylvania

L62

E. coli

7.56E+10

cfu/year

59.

Fall Creek2

Bacteria TMDL Development for the Dan River, Blackberry Creek, Byrds Branch, Double Creek, Fall Creek, Leatherwood Creek, Marrowbone Creek, North Fork Mayo River, South Fork Mayo River, Smith River, Sandy Creek, and Sandy River Watersheds

Pittsylvania, Danville

L61

E. coli

9.06E+10

cfu/year

60.

Sandy River2

Bacteria TMDL Development for the Dan River, Blackberry Creek, Byrds Branch, Double Creek, Fall Creek, Leatherwood Creek, Marrowbone Creek, North Fork Mayo River, South Fork Mayo River, Smith River, Sandy Creek, and Sandy River Watersheds

Pittsylvania

L58

E. coli

1.08E+11

cfu/year

61.

Marrowbone Creek2

Bacteria TMDL Development for the Dan River, Blackberry Creek, Byrds Branch, Double Creek, Fall Creek, Leatherwood Creek, Marrowbone Creek, North Fork Mayo River, South Fork Mayo River, Smith River, Sandy Creek, and Sandy River Watersheds

Henry

L55

E. coli

1.21E+11

cfu/year

62.

North Mayo River2

Bacteria TMDL Development for the Dan River, Blackberry Creek, Byrds Branch, Double Creek, Fall Creek, Leatherwood Creek, Marrowbone Creek, North Fork Mayo River, South Fork Mayo River, Smith River, Sandy Creek, and Sandy River Watersheds

Patrick, Henry

L46, L47

E. coli

2.44E+11

cfu/year

63.

Leatherwood Creek2

Bacteria TMDL Development for the Dan River, Blackberry Creek, Byrds Branch, Double Creek, Fall Creek, Leatherwood Creek, Marrowbone Creek, North Fork Mayo River, South Fork Mayo River, Smith River, Sandy Creek, and Sandy River Watersheds

Henry

L56

E. coli

3.49E+11

cfu/year

64.

South Mayo River2

Bacteria TMDL Development for the Dan River, Blackberry Creek, Byrds Branch, Double Creek, Fall Creek, Leatherwood Creek, Marrowbone Creek, North Fork Mayo River, South Fork Mayo River, Smith River, Sandy Creek, and Sandy River Watersheds

Patrick

L43, L44, L45

E. coli

5.11E+11

cfu/year

65.

Smith River2

Bacteria TMDL Development for the Dan River, Blackberry Creek, Byrds Branch, Double Creek, Fall Creek, Leatherwood Creek, Marrowbone Creek, North Fork Mayo River, South Fork Mayo River, Smith River, Sandy Creek, and Sandy River Watersheds

Franklin, Henry, Martinsville

L52, L53

E. coli

8.94E+11

cfu/year

66.

Dan River2

Bacteria TMDL Development for the Dan River, Blackberry Creek, Byrds Branch, Double Creek, Fall Creek, Leatherwood Creek, Marrowbone Creek, North Fork Mayo River, South Fork Mayo River, Smith River, Sandy Creek, and Sandy River Watersheds

Patrick, Martinsville, Danville, Halifax, Henry, Pittsylvania

L42, L43, L44, L45, L46, L47, L48, L49, L50, L51, L52, L53, L54, L55, L56, L57, L58, L59, L60, L61, L62, L63, L64, L73

E. coli

1.76E+13

cfu/year

67.

Smith River2

Bacteria TMDL Development for the Dan River, Blackberry Creek, Byrds Branch, Double Creek, Fall Creek, Leatherwood Creek, Marrowbone Creek, North Fork Mayo River, South Fork Mayo River, Smith River, Sandy Creek, and Sandy River Watersheds

Patrick, Henry, Martinsville, Franklin

L50, L51, L52, L53, L54, L55, L56

E. coli

1.04E+14

cfu/year

68.

Falling River

Bacteria TMDL for Falling River Watershed

Campbell, Appomattox

L32, J33, J34, J35

E. coli

9.05E+11

cfu/year

69.

Flat Creek

Bacteria TMDL for Flat Creek

Mecklenburg

L79

E. coli

3.48E+12

cfu/year

70.

Gills Creek

Total Maximum Daily Load for Fecal Coliform for Gills Creek

Franklin

L11

Fecal coliform

2.01E+12

cfu/year

71.

Great Creek

Bacteria TMDL for Great Creek

Mecklenburg

L80

E. coli

3.52E+09

cfu/year

72.

Lower Blackwater River and tributaries

Total Maximum Daily Load of Fecal Coliform for the Lower Blackwater River

Franklin

L08, L09, L10

Fecal coliform

1.81E+11

cfu/year

73.

Maggodee Creek and Mollie Branch

Fecal Coliform TMDL Development for Maggodee Creek

Franklin

L09

Fecal coliform

8.28E+10

cfu/year

74.

Middle Blackwater River, Little Creek, and Teels Creek

Fecal Coliform TMDL Development for Middle Blackwater River

Franklin

L08

Fecal coliform

9.55E+10

cfu/year

75.

North Fork Blackwater River

Fecal Coliform TMDL Development for North Fork of the Blackwater River

Franklin

L08

Fecal coliform

0

cfu/year

76.

Old Womans Creek

Bacteria Total Maximum Daily Load Development for Pigg River, Snow Creek, Story Creek, and Old Womans Creek

Pittsylvania

L13

E. coli

7.00E+10

cfu/year

77.

Upper Pigg River

Bacteria Total Maximum Daily Load Development for Pigg River, Snow Creek, Story Creek, and Old Womans Creek

Franklin

L14

E. coli

4.83E+11

cfu/year

78.

Story Creek

Bacteria Total Maximum Daily Load Development for Pigg River, Snow Creek, Story Creek, and Old Womans Creek

Franklin

L14

E. coli

6.99E+11

cfu/year

79.

Snow Creek

Bacteria Total Maximum Daily Load Development for Pigg River, Snow Creek, Story Creek, and Old Womans Creek

Franklin, Henry, Pittsylvania

L17

E. coli

8.60E+11

cfu/year

80.

Pigg River - Leesville Lake

Bacteria Total Maximum Daily Load Development for Pigg River, Snow Creek, Story Creek, and Old Womans Creek

Pittsylvania, Franklin

L14, L15, L16, L17, L18

E. coli

3.51E+12

cfu/year

81.

South Fork Blackwater River, lower and tributaries

Fecal Coliform TMDL Development for South Fork of the Blackwater River

Franklin

L08

Fecal coliform

2.80E+09

cfu/year

82.

South Mayo River

Bacteria TMDL for South Mayo River

Patrick

L43, L44, L45

E. coli

1.04E+12

cfu/year

83.

Unnamed tributary to Buffalo Creek

Bacteria TMDLs for the Cub Creek, Turnip Creek, Buffalo Creek, Buffalo Creek (UT), and Staunton River Watersheds

Charlotte

L40

E. coli

1.65E+08

cfu/year

84.

Buffalo Creek

Bacteria TMDLs for the Cub Creek, Turnip Creek, Buffalo Creek, Buffalo Creek (UT), and Staunton River Watersheds

Charlotte

L40

E. coli

2.06E+09

cfu/year

85.

Turnip Creek

Bacteria TMDLs for the Cub Creek, Turnip Creek, Buffalo Creek, Buffalo Creek (UT), and Staunton River Watersheds

Charlotte

L36

E. coli

1.30E+10

cfu/year

86.

Cub Creek

Bacteria TMDLs for the Cub Creek, Turnip Creek, Buffalo Creek, Buffalo Creek (UT), and Staunton River Watersheds

Charlotte, Appomattox

L37

E. coli

1.43E+11

cfu/year

87.

Staunton (Roanoke) River

Bacteria TMDLs for the Cub Creek, Turnip Creek, Buffalo Creek, Buffalo Creek (UT), and Staunton River Watersheds

Charlotte, Bedford, Halifax, Campbell, Franklin, Pittsylvania

L07, L08, L09, L10, L11, L12, L13, L14, L15, L16, L17, L18, L19, L20, L21, L22, L23, L24, L25, L26, L27, L28, L29, L30, L31, L32, L33, L34, L35, L36, L37, L38, L39, L40, L41

E. coli

2.34E+13

cfu/year

88.

Lick Run

Fecal Coliform Total Maximum Daily Load Development for Glade Creek, Tinker Creek, Carvin Creek, Laymantown Creek and Lick Run

Roanoke City

L05

E. coli

7.17E+10

cfu/year

89.

Glade Creek

Fecal Coliform Total Maximum Daily Load Development for Glade Creek, Tinker Creek, Carvin Creek, Laymantown Creek and Lick Run

Botetourt

L05

E. coli

4.00E+11

cfu/year

90.

Laymantown Creek

Fecal Coliform Total Maximum Daily Load Development for Glade Creek, Tinker Creek, Carvin Creek, Laymantown Creek and Lick Run

Botetourt

L05

E. coli

4.36E+11

cfu/year

91.

Tinker Creek

Fecal Coliform Total Maximum Daily Load Development for Glade Creek, Tinker Creek, Carvin Creek, Laymantown Creek and Lick Run

Roanoke, Roanoke City, Botetourt

L05

E. coli

5.07E+12

cfu/year

92.

Carvin Creek

Fecal Coliform Total Maximum Daily Load Development for Glade Creek, Tinker Creek, Carvin Creek, Laymantown Creek and Lick Run

Botetourt

L05

E. coli

5.24E+12

cfu/year

93.

Upper Blackwater River

Fecal Coliform TMDL Development for Upper Blackwater River

Franklin

L08

Fecal coliform

0

cfu/year

94.

Wilson Creek

Bacteria TMDLs for Wilson Creek, Ore Branch and Roanoke River Watersheds

Montgomery

L02

E. coli

6.65E+09

cfu/year

95.

Ore Branch

Bacteria TMDLs for Wilson Creek, Ore Branch and Roanoke River Watersheds

Roanoke City

L04

E. coli

2.17E+10

cfu/year

96.

Roanoke River

Bacteria TMDLs for Wilson Creek, Ore Branch and Roanoke River Watersheds

Roanoke, Roanoke City, Salem, Montgomery, Botetourt

L01, L02, L03, L04, L05, L06

E. coli

1.10E+14

cfu/year

Notes:
1The total WLA can be increased prior to modification provided that DEQ tracks these changes for bacteria TMDLs where the permit is consistent with water quality standards for bacteria.

2WLAs from the Dan River TMDL report represent the WLA for the watershed, which may include North Carolina waters in addition to Virginia waters. Virginia permits will be issued in accordance with the Virginia water quality standard.

B. Non-TMDL waste load wasteload allocations.

Water Body

Permit No.

Facility Name

Outfall No.

Receiving Stream

River Mile

Parameter Description

WLA

Units WLA

VAW-L04R

VA0072389

Oak Ridge Mobile Home Park

001

Falling Creek UT

0.32

BOD5

0.85

KG/D

VAW-L04R

VA0025020

Roanoke City Regional Water Pollution Control Plant

001

Roanoke River

201.81

BOD5

1173

KG/D

TKN, APR-SEP

318

KG/D

TKN, OCT-MAR

636

KG/D

001

Roanoke River

201.81

BOD5

1173

KG/D

TKN, APR-SEP

416

KG/D

TKN, OCT-MAR

832

KG/D

001

Roanoke River

201.81

BOD5

1173

KG/D

TKN, APR-SEP

469

KG/D

TKN, OCT-MAR

939

KG/D

VAW-L04R

VA0077895

Roanoke Moose Lodge

001

Mason Creek

7.79

BOD5, JUN-SEP

0.24

KG/D

TKN, JUN-SEP

0.09

KG/D

VAW-L07R

VA0020842

Bedford County School Board- Stewartsville Elementary School

001

Nat Branch, UT

0.59

BOD5

0.5

KG/D

VAW-L14R

VA0029254

Ferrum Water and Sewage Auth. - Ferrum Sewage Treatment Plant

001

Storey Creek

9.78

BOD5

14.2

KG/D

VAW-L14R

VA0085952

Rocky Mount Town Sewage Treatment Plant

001

Pigg River

52

BOD5

133

KG/D

VAW-L14R

VA0076015

Ronile Incorporated

001

Pigg River

57.24

BOD5

14.8

KG/D

VAW-L21R

VA0063738

Bedford County School Board - Staunton River High School

001

Shoulder Run, UT

0.95

BOD5

1.8

KG/D

VAW-L21R

VA0020869

Bedford County School Board - Thaxton Elementary School

001

Wolf Creek, UT

0.35

BOD5

0.31

KG/D

VAW-L22R

VA0023515

Blue Ridge Regional Jail Auth. - Moneta Adult Detention Facility STP

001

Mattox Creek, UT

3.76

BOD5

1.66

KG/D

VAW-L25R

VA0020851

Bedford County School Board - Otter River Elementary School

001

Big Otter River, UT

1.15

BOD5

0.4

KG/D

VAW-L26R

VA0022390

Bedford City - Sewage Treatment Plant

001

Little Otter River

14.36

BOD5

52.8

KG/D

VAW-L26R

VA0020818

Bedford County School Board - Body Camp Elementary

001

Wells Creek, UT

2.22

BOD5

0.4

KG/D

VAW-L27R

VA0020826

Bedford County School Board - New London Academy

001

Buffalo Creek, UT

0.67

BOD5

0.39

KG/D

VAC-L29R

VA0031194

Briarwood Village Mobile Home Park STP

001

Smith Branch, UT

2.82

BOD5

1.3

KG/D

VAC-L35R

VA0023965

Campbell Co Util & Serv Auth. - Rustburg

001

Mollys Creek

17.81

BOD5

8.13

KG/D

VAC-L39R

VA0084433

Drakes Branch WWTP

001

Twitty's Twittys Creek

6.04

BOD5

6.4

KG/D

VAC-L39R

VA0024058

Keysville WWTP

001

Ash Camp Creek

7.63

CBOD5, MAY-NOV

32.1

KG/D

TKN, MAY-NOV

7.57

KG/D

AC-L39R

VA0050822

Westpoint Stevens Inc Drakes Branch

001

Twittys Creek

7.22

BOD5

6.31

KG/D

VAW-L43R

VA0022985

Stuart Town - Sewage Treatment Plant

001

South Mayo River

30.78

BOD5

63.5

KG/D

VAW-L54R

VA0069345

Henry Co Public Service Auth. - Lower Smith River STP

001

Smith River

19.4

BOD5

257

KG/D

VAW-L54R

VA0025305

Martinsville City Sewage Treatment Plant

001

Smith River

22.69

BOD5

681

KG/D

VAC-L60R

VA0060593

Danville City - Northside

001

Dan River

53.32

BOD5, JUN-OCT

1907

KG/D

TKN, JUN-OCT

1817

KG/D

VAC-L66R

VA0020524

Town of Chatham STP

001

Cherrystone Creek

2.49

CBOD5

64.8

KG/D

TKN

38.9

KG/D

VAC-L75L

VA0020168

Clarksville WWTP

001

Blue Creek/John H. Kerr Reservoir

0.1

BOD5

59.5

KG/D

VAC-L77R

VA0076881

Chase City Regional WWTP

001

Little Bluestone Creek

13.67

CBOD5, MAY-NOV

29.5

KG/D

TKN, MAY-NOV

9.5

KG/D

VAC-L78R

VA0026247

Boydton WWTP

001

Coleman Creek

3.79

CBOD5, MAY-NOV

17.7

KG/D

TKN, MAY-NOV

4.1

KG/D

VAC-L79R

VA0069337

South Hill WWTP

001

Flat Creek

8.95

CBOD5, APR-NOV

60.6

KG/D

9VAC25-720-90. Tennessee-Big Sandy River Basin.

A. Total maximum daily load loads (TMDLs).

TMDL #

Stream Name

TMDL Title

City/County

WBID

Pollutant

WLA1

Units

1.

Guest River

Guest River Total Maximum Load Report

Wise

P11R

Sediment

317.92

LB/YR

2.

Cedar Creek

Total Maximum Daily Load (TMDL) Development for Cedar Creek, Hall/Byers Creek and Hutton Creek

Washington

O05R

Sediment

1,789.93

LB/YR

3.

Hall/Byers Creek

Total Maximum Daily Load (TMDL) Development for Cedar Creek, Hall/Byers Creek and Hutton Creek

Washington

O05R

Sediment

57,533.49

LB/YR

4.

Hutton Creek

Total Maximum Daily Load (TMDL) Development for Cedar Creek, Hall/Byers Creek and Hutton Creek

Washington

O05R

Sediment

91.32

LB/YR

5.

Clinch River

Total Maximum Daily Load Development for the Upper Clinch River Watershed

Tazewell

P01R

Sediment

206,636

LB/YR

6.

Lewis Creek

Total Maximum Daily Load Development for the Lewis Creek Watershed

Russell

P04R

Sediment

40,008

LB/YR

7.

Black Creek

General Standard Total Maximum Daily Load Development for Black Creek, Wise County, Virginia

Wise

P17R

Manganese

2,127

KG/YR

8.

Dumps Creek

General Standard Total Maximum Daily Load Development for Dumps Creek, Russell County, Virginia

Russell

P08R

Total Dissolved Solids dissolved solids

1,631,575

KG/YR

9.

Dumps Creek

General Standard Total Maximum Daily Load Development for Dumps Creek, Russell County, Virginia

Russell

P08R

Total Suspended Solids suspended solids

316,523

KG/YR

10.

Beaver Creek

Total Maximum Daily Load Development for the Beaver Creek Watershed

Washington

O07R

Sediment

784,036

LB/YR

11.

Stock Creek

General Standard (Benthic) Total Maximum Daily Load Development for Stock Creek

Scott

P13R

Sediment

0

T/YR

12.

Lick Creek

Lick Creek TMDLs for Benthic Impairments-Dickenson, Russell and Wise Counties

Dickenson, Russell, Wise

P10R

Sediment

63

T/YR

13.

Cigarette Hollow

Lick Creek TMDLs for Benthic Impairments-Dickenson, Russell and Wise Counties

Dickenson, Russell, Wise

P10R

Sediment

0.4

T/YR

14.

Laurel Branch

Lick Creek TMDLs for Benthic Impairments-Dickenson, Russell and Wise Counties

Dickenson, Russell, Wise

P10R

Sediment

3.9

T/YR

15.

Right Fork

Lick Creek TMDLs for Benthic Impairments-Dickenson, Russell and Wise Counties

Dickenson, Russell, Wise

P10R

Sediment

1.3

T/YR

16.

Middle Fork Holston River

Bacteria and Benthic Total Maximum Daily Load Development for Middle Fork Holston River

Washington, Smyth

O05R

Sediment

100.4

T/YR

17.

Wolf Creek

Bacteria and Benthic Total Maximum Daily Load Development for Wolf Creek

Washington

O06R

Sediment

301.6

T/YR

18.

North Fork Holston River

Mercury Total Maximum Daily Load Development for the North Fork Holston River, Virginia

Scott, Washington, Smyth, Bland, Tazewell, Russell

O10R

Total Mercury mercury

11.9

G/YR

19.

Laurel Creek

Bacteria and Sediment TMDL Development Lower Clinch River Watershed, VA

Russell, Tazewell

P05R

Sediment

0.26

T/YR

20.

Thompson Creek

Bacteria and Sediment TMDL Development Lower Clinch River Watershed, VA

Russell

P07R

Sediment

0.22

T/YR

21.

Beaver Creek

Total Maximum Daily Load Development for the Beaver Creek Watershed

Washington, Bristol

O07

E. coli

1.23E+12

cfu/year

22.

Black Creek and tributaries

General Standard TMDL Development for Black Creek

Wise

P17

Alkalinity

0

kg/year

23.

Callahan Creek

Fecal Bacteria and General Standard Total Maximum Daily Load Development for Callahan Creek

Wise

P17

E. coli

1.74E+09

cfu/year

24.

Hutton Creek and tributaries

Fecal Coliform TMDL Development for Cedar, Hall, Byers, and Hutton Creeks

Washington

O05

Fecal coliform

0

cfu/year

25.

Cedar Creek

Fecal Coliform TMDL Development for Cedar, Hall, Byers, and Hutton Creeks

Washington

O05

Fecal coliform

1.55E+10

cfu/year

26.

Hall/Byers Creek

Fecal Coliform TMDL Development for Cedar, Hall, Byers, and Hutton Creeks

Washington

O05

Fecal coliform

7.85E+10

cfu/year

27.

Stock Creek

Bacteria TMDL Development Clinch River and Cove Creek Watershed

Scott

P13

E. coli

2.15E+12

cfu/year

28.

Blackwater Creek

Bacteria TMDL Development Clinch River and Cove Creek Watershed

Lee

P16

E. coli

1.13E+13

cfu/year

29.

North Fork Clinch River

Bacteria TMDL Development Clinch River and Cove Creek Watershed

Scott

P13, P15

E. coli

1.90E+13

cfu/year

30.

Moll Creek

Bacteria TMDL Development Clinch River and Cove Creek Watershed

Russell, Scott

P14

E. coli

2.29E+13

cfu/year

31.

Clinch River

Bacteria TMDL Development Clinch River and Cove Creek Watershed

Russell, Scott

P13, P14

E. coli

2.92E+14

cfu/year

32.

Clinch River and Plum Creek (near Tazewell)

E. coli Total Maximum Daily Loads in the Upper Clinch River Watershed

Tazewell

P01, P02

E. coli

2.09E+13

cfu/year

33.

Clinch River, Coal Creek, and Middle Creek (near Richlands)

E. coli Total Maximum Daily Loads in the Upper Clinch River Watershed

Tazewell

P01, P02, P03

E. coli

6.29E+13

cfu/year

34.

Garden Creek

Total Maximum Daily Load Development for Garden Creek

Buchanan

Q04

E. coli

3.86E+11

cfu/year

35.

Crab Orchard Creek

Bacteria TMDLs for Sepulcher Creek, Toms Creek and Crab Orchard Branch

Wise

P11

E. coli

0

cfu/year

36.

Little Toms Creek

Bacteria TMDLs for Sepulcher Creek, Toms Creek and Crab Orchard Branch

Wise

P11

E. coli

1.04E+10

cfu/year

37.

Sepulcher Creek

Bacteria TMDLs for Sepulcher Creek, Toms Creek and Crab Orchard Branch

Wise

P11

E. coli

1.39E+10

cfu/year

38.

Toms Creek

Bacteria TMDLs for Sepulcher Creek, Toms Creek and Crab Orchard Branch

Wise

P11

E. coli

2.61E+10

cfu/year

39.

Indian Creek

Bacteria Total Maximum Daily Load Development for Indian Creek

Tazewell

P02

E. coli

1.75E+10

cfu/year

40.

Knox Creek and Guess Fork

Fecal Bacteria and General Standard Total Maximum Daily Load Development for Knox Creek and Pawpaw Creek

Buchanan

Q03

E. coli

4.53E+10

cfu/year

41.

Slate Creek

E. coli, Phased Benthic, and Phased Total PCB TMDL Development for Levisa Fork, Slate Creek, and Garden Creek

Buchanan

Q07

E. coli

5.29E+11

cfu/year

42.

Levisa Fork

E. coli, Phased Benthic, and Phased Total PCB TMDL Development for Levisa Fork, Slate Creek, and Garden Creek

Buchanan

Q04, Q05, Q06, Q07, Q08

E. coli

7.69E+12

cfu/year

43.

Lick Creek, Laurel Branch, Cigarette Hollow

Bacteria Total Maximum Daily Load Development for Lick Creek

Russell, Dickenson

P10

E. coli

2.42E+11

cfu/year

44.

Little Creek

Fecal Coliform TMDL for Little Creek Watershed

Washington, Bristol

O07

Fecal coliform

8.29E+09

cfu/year

45.

Bear Creek

Bacteria and Sediment TMDL Development Lower Clinch River Watershed

Wise

P11

E. coli

2.31E+12

cfu/year

46.

Clinch River, Little Stoney Creek, Staunton Creek, Fall Creek

Bacteria and Sediment TMDL Development Lower Clinch River Watershed

Russell, Scott

P13, P14

E. coli

3.14E+12

cfu/year

47.

Russell Creek

Bacteria and Sediment TMDL Development Lower Clinch River Watershed

Russell, Wise

P09, P10

E. coli

8.38E+12

cfu/year

48.

Guest River

Bacteria and Sediment TMDL Development Lower Clinch River Watershed

Norton, Wise

P11

E. coli

9.49E+12

cfu/year

49.

Stony Creek

Bacteria and Sediment TMDL Development Lower Clinch River Watershed

Scott

P12

E. coli

1.00E+13

cfu/year

50.

Elk Garden Creek, Loop Creek

Bacteria TMDL Development for the Middle Clinch River and Tributaries

Russell

P06

E. coli

6.36E+12

cfu/year

51.

Swords/Hess Creek

Bacteria TMDL Development for the Middle Clinch River and Tributaries

Russell

P04

E. coli

7.04E+12

cfu/year

52.

Dumps Creek

Bacteria TMDL Development for the Middle Clinch River and Tributaries

Russell

P08

E. coli

9.90E+12

cfu/year

53.

Big Cedar Creek, Burgess Creek

Bacteria TMDL Development for the Middle Clinch River and Tributaries

Russell

P06

E. coli

1.34E+13

cfu/year

54.

Lewis Creek

Bacteria TMDL Development for the Middle Clinch River and Tributaries

Russell

P04

E. coli

1.53E+13

cfu/year

55.

Clinch River

Bacteria TMDL Development for the Middle Clinch River and Tributaries

Tazewell, Russell

P01, P02, P03, P04, P05, P06, P07

E. coli

1.64E+13

cfu/year

56.

Middle Fork Holston River (VAS-O03R-02)

Bacteria and Benthic Total Maximum Daily Load Development for Middle Fork Holston River

Smyth

O03

E. coli

2.61E+10

cfu/year

57.

Middle Fork Holston River (VAS-O03R-01)

Bacteria and Benthic Total Maximum Daily Load Development for Middle Fork Holston River

Smyth

O03

E. coli

5.29E+10

cfu/year

58.

Middle Fork Holston River

Bacteria and Benthic Total Maximum Daily Load Development for Middle Fork Holston River

Smyth, Washington

O03, O04, O05

E. coli

7.62E+12

cfu/year

59.

Middle Fork Holston River

Bacteria and Benthic Total Maximum Daily Load Development for Middle Fork Holston River

Smyth

O03, O04

E. coli

1.04E+13

cfu/year

60.

Middle Fork Holston River

Bacteria and Benthic Total Maximum Daily Load Development for Middle Fork Holston River

Smyth

O03, O04, O05

E. coli

3.56E+13

cfu/year

61.

Abrams Creek

TMDL Development North Fork Holston River Watershed

Washington

O12

E. coli

6.83E+10

cfu/year

62.

Possum Creek

TMDL Development North Fork Holston River Watershed

Scott

O13

E. coli

2.74E+11

cfu/year

63.

Big Moccasin Creek

TMDL Development North Fork Holston River Watershed

Scott, Russell

O14

E. coli

4.43E+11

cfu/year

64.

North Fork Holston River, Upper

TMDL Development North Fork Holston River Watershed

Bland, Washington, Smyth, Tazewell

O09, O10, O11, O12

E. coli

1.06E+13

cfu/year

65.

North Fork Holston, lower

TMDL Development North Fork Holston River Watershed

Bland, Washington, Smyth, Tazewell, Scott, Russell

O09, O10, O11, O12, O13, 014

E. coli

1.33E+13

cfu/year

66.

Laurel Creek

TMDL Development North Fork Holston River Watershed

Tazewell

O10

Temperature

2.85

J/m2/s

67.

South Fork Powell River

E. coli and Phased Benthic Total Maximum Daily Load Development for Powell River and Tributaries (N.F. Powell River, S.F. Powell River, Butcher Fork, and Wallen Creek)

Wise

P18

E. coli

1.08E+11

cfu/year

68.

Butcher Fork

E. coli and Phased Benthic Total Maximum Daily Load Development for Powell River and Tributaries (N.F. Powell River, S.F. Powell River, Butcher Fork, and Wallen Creek)

Wise

P18

E. coli

3.08E+11

cfu/year

69.

Wallen Creek

E. coli and Phased Benthic Total Maximum Daily Load Development for Powell River and Tributaries (N.F. Powell River, S.F. Powell River, Butcher Fork, and Wallen Creek)

Lee

P22

E. coli

1.16E+12

cfu/year

70.

North Fork Powell River

E. coli and Phased Benthic Total Maximum Daily Load Development for Powell River and Tributaries (N.F. Powell River, S.F. Powell River, Butcher Fork, and Wallen Creek)

Lee

P20

E. coli

2.17E+12

cfu/year

71.

Upper Powell River

E. coli and Phased Benthic Total Maximum Daily Load Development for Powell River and Tributaries (N.F. Powell River, S.F. Powell River, Butcher Fork, and Wallen Creek)

Wise

P17

E. coli

4.39E+12

cfu/year

72.

Middle Powell River

E. coli and Phased Benthic Total Maximum Daily Load Development for Powell River and Tributaries (N.F. Powell River, S.F. Powell River, Butcher Fork, and Wallen Creek)

Wise, Lee

P17, P18, P19

E. coli

9.65E+12

cfu/year

73.

Lower Powell River

E. coli and Phased Benthic Total Maximum Daily Load Development for Powell River and Tributaries (N.F. Powell River, S.F. Powell River, Butcher Fork, and Wallen Creek)

Wise, Lee

P17, P18, P19, P20, P21

E. coli

1.51E+13

cfu/year

74.

Straight Creek

Fecal Bacteria and General Standard Total Maximum Daily Load Development for Straight Creek

Lee

P20

E. coli

0

cfu/year

75.

Mainstem North Fork Holston River

General Standard (Benthic) Total Maximum Daily Load Development for Upper North Fork Holston River

Bland, Smyth, Tazewell

O09, O10, O11

Chloride

862466

kg/year

76.

Wolf Creek

Bacteria and Benthic Total Maximum Daily Load Development for Wolf Creek

Washington

O06

E. coli

7.31E+13

cfu/year

Notes:
1The total WLA can be increased prior to modification provided that DEQ tracks these changes for bacteria TMDLs where the permit is consistent with water quality standards for bacteria.

B. Non-TMDL wasteload allocations.

Water Body

Permit No.

Facility Name

Receiving Stream

River Mile

Outfall No.

Parameter Description

WLA

Units WLA

VAS-Q13R

VA0061913

Pound WWTP

Pound River

33.26

001

CBOD5, JUN-NOV

28

KG/D

CBOD5, DEC-MAY

47

KG/D

TKN, JUN-NOV

28

KG/D

VAS-Q14R

VA0026565

Clintwood WWTP

Cranes Nest River

9.77

001

BOD5

30

KG/D

VAS-O06R

VA0026531

Wolf Creek Water Reclamation Facility

Wolf Creek

7.26

001

CBOD5

249.8

KG/D

VAS-P01R

VA0026298

Tazewell WWTP

Clinch River

346.26

001

CBOD5, JUN-NOV

76

KG/D

VAS-P03R

VA0021199

Richlands Regional WWTF

Clinch River

317.45

001

BOD5, JUN-NOV

273

KG/D

VAS-P06R

VA0020745

Lebanon WWTP

Big Cedar Creek

5.22

001

BOD5

91

KG/D

VAS-P11R

VA0077828

Coeburn Norton Wise Regional WWTP

Guest River

7.56

001

CBOD5, JUN-NOV

303

KG/D

CBOD5, DEC-MAY

379

KG/D

VAS-P15R

VA0029564

Duffield Industrial Park WWTP

North Fork Clinch River

21.02

001

BOD5

36

KG/D

VAS-P17R

VA0020940

Big Stone Gap Regional WWTP

Powell River

177.38

001

CBOD5, JUN-NOV

110

KG/D

9VAC25-720-100. Chowan River -- Dismal Swamp River Basin.

TMDL #

Stream Name

TMDL Title

City/County

WBID

Pollutant

WLA1

Units

1.

Unnamed Tributary tributary to Hurricane Branch

Benthic TMDL for Hurricane Branch Unnamed Tributary, Virginia

Nottoway

K16R

Sediment

60.9

T/YR

2.

Spring Branch

Total Maximum Daily Load Development for Spring Branch

Sussex

K32R

Phosphorus

145.82

KG/YR

3.

Albemarle Canal/North Landing River

Total Maximum Daily Load Development for Albemarle Canal/North Landing River, A Total Phosphorus TMDL Due to Low Dissolved Oxygen Impairment

Chesapeake, Virginia Beach

K41R

Phosphorus

989.96

KG/YR

4.

Northwest River Watershed

Total Maximum Daily Load Development for the Northwest River Watershed, A Total Phosphorus TMDL Due to Low Dissolved Oxygen Impairment

Chesapeake, Virginia Beach

K40R

Phosphorus

3,262.86

KG/YR

5.

Assamoosick Swamp and tributaries

E. coli Total Maximum Daily Load Development for Assamoosick Swamp & Tributaries

Sussex

K29

E. coli

6.27E+12

cfu/year

6.

Coppahaunk Swamp, UT

E. coli Total Maximum Daily Load Development for Blackwater River & Tributaries

Sussex

K32

E. coli

1.87E+09

cfu/year

7.

Otterdam Swamp

E. coli Total Maximum Daily Load Development for Blackwater River & Tributaries

Surry

K32

E. coli

1.96E+10

cfu/year

8.

Blackwater Swamp, Warwick Swamp, Second Swamp

E. coli Total Maximum Daily Load Development for Blackwater River & Tributaries

Prince George, Petersburg

K31

E. coli

1.27E+12

cfu/year

9.

Blackwater River

E. coli Total Maximum Daily Load Development for Blackwater River & Tributaries

Sussex, Prince George, Surry

K31, K32

E. coli

1.67E+13

cfu/year

10.

Milldam Creek

Development of Bacterial TMDLs for the Virginia Beach Coastal Area

Virginia Beach

K41

E. coli

0

cfu/year

11.

West Neck Creek, middle

Development of Bacterial TMDLs for the Virginia Beach Coastal Area

Virginia Beach

K41

E. coli

0

cfu/year

12.

Nawney Creek

Development of Bacterial TMDLs for the Virginia Beach Coastal Area

Virginia Beach

K42

Enterococci

0

cfu/year

13.

West Neck Creek, upper

Development of Bacterial TMDLs for the Virginia Beach Coastal Area

Virginia Beach

K41

Enterococci

1.88E+13

cfu/year

14.

London Bridge Creek and Canal #2

Development of Bacterial TMDLs for the Virginia Beach Coastal Area

Virginia Beach

K41, C08

Enterococci

2.17E+13

cfu/year

15.

Beaver Pond Creek

Development of Bacterial TMDLs for the Chowan Study Area

Dinwiddie

K16

E. coli

0

cfu/year

16.

Mill Swamp

Development of Bacterial TMDLs for the Chowan Study Area

Surry

K34

E. coli

0

cfu/year

17.

Nottoway River

Development of Bacterial TMDLs for the Chowan Study Area

Lunenburg

K14

E. coli

0

cfu/year

18.

Raccoon Creek

Development of Bacterial TMDLs for the Chowan Study Area

Sussex

K25

E. coli

0

cfu/year

19.

Rattlesnake Swamp

Development of Bacterial TMDLs for the Chowan Study Area

Isle of Wight, Surry

K34

E. coli

0

cfu/year

20.

Cypress Swamp

Development of Bacterial TMDLs for the Chowan Study Area

Surry

K32

E. coli

2.26E+11

cfu/year

21.

Little Nottoway River

Development of Bacterial TMDLs for the Chowan Study Area

Nottoway

K15

E. coli

6.54E+11

cfu/year

22.

Big Hounds Creek

Development of Bacterial TMDLs for the Chowan Study Area

Lunenburg

K14

E. coli

6.96E+11

cfu/year

23.

Broad Branch

Bacteria TMDL for the Flat Rock Creek Watershed and Broad Branch

Lunenburg

K03

E. coli

5.14E+08

cfu/day

24.

Flat Rock Creek

Bacteria TMDL for the Flat Rock Creek Watershed and Broad Branch

Lunenburg

K03

E. coli

2.64E+09

cfu/day

25.

Flat Rock Creek, upper

Bacteria TMDL for the Flat Rock Creek Watershed and Broad Branch

Lunenburg

K03

E. coli

1.32E+10

cfu/day

26.

Fontaine Creek

E. coli Total Maximum Daily Load Development for Fontaine Creek

Brunswick, Greensville

K10, K11, K12

E. coli

3.77E+12

cfu/year

27.

Unnamed tributary to Nebletts Mill Run

E. coli Total Maximum Daily Load Development for Unnamed Tributary to Nebletts Mill Run and Hatcher Run

Sussex

K23

E. coli

1.22E+10

cfu/year

28.

Hatcher Run

E. coli Total Maximum Daily Load Development for Unnamed Tributary to Nebletts Mill Run and Hatcher Run

Dinwiddie

K23

E. coli

1.31E+11

cfu/year

29.

North Meherrin River

Fecal Bacteria Total Maximum Daily Load Development for Meherrin River and Tributaries

Lunenburg

K02

E. coli

3.25E+12

cfu/year

30.

Meherrin River including Briery Branch, Genito Creek, and Great Creek

Fecal Bacteria Total Maximum Daily Load Development for Meherrin River and Tributaries

Mecklenburg, Brunswick, Lunenburg

K01, K02, K03, K04, K05, K06, K07, K08

E. coli

9.90E+12

cfu/year

31.

Roses Creek

Bacteria TMDL for Roses Creek Watershed

Brunswick

K07

E. coli

4.35E+12

cfu/year

32.

Flat Swamp

Bacteria Total Maximum Daily Load Development for Three Creek, Flat Swamp, Tarrara Creek, Mill Swamp, and Darden Mill Run

Southampton

K13

E. coli

0

cfu/year

33.

Tarrara Creek

Bacteria Total Maximum Daily Load Development for Three Creek, Flat Swamp, Tarrara Creek, Mill Swamp, and Darden Mill Run

Southampton

K13

E. coli

0

cfu/year

34.

Three Creek (K26R-03)

Bacteria Total Maximum Daily Load Development for Three Creek, Flat Swamp, Tarrara Creek, Mill Swamp, and Darden Mill Run

Greensville

K26

E. coli

5.00E+09

cfu/year

35.

Mill Swamp

Bacteria Total Maximum Daily Load Development for Three Creek, Flat Swamp, Tarrara Creek, Mill Swamp, and Darden Mill Run

Southampton

K28

E. coli

1.93E+11

cfu/year

36.

Darden Mill Swamp

Bacteria Total Maximum Daily Load Development for Three Creek, Flat Swamp, Tarrara Creek, Mill Swamp, and Darden Mill Run

Southampton

K30

E. coli

4.10E+11

cfu/year

37.

Three Creek (K26R-02)

Bacteria Total Maximum Daily Load Development for Three Creek, Flat Swamp, Tarrara Creek, Mill Swamp, and Darden Mill Run

Greensville

K26

E. coli

9.53E+12

cfu/year

38.

Three Creek (K27R-02)

Bacteria Total Maximum Daily Load Development for Three Creek, Flat Swamp, Tarrara Creek, Mill Swamp, and Darden Mill Run

Sussex, Southampton, Greensville

K26, K27

E. coli

1.43E+13

cfu/year

Notes:
1The total WLA can be increased prior to modification provided that DEQ tracks these changes for bacteria TMDLs where the permit is consistent with water quality standards for bacteria.

9VAC25-720-110. Chesapeake Bay -- Small Coastal -- Eastern Shore River Basin.

A. Total Maximum Daily Load maximum daily loads (TMDLs).

TMDL #

Stream Name

TMDL Title

City/County

WBID

Pollutant

WLA1

Units

1.

Parker Creek

Benthic Total Maximum Daily Load (TMDL) Development for Parker Creek, Virginia

Accomack

D03E

Total Phosphorus phosphorus

664.2

LB/YR

2.

Pettit Branch

Benthic Total Maximum Daily Load (TMDL) Development for the Pettit Branch Watershed

Accomack

D02R

Total Phosphorus phosphorus

0.01

LB/D

3.

Mill Creek

Total Maximum Daily Load for Dissolved Oxygen in Mill Creek, Northampton County, Virginia

Northampton

D06R

Organic Carbon carbon as TC

30.53

LB/D

4.

Mill Creek

Total Maximum Daily Load for Dissolved Oxygen in Mill Creek, Northampton County, Virginia

Northampton

D06R

Nutrients as TN

10.07

LB/D

5.

Folly Creek

Total Maximum Daily Loads of Pathogens for Folly Creek in Accomack County, Virginia

Accomack

D03E

Total Nitrogen nitrogen

2.6

LBS/D

6.

Gargathy Creek

Total Maximum Daily Loads of Dissolved Oxygen and Pathogens for Gargathy Creek (Upper, Lower, and Riverine Portions) in Accomack County, Virginia

Accomack

D03E

Total Nitrogen nitrogen

1.9

LBS/D

7.

Assawoman Creek

Bacteria Total Maximum Daily Load (TMDL) Development for the Assawoman Creek Watershed

Accomack

D02

Fecal coliform

1.12E+09

MPN/day

8.

Back River

Total Maximum Daily Loads of Bacteria for Back River

Hampton, Poquoson, York

C07

Fecal coliform

3.87E+14

counts/
year

9.

Barlow Creek (#191)

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Barlow and Jacobus Creeks

Northampton

C14

Fecal coliform

N/A2

MPN/day

10.

Jacobus Creek (#9D)

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Barlow and Jacobus Creeks

Northampton

C14

Fecal coliform

N/A2

MPN/day

11.

Jackson Creek (84A)

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Broad and Jackson Creeks

Middlesex

C03

Fecal coliform

N/A2

MPN/day

12.

Jackson Creek (84B)

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Broad and Jackson Creeks

Middlesex

C03

Fecal coliform

N/A2

MPN/day

13.

Browns Bay

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Browns Bay and Monday Creek

Gloucester

C06

Fecal coliform

N/A2

MPN/day

14.

Monday Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Browns Bay and Monday Creek

Gloucester

C06

Fecal coliform

N/A2

MPN/day

15.

Cherrystone Inlet, Kings Creek

Total Maximium Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Cherrystone Inlet

Northampton

C15, C16

Fecal coliform

N/A2

MPN/day

16.

Chesconessex Creek

Total Maximium Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Chesconessex Creek

Accomack

C11

Fecal coliform

N/A2

MPN/day

17.

Cockrell Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Cockrell Creek

Northumberland

C01

Fecal coliform

5.98E+10

MPN/day

18.

Craddock Creek (A)

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination

Accomack

C13

Fecal coliform

N/A2

MPN/day

19.

Bagwell Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Deep, Hunting and Bagwell Creeks

Accomack

C10

Fecal coliform

N/A2

MPN/day

20.

Deep Creek (#138A)

Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Deep, Hunting and Bagwell Creeks

Accomack

C10

Fecal coliform

N/A2

MPN/day

21.

Hunting Creek (#138C)

Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Deep, Hunting and Bagwell Creeks

Accomack

C10

Fecal coliform

N/A2

MPN/day

22.

Dividing Creek (22A)

Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Dividing Creek

Northumberland

C01

Fecal coliform

N/A2

MPN/day

23.

Prentice Creek (22C)

Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Dividing Creek

Northumberland

C01

Fecal coliform

N/A2

MPN/day

24.

Prentice Creek (22D)

Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Dividing Creek

Northumberland

C01

Fecal coliform

N/A2

MPN/day

25.

Unnamed cove of Dividing Creek (22B)

Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Dividing Creek

Northumberland

C01

Fecal coliform

N/A2

MPN/day

26.

East River

Total Maximum Daily Load (TMDL) Report For Shellfish Waters Impaired by Bacteria - East River and Put in Creek

Mathews

C04

Fecal coliform

N/A2

MPN/day

27.

Put In Creek

Total Maximum Daily Load (TMDL) Report For Shellfish Waters Impaired by Bacteria - East River and Put in Creek

Mathews

C04

Fecal coliform

N/A2

MPN/day

28.

Finney Creek, upper

Total Maximum Daily Loads of Pathogens for Finney Creek

Accomack

D03

Enterococci

7.97E+07

cfu/day

29.

Rattrap Creek

Total Maximum Daily Loads of Pathogens for Finney Creek

Accomack

D03

Enterococci

2.08E+08

cfu/day

30.

Folly Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Folly Creek

Accomack

D03

Fecal coliform

N/A2

MPN/day

31.

Gargathy Creek, riverine

Total Maximum Daily Loads of DO and Pathogens for Gargathy Creek
(-Upper, -Lower, and Riverine Portions)

Accomack

D03

E. coli

1.80E+08

cfu/day

32.

Balls Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Great Wicomico River

Northumberland

C01

Fecal coliform

N/A2

MPN/day

33.

Great Wicomico River

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Great Wicomico River

Northumberland

C01

Fecal coliform

N/A2

MPN/day

34.

Tipers Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Great Wicomico River

Northumberland

C01

Fecal coliform

N/A2

MPN/day

35.

Warehouse Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Great Wicomico River

Northumberland

C01, A34

Fecal coliform

N/A2

MPN/day

36.

Whays Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Great Wicomico River

Northumberland

C01

Fecal coliform

N/A2

MPN/day

37.

Guilford Creek (#176B)

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Messongo and Guilford Creeks

Accomack

C10

Fecal coliform

None2

MPN/day

38.

Young Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Messongo and Guilford Creeks

Accomack

C10

Fecal coliform

None2

MPN/day

39.

Holdens Creek, upper and lower

Fecal Coliform Total Maximum Daily Load Development for Holdens Creek, Sandy Bottom Branch, and Unnamed Tributary to Sandy Bottom Branch

Accomack

C10

Fecal coliform

N/A2

counts/day

40.

Sandy Bottom Branch and UT to Sandy Bottom Branch

Fecal Coliform Total Maximum Daily Load Development for Holdens Creek, Sandy Bottom Branch, and Unnamed Tributary to Sandy Bottom Branch

Accomack

C10

E. coli

4.80E+09

cfu/day

41.

Davis Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Chesapeake Bay: Horn Harbor, Doctors and Davis Creek Watersheds

Mathews

C04

Fecal coliform

N/A2

MPN/day

42.

Doctors Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Chesapeake Bay: Horn Harbor, Doctors and Davis Creek Watersheds

Mathews

C04

Fecal coliform

N/A2

MPN/day

43.

Horn Harbor

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Chesapeake Bay: Horn Harbor, Doctors and Davis Creek Watersheds

Mathews

C04

Fecal coliform

N/A2

MPN/day

44.

Hungars Creek

Bacteria Total Maximum Daily Load (TMDL) Development for the Hungars Creek Watershed

Northampton

C14

Fecal coliform

5.44E+08

MPN/day

45.

Indian Creek

Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condmenation Areas Listed Due to Bacteria Pollution

Northumberland

C01

Enterococci

6.76E+08

cfu/day

46.

Davenport Creek

Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condmenation Areas Listed Due to Bacteria Pollution

Lancaster

C01

Fecal coliform

1.38E+08

MPN/day

47.

Long Creek

Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condmenation Areas Listed Due to Bacteria Pollution

Lancaster

C01

Fecal coliform

3.17E+08

MPN/day

48.

Lees Cove

Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condmenation Areas Listed Due to Bacteria Pollution

Lancaster

C01

Fecal coliform

2.51E+08

MPN/day

49.

Georges Cove

Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condmenation Areas Listed Due to Bacteria Pollution

Lancaster

C01

Fecal coliform

7.01E+08

MPN/day

50.

Hunts Cove

Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condmenation Areas Listed Due to Bacteria Pollution

Lancaster

C01

Fecal coliform

1.05E+09

MPN/day

51.

Ashley Cove

Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condmenation Areas Listed Due to Bacteria Pollution

Lancaster

C01

Fecal coliform

1.17E+09

MPN/day

52.

Bells Creek

Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condmenation Areas Listed Due to Bacteria Pollution

Northumberland

C01

Fecal coliform

1.25E+09

MPN/day

53.

Henrys Creek

Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condmenation Areas Listed Due to Bacteria Pollution

Northumberland

C01

Fecal coliform

2.13E+09

MPN/day

54.

Barnes Creek

Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condmenation Areas Listed Due to Bacteria Pollution

Northumberland

C01

Fecal coliform

3.65E+09

MPN/day

55.

Tabbs Creek

Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condmenation Areas Listed Due to Bacteria Pollution

Lancaster

C01

Fecal coliform

5.36E+09

MPN/day

56.

Dymer Creek

Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condmenation Areas Listed Due to Bacteria Pollution

Lancaster

C01

Fecal coliform

8.25E+09

MPN/day

57.

Antipoison Creek

Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condmenation Areas Listed Due to Bacteria Pollution

Lancaster

C01

Fecal coliform

8.60E+09

MPN/day

58.

Indian Creek (including Arthur and Pitmans Creeks)

Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condmenation Areas Listed Due to Bacteria Pollution

Northumberland

C01

Fecal coliform

3.82E+09

MPN/day

59.

Little Mosquito Creek

Bacteria TMDL Development for the Little Mosquito Creek Watershed

Accomack

D01

Fecal coliform

5.15E+08

MPN/day

60.

Broad Bay, Long Creek, and Linkhorn Bay

Lynnhaven Bay, Broad Bay and Linkhorn Bay Watersheds Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacteria Contamination

Virginia Beach

C08

Fecal coliform

9.35E+10

cfu/year

61

Lynnhaven River

Lynnhaven Bay, Broad Bay and Linkhorn Bay Watersheds Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacteria Contamination

Virginia Beach

C08

Fecal coliform

9.01E+11

cfu/year

62.

Mattawoman Creek

TMDL Report for Chesapeake Bay Shellfish Waters: Mattawoman Creek Bacterial Impairment

Northampton

C14

Fecal coliform

1.15E+09

MPN/day

63.

Messongo Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Messongo and Guilford Creeks

Accomack

C10

Fecal coliform

None2

MPN/day

64.

Messongo Creek

Bacteria Total Maximum Daily Load (TMDL) Development for the Messongo Creek Watershed

Accomack

C10

Fecal coliform

1.00E+08

MPN/day

65.

Billups Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Gwynn's Island and Milford Haven Watersheds

Mathews

C04

Fecal coliform

N/A2

MPN/day

66.

Edwards Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Gwynn's Island and Milford Haven Watersheds

Mathews

C04

Fecal coliform

N/A2

MPN/day

67.

Morris Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Gwynn's Island and Milford Haven Watersheds

Mathews

C04

Fecal coliform

N/A2

MPN/day

68.

Queens Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Gwynn's Island and Milford Haven Watersheds

Mathews

C04

Fecal coliform

N/A2

MPN/day

69.

Stutts Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Gwynn's Island and Milford Haven Watersheds

Mathews

C04

Fecal coliform

N/A2

MPN/day

70.

Ball Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Chesapeake Bay: Mill Creek to Dividing Creek

Northumberland

C01

Fecal coliform

N/A2

MPN/day

71.

Cloverdale Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Chesapeake Bay: Mill Creek to Dividing Creek

Northumberland

C01

Fecal coliform

N/A2

MPN/day

72.

Mill Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Chesapeake Bay: Mill Creek to Dividing Creek

Northumberland

C01

Fecal coliform

N/A2

MPN/day

73.

McLean Gut

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Nandua and Curratuck Creeks

Accomack

C13

Fecal coliform

N/A2

MPN/day

74.

Nandua Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Nandua and Curratuck Creeks

Accomack

C13

Fecal coliform

N/A2

MPN/day

75.

Church Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Nassawadox Creek Watershed

Northampton

C13

Fecal coliform

N/A2

MPN/day

76.

Holly Grove Cove

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Nassawadox Creek Watershed

Northampton

C13

Fecal coliform

N/A2

MPN/day

77.

Nassawadox Creek, upper

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Nassawadox Creek Watershed

Northampton

C13

Fecal coliform

N/A2

MPN/day

78.

Warehouse Creek, upper

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Nassawadox Creek Watershed

Northampton

C13

Fecal coliform

N/A2

MPN/day

79.

Westerhouse Creek - Part A

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Nassawadox Creek Watershed

Northampton

C13, C14

Fecal coliform

N/A2

MPN/day

80.

Westerhouse Creek - Part B

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Nassawaddox Creek Watershed

Northampton

C13, C14

Fecal coliform

N/A2

MPN/day

81.

Back Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - North River

Gloucester

C04

Fecal coliform

N/A2

MPN/day

82.

Blackwater Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - North River

Mathews

C04

Fecal coliform

N/A2

MPN/day

83.

Elmington Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - North River

Gloucester

C04

Fecal coliform

N/A2

MPN/day

84.

Greenmansion Cove

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - North River

Mathews

C04

Fecal coliform

N/A2

MPN/day

85.

North River

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - North River

Mathews

C04

Fecal coliform

N/A2

MPN/day

86.

Occohannock Creek, upper

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Occohannock Creek

Accomack

C13

Fecal coliform

N/A2

MPN/day

87.

Old Plantation Creek, upper VDH-DSS condemnation

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Old Plantation and Elliots Creeks

Northampton

C16

Fecal coliform

N/A2

MPN/day

88.

Onancock Creek, south branch

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Onancock Creek

Accomack

C11

Enterococci

N/A2

cfu/day

89.

Onancock Creek, upper

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Onancock Creek

Accomack

C11

Enterococci

N/A2

cfu/day

90.

Onancock Creek, north branch

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Onancock Creek

Accomack

C11

Enterococci

9.94E+08

cfu/day

91.

Cedar Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Onancock Creek

Accomack

C11

Fecal coliform

N/A2

MPN/day

92.

Finneys Creek, upper

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Onancock Creek

Accomack

C11

Enterococci

N/A2

cfu/day

93.

Onancock Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Onancock Creek

Accomack

C11

Fecal coliform

N/A2

MPN/day

94.

Onancock Creek, central branch

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Onancock Creek

Accomack

C11

Enterococci

N/A2

cfu/day

95.

Chesapeake Bay, unnamed tributary (Big Fleets Pond)

Owens Pond, Little Taskmakers Creek, and Un-named Tributary to Chesapeake Bay (Big Fleets Pond) Total Maximum Daily Load Report for Shellfish Condemnation Impaired Due to Bacteria Contamination

Northumberland

C01

Fecal coliform

1.37E+08

MPN/day

96.

Little Taskmakers Creeks

Owens Pond, Little Taskmakers Creek, and Un-named Tributary to Chesapeake Bay (Big Fleets Pond) Total Maximum Daily Load Report for Shellfish Condemnation Impaired Due to Bacteria Contamination

Northumberland

C01

Fecal coliform

3.67E+08

MPN/day

97.

Owens Pond

Owens Pond, Little Taskmakers Creek, and Un-named Tributary to Chesapeake Bay (Big Fleets Pond) Total Maximum Daily Load Report for Shellfish Condemnation Impaired Due to Bacteria Contamination

Northumberland

C01

Fecal coliform

1.56E+09

MPN/day

98.

Oyster Harbor

TMDL Report for Chesapeake Bay Shellfish Waters: Oyster Harbor Bacterial Impairment

Northampton

D05, D06

Fecal coliform

4.28E+08

MPN/day

99.

Parker Creek

Bacteria Total Maximum Daily Load Development for the Parker Creek Watershed

Accomack

D03

Fecal coliform

1.59E+10

MPN/day

100.

Pettit Branch

Total Maximum Daily Load of Bacteria for Pettit Branch

Accomack

D02

E. coli

0

cfu/day

101.

Piankatank River, Cobbs Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Piankatank River, Lower

Mathews

C03, C04

Fecal coliform

N/A2

MPN/day

102.

Piankatank River, Healy Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Piankatank River, Lower

Middlesex

C03

Fecal coliform

N/A2

MPN/day

103.

Piankatank River, Wilton Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Piankatank River, Lower

Middlesex

C03

Fecal coliform

N/A2

MPN/day

104.

Harper Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Piankatank River, Upper

Gloucester

C03

Fecal coliform

N/A2

MPN/day

105.

Piankatank River

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Piankatank River, Upper

King and Queen, Gloucester, Middlesex, Essex

C02, C03

Fecal coliform

N/A2

MPN/day

106.

Pitts Creek, unnamed tributary

Total Maximum Daily Load of Pathogens for the Unnamed Tributary to Pitts Creek

Accomack

C09

E. coli

6.40E+07

cfu/day

107.

Pitts Creek, unnamed tributary

Total Maximum Daily Load on Dissolved Oxygen In Unnamed Tributary to Pitts Creek

Accomack

C09

Total nitrogen

0

lbs/day

108.

Pitts Creek, unnamed tributary

Total Maximum Daily Load on Dissolved Oxygen In Unnamed Tributary to Pitts Creek

Accomack

C09

Total phosphorus

0

lbs/day

109.

Pocomoke Sound and Pocomoke River including Holden Creek, Bulbeggar Creek, and Pitts Creek3

Total Maximum Daily Loads of Fecal Coliform for the Restricted Shellfish Harvesting/Growing Areas of the Pocomoke River in the Lower Pocomoke River Basin and Pocomoke Sound Basin

Accomack

C09, C10

Fecal coliform

1.37E+09

MPN/day

110.

Back Creek

Total Maximum Daily Loads of Bacteria for Poquoson River and Back Creek

York

C07

Fecal coliform

1.41E+13

counts/
year

111.

Poquoson River

Total Maximum Daily Loads of Bacteria for Poquoson River and Back Creek

Poquoson, York

C07

Fecal coliform

1.12E+14

counts/
year

112.

Free School Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Severn River

Gloucester

C06

Fecal coliform

N/A2

MPN/day

113.

Heywood Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Severn River

Gloucester

C06

Fecal coliform

N/A2

MPN/day

114.

Northwest Branch Severn River

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Severn River

Gloucester

C06

Fecal coliform

N/A2

MPN/day

115.

Thorntons Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Severn River

Gloucester

C06

Fecal coliform

N/A2

MPN/day

116.

Vaughans Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Severn River

Gloucester

C06

Fecal coliform

N/A2

MPN/day

117.

Greenbackville Harbor

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Chincoteague Bay

Accomack

D01

Fecal coliform

N/A2

MPN/day

118.

Swan Gut Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Chincoteague Bay

Accomack

D01

Fecal coliform

N/A2

MPN/day

119.

The Gulf, upper

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - The Gulf

Northampton

C14

Fecal coliform

N/A2

MPN/day

120.

Pungoteague Creek (Warehouse Prong and Bull Run Creek)

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Pungoteague Creek

Accomack

C12

Fecal coliform

N/A2

MPN/day

121.

Taylor Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Pungoteague Creek

Accomack

C12, C13

Fecal coliform

N/A2

MPN/day

122.

Fox Mill Run

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Ware River

Gloucester

C05

Fecal coliform

N/A2

MPN/day

123.

Ware River

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Ware River

Gloucester

C05

Fecal coliform

N/A2

MPN/day

124.

Wilson Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Ware River

Gloucester

C05, C06

Fecal coliform

N/A2

MPN/day

125.

Cockrell Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Cockrell Creek

Northumberland

C01

Fecal coliform

1.49E+11

cfu/day

Notes:
1The total WLA can be increased prior to modification provided that DEQ tracks these changes for bacteria TMDLs where the permit is consistent with water quality standards for bacteria.

2There were no point source dischargers in the modeled TMDL area.

3This WLA represents only the Virginia portion of the watershed.

B. Stream segment classifications, effluent limitations including water quality based effluent limitations, and waste load allocations.

Small Coastal and Chesapeake Bay
TABLE B1 - CURRENT STREAM SEGMENT CLASSIFICATION

Segment No.

Name

Current State Class

7-12A

Pocomoke Sound

E.L.

7-12B

Messongo Creek

E.L.

7-12C

Beasley Bay

E.L.

7-12D

Chesconessex Creek

E.L.

7-13

Onancock Creek

W.Q.

7-14

Pungoteague

W.Q.

7-12E

Nandua Creek

E.L.

7-15

Occohannock Creek

W.Q.

7-12F

Nassawadox Creek

E.L.

7-12G

Hungars Creek

E.L.

7-12H

Cherrystone Inlet

E.L.

7-12I

South Bay

E.L.

7-12J

Tangier Island

_____

7-11A

Chincoteague

E.L.

7-11B

Hog Bogue

E.L.

7-11C

Metomkim Bay

E.L.

7-11D

Machipongo River

E.L.

7-11E

South Ocean

E.L.

Small Coastal and Chesapeake Bay
TABLE B2 - EASTERN SHORE WASTELOAD ALLOCATIONS

INTERIM WASTELOAD ALLOCATIONS(1)1

FINAL WASTELOAD ALLOCATIONS

(Current Permit Limits)

NAME

RECEIVING STREAM OR ESTUARY

BOD5 (lb/d)

SUSPENDED SOLIDS (lb/d)

OIL & GREASE (lb/d)

BOD5 (lb/d)

SUSPENDED SOLIDS (lb/d)

OIL & GREASE (lb/d)

Commonwealth of Va. Rest Area

Pitts Cr.

4.3

4.3

--

4.3

4.3

--

Edgewood Park

Bullbegger Cr.

0.80

0.80

--

0.80

0.80

--

Holly Farms

Sandy Bottom Cr.

167(3)3

167(3)3

10 mg/l

Stream survey/model and determination of final wasteload allocations planned for the summer of 1980.

Taylor Packing Company

Messongo Cr.

7006(3)3

13010(3)3

--

Stream survey/model was run previously. No change in permit anticipated.

No. Accomack E.S.

Messongo Cr.

1.8

1.4

--

1.8

1.4

--

Messick & Wessels Nelsonia

Muddy Cr.

30mg/l(4)4

30mg/l(4)4

--

Interim wasteload allocations may be changed based on BAT guidance.

Whispering Pines Motel

Deep Cr.

4.8

4.8

--

4.8

4.8

--

Town of Onancock

Onancock Cr.

21

21

--

21

21

--

Messick & Wessels

Onancock Cr.

30mg/l(4)4

30mg/l(4)4

--

Interim wasteload allocations may be changed based on guidance.

So. Accomack E.S.

Pungoteague Cr.

1.8

1.4

--

1.8

1.4

--

A & P Exmore

Nassawadox Cr.

0.38

0.38

--

0.38

0.38

--

Norstrom Coin Laundry

Nassawadox Cr.

60mg/l(4)4 max.

60mg/l(4)4 max.

--

Interim wasteload allocation may be changed based on BAT guidance.

NH-Acc. Memorial Hospital

Warehouse Cr.

12.5

12.5

--

21.5

12.5

--

Machipongo E.S. & H.H. Jr. High

Trib. To Oresbus Cr.

5.2

5.2

--

5.2

5.2

--

Town of Cape Charles

Cape Charles Harbor

62.6

62.6

--

62.6

62.6

--

America House

Chesapeake Bay

5

5

--

5

5

--

U.S. Coast Guard Chesapeake Bay

Chesapeake Bay

--

--

10/mgl(5)5

--

--

10/mgl(5)5

U.S. Government Cape Charles AFB

Magothy Bay

Currently No Discharge

Exmore Foods (Process Water)

Trib. To Parting Cr.

200

100

--

Stream survey/model and determination of final wasteload allocations planned for the summer of 1980.

Exmore Foods (Sanitary)

Trib. To Parting Cr.

30mg/l(5)5

30mg/l(5)5

--

30mg/l(5)5

30mg/l(5)5

--

Perdue Foods (process water)

Parker Cr.

May-Oct
275 367
Nov-Apr.
612 797

--

--

Interim Permit in process. Stream survey/models were run. No substantial change in permit anticipated.

Perdue Foods (parking lot)

Parker Cr.

30mg/l(5)5

30mg/l(5)5

--

30mg/l(5)5

30mg/l(5)5

--

Accomack Nursing Home

Parker Cr.

2.7

2.6

--

2.7

2.6

--

U.S. Gov't NASA Wallops Island

Mosquito Cr.

75

75

--

75

75

--

U.S. Gov't NASA Wallops Island

Cat Cr.

1.25

1.25

--

1.25

1.25

--

F & G Laundromat

Chincoteague Channel

10

4.8

--

Interim wasteload allocations may be changed based on BAT guidance.

U.S. Coast Guard

Chincoteague Channel

--

--

15mg/l (max.)

--

--

15mg/l (max.)

Virginia-Carolina Seafood

Chincoteague Bay

342

264

5.5

342

264

5.5

Reginald Stubbs Seafood Co. (VA0005813)

Assateague Channel

--

20

95

--

20

95

Reginald Stubbs Seafood Co. (VA00056421)

Assateague Channel

--

20

98

--

20.4(2)2

98

Shreaves

Chincoteague Bay

--

16(2)2

1.4(2)2

--

16(2)2

1.4(2)2

Chincoteague Seafood

Chincoteague Bay

342

264

5.5

342

264

5.5

Notes:
1Water quality data taken from discharge monitoring reports or special studies unless indicated.

2NPDES Permit limits given since the permit is new and discharge monitoring reports not yet available.

3Data from Accomack-Northampton Co. Water Quality Management Plan.

4Estimated.

5May need a permit -- either company has not responded to SWCB letter or operation has just started up.

6No limits -- has an NPDES permit, but is not required to monitor.

TABLE B3 - EXISTING OR POTENTIAL SOURCES OF WATER POLLUTION

Location No.

Name

Receiving Estuary

Stream

Flow (MGD)

CBOD (mgl/#D)

NBOD (mgl/#D)

Total Suspended Solids (mgl/#D)

D.O. (mgl)

FC (MPN/ 100ml)

Treatment/ Operation

1

Comm. Va. Rest Area

Pocomoke Sound

Pitts Cr.

.003

7/0.18

10/0.3

7.5

1

Extended aeration. Sec. Holding pond, CL2

2

H.E. Kelley

Pocomoke Sound

Pitts Cr.

Currently no discharges. Out of business

3

Edgewood Park

Pocomoke Sound

Bullbegger Creek

.006(3)3

16/0.8(2)2

16/0.8(2)2

PRI, CL2. Holding Pond

4

Holly Farms

Pocomoke Sound

Sand Bottom Creek

0.18

6/40

15/100

8.0

100

Aerated Lagoons, CL2

5

J.W. Taylor

Messongo Creek

Trib. To Messongo

.001

60/50

150/125

8.0

Aerated Lagoons

6

No. Accomack E.S.

Messongo Creek

Trib. To Messongo

.005

22/0.9

30/1.3

9.0

Sec., Septic Tank, Sand Filter Holding Pond

7

Messick & Wessells-Nelsonia

Beasly Bay

Muddy Creek

.005

125/5.2

100/4.2

Sec., Extended Aeration

8

Willets Laundromat

Beasly Bay

Hunting Creek

Prl., Septic Tank

9

Byrd Food

Beasly Bay

No discharge industry

10

Whispering Pines Motel

Beasly Bay

Deep Creek

.009

25/1.9

30/2.3

6.0

Sec., Extended Aeration Holding Pond, CL2

11

Town of Onancock

Onancock Creek

North Fork

.19

2/3.2

3/4.8

7.5

3

Primary, Primary Settling Sludge Digestion, CL2

12

Messick & Wessels-Onley

Onancock Creek

Joynes Branch

.005

100/4.2

150/6.3

Sec., Extended Aeration

13

So. Accomack E.S.

Pungoteague

Trib. To Pungoteague

24/1.8(2)2

19/1.4(2)2

Sec., Septic Tank, Grease Trap, Sand Filter, Holding Pond. No discharge in 4 yrs.

14

Great Atlantic & Pacific Tea Company

Nassawadox

Nassawadox

.001

140/1.2

150/1.3

6.5

Sec., Extended Aeration CL2

15

Norstrom Coin Laundry

Nassawadox

Trib. To Nassawadox

.008

Sec., Extended Aeration, permit in process

17

N.H.-Acc. Memorial Hospital

Nassawadox

Warehouse Creek

.03

25/1.6

35/2.2

6.5

750

Secondary Aerated Lagoon, CL2 Holding pond Stab-Lagoon

18

Machipongo E.S. & N.H. Jr. High School

Hungars Creek

Trib. To Oresbus

0.3(1)1

30/5.2(2)2

30/5.2(2)2

Sec., Stab-Lagoon, Holding Pond no discharge in 4 yrs.

19

B & B Laundromat

Cherry Stone Cherrystone Inlet

Old Castle Creek

Prl. Septic Tank w/discharger

20

KMC Foods, Inc.

Cherry Stone Cherrystone Inlet

No Discharge industry

21

Herbert West Laundromat

Cherry Stone Cherrystone Inlet

Kings Creek

Prl. Septic Tank w/Discharger

22

Town of Cape Charles

Cape Charles Harbor

Cape Charles Harbor

.165(2)2

290/400(3)3

139/192(3)3

Raw Sewage, Sewage Treatment to be completed by 1982

23

American House Inn

Chesapeake Bay

Chesapeake Bay

30/5(2)2

30/5(2)2

24

U.S. Coast Guard

Chesapeake Bay

Chesapeake Bay

.001(2)2

30/

5.0(2)2

200(2)2

Bilgewater

25

U.S. Gov't Cape Charles AFS

Magothy

Magothy

.001(2)2

5.0(3)3

Sec., CL2, Aerated Lagoon, currently no discharge

27

Exmore Frozen Foods

Machipongo

Trib. To Parting Cr.

.56

29/135

18/84

6.5

Grass Bays, Screening

28

Exmore Foods (Domestic)

Machipongo

Trib. To Parting Cr.

.02

5/0.8

9/1.5

Septic Tank, Sand Filter

30

Perdue Foods

Metomkin Bay

Parker Creek

1.7

11/156

15/213

6.5

150

Sec., Aerated Lagoon, Holding Pond, CL2

31

Perdue Foods

Metomkin Bay

Parker Cr.

.01(4)4

15/1.3

32

Accomack Co. Nursing Home

Metomkin Bay

Parker Cr. North Fork

.011

20/1.8

28/2.6

6.5

100

Sec., Extended Aeration, Holding Pond, CL2

33

U.S. Gov't NASA (Wallops Island)

Hog Creek

Cat Creek

.005

30/

30/

Sec., Stab., Pond, Holding Pond, CL2

34

Robo Automatic Car

Chincoteague Channel

Little Simoneaton

35

U.S. Gov't NASA

Chincoteague Channel

Mosquito Creek

.105

10.6/9.3(3)3

112/28

2.0/1.8

Sec., Trickling Filter

36

Trail's End Rec. Vehicle Dev.

Chincoteague Channel

Trib to Mosquito Cr.

Septic Tank and Drainfield

37

Coin-Op Laundromat

Chincoteague Channel

Chincoteague Channel

No discharge

38

F & G Laundromat

Chincoteague Channel

Chincoteague Channel

.005

39

U.S. Coast Guard

Chincoteague Channel

Chincoteague Channel

.001(2)2

30/0.2(2)2

200(2)2

Discharge-Bilgewater

40

Phillip Custis

Ramshorn Bay

Spray Irrigation, no Discharge

43

Boggs (Melfa)

Nickowampus Creek

Septic tank waste lagoons, no discharge

44

Blake (Greenbush)

Deep Creek

Septic tank waste lagoon, no discharge

45

Cherrystone Campground

Kings Creek or Cherrystone Inlet

Stab-Lagoon, Holding pond, no discharge

46

Wallops Sanitary Landfill

Solid waste disposal site, no discharge

47

Chincoteague Dumpsite

Solid waste disposal site, no discharge

48

Bob Town Sanitary Landfill

Solid waste disposal site, no discharge

49

Northampton Sanitary Landfill

Solid waste site, no discharge

52

Dorsey's Seafood Market

Chincoteague

Oysters(5)5

54

Va-Carolina Seafood Company, Inc.

Hog-Bogue

1152(2)2 Clams

Surf Clams, Oysters, Scallops

68(2)2 Oysters

7.02)2 Scallops

55

Chincoteague Island Oyster Farm

Chincoteague

(Oyster-Boat Operation (grows oysters & clams from larvae) (5)5

Reginald Stubbs Seafood Company

Assateague Channel

.002(4)4

4.2

2.8

Oyster

58

Shreaves Bros.

Chincoteague

.002(4)4

2.07

8.0

Oyster

60

Chincoteague Seafood Co.

Chincoteague

.063(4)4

972

79.9

Surf-Clam

61

Ralph E. Watson Oyster Co.

Chincoteague

.003(4)4

57

53

Oyster

62

McCready Bros. Inc.

Chincoteague

Oyster, no discharge

63

Wm. C. Bunting

Chincoteague

.001(4)4

12

4.8

Oyster

64

Carpenters Seafood

Chincoteague

.001(4)4

4.1

2.1

Oyster

64a

Burtons Seafood, Inc.

Chincoteague

.006(4)4

10.3

.35

Oyster shell stock deal no discharge

69

Jones Bros. Seafood

Chincoteague

Sheepshead Cr.

Oyster & Clams

70

W.E. Jones Seafood

Chincoteague

Sheepshead Creek

46.4(2)2

Oyster & Clams

71

Conner & McGee Seafood

Chincoteague

Sheepshead Creek

Oyster & Clams(5)5

72

Hills Oyster Farm

Chincoteague

Oyster & Clams(5)5

73

Thomas E. Reed Seafood

Chincoteague

Deep Hole Creek

Oyster & Clams(5)5

74

Mears & Powell

Metomkin

Oyster-Building, also used to clean fish(5)5

75

Wachapreague Seafood Company

Metomkin

Finney Creek

.036(4)4

144

Sea Clam

76

George D. Spence and Son

Machipongo

Crab Shedding(5)5

77

George D. Spence and Son

Machipongo

Crab Picking, no discharge

78

George T. Bell

Machipongo

No Discharge, Oyster

79

George D. Spence and Son

Machipongo

Upshur Bay

Oyster(5)5

80

Peters Seafood

Machipongo

Oyster(6)6

81

J.E. Hamblin

Machipongo

Oyster, No discharge

83

Nathan Bell Seafood

Machipongo

Clams, Hard(5)5

84

John L. Marshall Seafood

Machipongo

Clams(5)5

85

American Original Foods, Inc.

Machipongo

Parting Creek

.151(4)4

2632

1337

86

Harvey & Robert Bowen

Machipongo

Parting Creek

.0006(4)4

6.2

1.7

Oyster

87

H.M. Terry

Machipongo

Parting Creek

.0004(4)4

3.3

.62

Oyster

89

Webb's Island Seafood

South Ocean Area

Clams(5)5

90

Cliff's Seafood

South Ocean Area

Mockhorn Bay

Oyster & Clam(5)5

92

H. Allen Smith

South Ocean Area

.037(4)4

213

522

Sea Clam

94

C & D Seafood, Inc.

South Ocean Area

Oyster Harbor

.04(4)4

427

204 sea clam

Sea Clam, Oyster

34(2)2 oyster

95

B.L. Bell & Sons

South Ocean Area

Oyster Harbor

.001(4)4

12

.9

Oyster

98

Lance Fisher Seafood Co.

Pocomoke

.02(4)4

38

12.8

Oyster and Clam

99

Fisher & Williams/Lester Fisher

Messongo

Building used to shed soft crabs(5)5

100

Grady Rhodes Seafood

Messongo

Sold business, Building used to shed soft crabs(5)5

101

Bonowell Bros.

Messongo

Pocomoke Sound

.001(4)4

12

2.5

Oyster

102

John H. Lewis & Co.

Messongo

Starling Creek

Oyster SS only, no discharge

103

Eastern Shore Seafood

Beasly

Crab, no discharge

106

Ashton's Seafood, Inc.

Pungoteague

Shell stock dealer-no discharge

107

Nandua Seafood Co.

Nandua

.0001(4)4

.2

.9

Crab

108

A.M. Acuff

Cherrystone

Building used for storage, no discharge

110

D.L. Edgerton Co.

Cherrystone

Mud Creek

Conch. In operation. Retort drains overboard & fish wash-down(5)5

111 & 112

Tangier Island Seafood, Inc.

Tangier

Crab(5)5

113

Tangier

Chesapeake Bay

1000 KW Power Station

114

Chincoteague

Chincoteague Channel

2100 KW Power Station

115

Parksley

2400 KW Power Station

116

Tasley

1400 KW Power Station

117

Bayview

10,000 KW Power Station

118

Cape Charles

Cape Charles Harbor

1200 KW Power Station

119

Burdick Well & Pump Company

Holding Pond, no discharge

120

Marshall & Son Crab Company

Messongo Cr.

Crab Shedding(5)5

Linton & Lewis Crab Co.

Pocomoke Sound

Crab Shedding(5)5

122

D.L. Edgerton

Chincoteague

Fish Washdown(5)5

123

Evans Bros. Seafood Co.

Pocomoke Sound

Crab Shedding(5)5

124

Stanley F. Linton

Messongo

Starling Cr.

Crab Shedding(5)5

125

H.V. Drewer & Son

Messongo

Starling Cr.

.035(4)4

349

736-clam

Oyster & Clam

.018(4)4

180

198-oyster

126

Chincoteague Fish Co., Inc.

Chincoteague Channel

Fish Washdown(5)5

127

Chincoteague Crab Company

Assateague Channel

.18(2)2

.54(2)2

Crab & Crab Shedding

128

Aldon Miles & Sons

Pocomoke Sound

Crab Shedding(5)5

129

Saxis Crab Co.

Messongo

Starling Cr.

Crab Shedding(5)5

Paul Watkinson SFD

Pocomoke Sound

Crab Shedding(5)5

131

Russell Fish Co., Inc

Chincoteague Channel

Fish(5)5

132

Mason Seafood Co.

Chincoteague Channel

.002(4)4

7.7

13.7

Oysters

NOTE Notes:
(1)1Water quality data taken from Discharge Monitoring Reports or special studies unless indicated.

(2)2NPDES Permit limits given since the permit is new and discharge monitoring reports not yet available.

(3)3Data from Accomack-Northampton Co. Water Quality Management Plan.

(4)4Estimated.

(5)5May need a permit -- either company has not responded to SWCB letter or operation has just started up.

(6)6No limits -- has an NPDES permit, but is not required to monitor.

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

Virginia Waterbody ID

Discharger Name

VPDES Permit No.

Total Nitrogen (TN) Waste Load Wasteload Allocation (lbs/yr)

Total Phosphorus (TP) Waste Load Wasteload Allocation (lbs/yr)

C16E

Cape Charles Town WWTP(1)1

VA0021288

6,091

457

C11E

Onancock WWTP(2)2

VA0021253

9,137

685

C13E

Shore Memorial Hospital

VA0027537

1,218

91

C10E

Tangier WWTP

VA0067423

1,218

91

C10R

Tyson Foods – Temperanceville

VA0004049

22,842

1,142

TOTALS:

40,506

2,467

NOTE Notes:
(1)1Cape Charles STP: waste load wasteload allocations (WLAs) based on a design flow capacity of 0.5 million gallons per day (MGD). If plant is not certified to operate at 0.5 MGD design flow capacity by December 31, 2010, the WLAs will decrease to TN = 3,046 lbs/yr; TP = 228 lbs/yr, based on a design flow capacity of 0.25 MGD.

(2)2Onancock STP: waste load wasteload allocations (WLAs) based on a design flow capacity of 0.75 million gallons per day (MGD). If plant is not certified to operate at 0.75 MGD design flow capacity by December 31, 2011, the WLAs will decrease to TN = 3,046 lbs/yr; TP = 228 lbs/yr, based on a design flow capacity of 0.25 MGD.

9VAC25-720-120. York River Basin.

A. Total Maximum Daily Load maximum daily loads (TMDLs).

TMDL #

Stream Name

TMDL Title

City/County

WBID

Pollutant

WLA1

Units

1.

Matadequin Creek

Bacteria TMDL for Matadequin Creek

Hanover

F13

E. coli

0

cfu/year

2.

Monquin Creek

Bacteria Total Maximum Daily Load Development for the Pamunkey River Basin

King William

F13

E. coli

8.71E+10

cfu/year

3.

Pamunkey River

Bacteria Total Maximum Daily Load Development for the Pamunkey River Basin

King William, Hanover, Spotsylvania, Orange, Louisa

F01, F02, F03, F04, F05, F06, F07, F08, F09, F10, F11, F12, F13

E. coli

2.49E+13

cfu/year

4.

Black Creek

Bacteria Total Maximum Daily Load Development for the Pamunkey River Basin

New Kent

F13

E. coli

1.26E+10

cfu/year

5.

Mechumps Creek

Bacteria TMDL for Mechumps Creek

Hanover

F12

E. coli

1.00E+12

cfu/year

6.

Taylors Creek

Bacteria Total Maximum Daily Load Development for the Pamunkey River Basin

Hanover

F03

E. coli

1.89E+09

cfu/year

7.

Northeast Creek

Bacteria Total Maximum Daily Load Development for the Pamunkey River Basin

Spotsylvania

F09

E. coli

2.30E+10

cfu/year

8.

Totopotomoy Creek

Bacteria Total Maximum Daily Load Development for the Pamunkey River Basin

Hanover

F13

E. coli

2.62E+10

cfu/year

9.

Newfound River

Bacteria Total Maximum Daily Load Development for the Pamunkey River Basin

Hanover

F05

E. coli

2.89E+10

cfu/year

10.

South Anna River (F02R-01)

Bacteria Total Maximum Daily Load Development for the Pamunkey River Basin

Louisa

F01, F02

E. coli

1.48E+12

cfu/year

11.

South Anna River (F01R-01)

Bacteria Total Maximum Daily Load Development for the Pamunkey River Basin

Louisa

F01

E. coli

1.64E+12

cfu/year

12.

South Anna River (F04R-01)

Bacteria Total Maximum Daily Load Development for the Pamunkey River Basin

Louisa

F01, F02

E. coli

1.72E+12

cfu/year

13.

South Anna River (F04R-02)

Bacteria Total Maximum Daily Load Development for the Pamunkey River Basin

Louisa, Hanover

F01, F02, F03, F04, F05

E. coli

3.48E+12

cfu/year

14.

Adams Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Poropotank River and Adams Creek

Gloucester

F26

Fecal coliform

4.48E+08

MPN/day

15.

Poropotank River and Morris Bay

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Poropotank River and Adams Creek

Gloucester

F26

Fecal coliform

4.78E+09

MPN/day

16.

Felgates Creek

Bacteria Total Maximum Daily Load Development for the Queen Creek, King Creek, and Felgates Creek Watersheds

York

F27

Fecal coliform

3.70E+10

MPN/day

17.

King Creek

Bacteria Total Maximum Daily Load Development for the Queen Creek, King Creek, and Felgates Creek Watersheds

York

F27

Fecal coliform

4.37E+10

MPN/day

18.

Queen Creek

Bacteria Total Maximum Daily Load Development for the Queen Creek, King Creek, and Felgates Creek Watersheds

York, Williamsburg

F26

Fecal coliform

9.69E+11

MPN/day

19.

Perrin River, upper

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Sarah Creek and Perrin River

Gloucester

F27

Fecal coliform

N/A2

MPN/day

20.

Sarah Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Sarah Creek and Perrin River

Gloucester

F27

Fecal coliform

N/A2

MPN/day

21.

Plentiful Creek

Bacteria TMDLs for York River Basin

Spotsylvania

F07

E. coli

3.57E+09

cfu/year

22.

Mountain Run

Bacteria TMDLs for York River Basin

Orange

F06

E. coli

1.22E+10

cfu/year

23.

Beaver Creek

Bacteria TMDLs for York River Basin

Orange

F06

E. coli

1.25E+10

cfu/year

24.

Terrys Run

Bacteria TMDLs for York River Basin

Orange

F07

E. coli

1.86E+10

cfu/year

25.

Pamunkey Creek and Tomahawk Creek

Bacteria TMDLs for York River Basin

Orange

F07

E. coli

9.05E+10

cfu/year

26.

Goldmine Creek

Bacteria TMDLs for York River Basin

Louisa

F06

E. coli

1.09E+11

cfu/year

27.

Lower Pamunkey River

Bacteria Total Maximum Daily Load Development for the Upper York River, the Lower Pamunkey River, and the Lower Mattaponi River (Tidal) Watersheds

New Kent, King William

F14

Enterococci

1.34E+10

cfu/day

28.

Lower Mattaponi River

Bacteria Total Maximum Daily Load Development for the Upper York River, the Lower Pamunkey River, and the Lower Mattaponi River (Tidal) Watersheds

King and Queen, King William

F24, F25

Enterococci

1.42E+10

cfu/day

29.

Upper York River

Bacteria Total Maximum Daily Load Development for the Upper York River, the Lower Pamunkey River, and the Lower Mattaponi River (Tidal) Watersheds

New Kent, King William, King and Queen

F14, F24, F25, F26

Enterococci

2.76E+10

cfu/day

30.

Upper York River

Bacteria Total Maximum Daily Load Development for the Upper York River, the Lower Pamunkey River, and the Lower Mattaponi River (Tidal) Watersheds

New Kent, King William, King and Queen

F14, F24, F25, F26

Fecal coliform

1.14E+12

counts/day

31.

Taskinas Creek

TMDL Report for Chesapeake Bay Shellfish Waters: Ware Creek, Taskinas Creek, and Skimino Creek Bacterial Impairments

James City

F26

Fecal coliform

4.97E+08

MPN/day

32.

Skimino Creek

TMDL Report for Chesapeake Bay Shellfish Waters: Ware Creek, Taskinas Creek, and Skimino Creek Bacterial Impairments

James City

F26

Fecal coliform

1.34E+09

MPN/day

33.

Ware Creek

TMDL Report for Chesapeake Bay Shellfish Waters: Ware Creek, Taskinas Creek, and Skimino Creek Bacterial Impairments

James City

F26

Fecal coliform

1.36E+09

MPN/day

34.

Aberdeen Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - York River: Gloucester Point to Jones Creek

Gloucester

F26

Fecal coliform

N/A2

MPN/day

35.

Carter Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - York River: Gloucester Point to Jones Creek

Gloucester

F27

Fecal coliform

N/A2

MPN/day

36.

Cedarbush Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - York River: Gloucester Point to Jones Creek

Gloucester

F27

Fecal coliform

N/A2

MPN/day

37.

Jones Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - York River: Gloucester Point to Jones Creek

Gloucester

F26

Fecal coliform

N/A2

MPN/day

38.

Timberneck Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - York River: Gloucester Point to Jones Creek

Gloucester

F27

Fecal coliform

N/A2

MPN/day

Notes:
1The total WLA can be increased prior to modification provided that DEQ tracks these changes for bacteria TMDLs where the permit is consistent with water quality standards for bacteria.

2There were no point source dischargers in the modeled TMDL area.

B. Stream segment classifications, effluent limitations including water quality based effluent limitations, and waste load wasteload allocations.

TABLE B1 -- RECOMMENDED STREAM SEGMENTS IN THE YORK RIVER BASIN

Segment Number

Classification

Name of River (Description)*

8-1

E.L.

North Anna River (main and tributaries except Goldmine Creek and Contrary Creek) R.M. 68.4-0.0

8-2

E.L.

Goldmine Creek

8-3

W.Q.

Contrary Creek (main only) R.M. 9.5-0.0

8-4

E.L.

South Anna River (main and tributaries) R.M. 101.2-97.1

8-5

E.L.

South Anna River (main only) R.M. 97.1-77.4

8-6

E.L.

South Anna River (main and tributaries) R.M.77.4-0.0

8-7

E.L.

Pamunkey River (main and tributaries) R.M. 90.7-12.2

8-8

W.Q.

Pamunkey River (main only) R.M. 12.2-0.0

8-9

E.L.

Mattaponi River (main and tributaries) R.M.102.2-10.2

8-10

E.L.

Mattaponi River (main only) R.M.10.2-0.0

8-11

W.Q.

York River (main only) R.M. 30.4-22.4

8-12

E.L.

York River (main and tributaries except King Creek and Carter Creek) –R.M. 22.4-0.0

8-13

E.L.

Carter Creek (main and tributaries) R.M. 5.4-2.0

8-14

E.L.

Carter Creek (main only) R.M. 2.0-0.0

8-15

E.L.

King Creek (main only) R.M.5.6-0.0

8-16

W.Q.

Condemned shellfish areas- Timberneck, Queens, and Sarah Creeks and portions of the main stream of the York River.

Notes:
*R.M.= River Mile, measured from the river mouth

Source: Roy F. Western

TABLE B2 -- WASTE LOAD WASTELOAD ALLOCATIONS (IN LBS PER DAY)

POINT SOURCE

1977 WASTE LOAD2 WASTELOAD2

MAXIMUM7 DAILY LOAD

RECOMMENDED ALLOCATION

RAW WASTE LOAD WASTELOAD AT 1995

REQUIRED & REMOVAL EFFICENCY EFFICIENCY 1995

CBOD5

UBOD1

CBOD5

UBOD

CBOD5

UBOD

PER-CENT
RE-SERVE

CBOD5

UBOD

CBOD5

UBOD

Gordons-ville

145

398

150

412

150

412

0

1950

2730

92

85

Louisa-Mineral

50

108

55

118

55

118

0

850

1150

93

90

Doswell

52

110

8628

14078

6908

11258

20

1080

1444

854

71

Thornburg

63

150

68

162

68

162

0

1240

1690

94

90

Bowling Green

27

64

29

68

29

68

0

680

926

96

93

Ashland

160

303

235

559

188

447

20

2250

3825

92

88

Hanover (Regional STP)

170

437

280

820

280

820

0

5730

7930

96

90

Chesa-peake Corp.

6400

8000

104455

150005

104455

150005

N/A

51700

64630

90

90

West Point

105

380

2813

1020

225

814

20

1000

1600

854

66

Notes:
1BOD is Ultimate Biochemical Oxygen Demand. Its concentration is derived by the following: BOD5 /0.80+ 4.5(TKN)=(UBOD). NOTE: The amount of TKN utilized depends on the location in the basin.

2Projected for 1977 based on population projections.

3Recommended allocation based on BPCTCA effluent guidelines applied to raw waste loads at 2020.

4Minimum removal efficiency.

5Allocation based on BPCTCA effluent guidelines; amended by Minute 25, June 3-5, 1979 board meeting.

7Assimilative capacity.

8Amended by Minute 1, August 17, 1978, board meeting.

Source: Roy F. Weston, Inc.

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

Virginia Waterbody ID

Discharger Name

VPDES Permit No.

Total Nitrogen (TN) Waste Load Wasteload Allocation (lbs/yr)

Total Phosphorus (TP) Waste Load Wasteload Allocation (lbs/yr)

F20R

Caroline County STP

VA0073504

9,137

1,066

F01R

Gordonsville STP

VA0021105

17,177

2,004

F04R

Ashland WWTP

VA0024899

36,547

4,264

F09R

Doswell WWTP

VA0029521

18,273

2,132

F09R

Bear Island Paper Company

VA0029521

47,328

12,791

F27E

Giant Yorktown Refinery

VA0003018

167,128

22,111

F27E

HRSD - York River STP

VA0081311

274,100

31,978

F14R

Parham Landing WWTP(1)1

VA0088331

36,547

4,264

F14E

Smurfit Stone - West Point

VA0003115

259,177

70,048

F12E

Totopotomoy WWTP

VA0089915

182,734

21,319

F25E

West Point STP

VA0075434

10,964

1,279

C04E

HRSD - Mathews Courthouse STP

VA0028819

1,827

213

TOTALS:

1,060,939

173,469

NOTES Notes:
(1)1Parham Landing WWTP: waste load wasteload allocations (WLAs) based on a design flow capacity of 2.0 million gallons per day (MGD). If plant is not certified to operate at 2.0 MGD design flow capacity by December 31, 2010, the WLAs will decrease to TN = 10,416 lbs/yr; TP = 1,215 lbs/yr, based on a design flow capacity of 0.57 MGD.

9VAC25-720-130. New River Basin.

A. Total Maximum Daily Load maximum daily loads (TMDLs).

TMDL #

Stream Name

TMDL Title

City/County

WBID

Pollutant

WLA1

Units

1.

Stroubles Creek

Benthic TMDL for Stroubles Creek in Montgomery County, Virginia

Montgomery

N22R

Sediment

233.15

T/YR

2.

Back Creek

Fecal Bacterial and General Standard Total Maximum Daily Load Development for Back Creek Watershed, Pulaski County, VA

Pulaski

N22R

Sediment

0.28

T/YR

3.

Crab Creek

Fecal Bacterial and General Standard Total Maximum Daily Load Development for Crab Creek Watershed, Montgomery County, VA

Montgomery

N18R

Sediment

77

T/YR

4.

Peak Creek

Fecal Bacterial and General Standard Total Maximum Daily Load Development for Peak Creek Watershed, Pulaski County, VA

Pulaski

N17R

Copper

12

KG/YR

5.

Peak Creek

Fecal Bacterial and General Standard Total Maximum Daily Load Development for Peak Creek Watershed, Pulaski County, VA

Pulaski

N17R

Zinc

57

KG/YR

6.

Bluestone River

Fecal Bacterial and General Standard Total Maximum Daily Load Development for Bluestone River

Tazewell

N36R

Sediment

116.2

T/YR

7.

Hunting Camp Creek

Total Maximum Daily Load (TMDL) Development for Hunting Camp Creek Aquatic Life Use (Benthic) and E. coli (Bacteria) Impairments

Bland

N31R

Sediment

0

LB/YR

8.

Chestnut Creek

Total Maximum Daily Load Development for Chestnut Creek, Fecal Bacteria and General Standard (Benthic)

Carroll, Grayson

N06R

Sediment

18.9

T/YR

9.

Laurel Fork

Benthic TMDL for Laurel Fork, Sussex County, Virginia

Tazewell, Pocahontas

N37R

Sediment

21

T/YR

10.

Little River

Bacteria, Benthic, and Temperature Total Maximum Daily Loads in the Little River Watershed of Floyd and Montgomery Counties, Virginia

Floyd, Pulaski, Montgomery

N19R, N21R

Sediment

116.49

T/YR

11.

Back Creek

Fecal Bacteria and General Standard Total Maximum Daily Load Development for Back Creek

Pulaski

N22

E. coli

2.61E+09

cfu/year

12.

Bluestone River

Fecal Bacteria and General Standard Total Maximum Daily Load Development for Bluestone River

Tazewell

N36

E. coli

9.41E+12

cfu/year

13.

Chestnut Creek

Total Maximum Daily Load Development for Chestnut Creek Fecal Bacteria and General Standard (Benthic)

Carroll, Galax, Grayson

N06

E. coli

1.74E+09

cfu/year

14.

Crab Creek

Fecal Bacteria and General Standard Total Maximum Daily Load Development for Crab Creek

Montgomery

N18

E. coli

3.40E+08

cfu/year

15.

Cripple Creek #1

Bacteria Total Maximum Daily Load (TMDL) Development for Cripple Creek

Smyth

N09

E. coli

2.94E+10

cfu/year

16.

Cripple Creek #2

Bacteria Total Maximum Daily Load (TMDL) Development for Cripple Creek

Smyth, Wythe

N09

E. coli

1.87E+11

cfu/year

17.

Cripple Creek #3

Bacteria Total Maximum Daily Load (TMDL) Development for Cripple Creek

Smyth, Wythe

N09

E. coli

2.82E+11

cfu/year

18.

Dodd Creek and tributaries

Fecal coliform TMDL for Dodd Creek Watershed

Floyd

N20

Fecal coliform

6.91E+11

cfu/year

19.

Elk Creek

Bacteria Total Maximum Daily Load Development for Elk Creek

Grayson

N05

E. coli

1.48E+11

cfu/year

20.

Hunting Camp Creek

Total Maximum Daily Load (TMDL) Development for Hunting Camp Creek

Bland

N31

E. coli

0

cfu/year

21.

Laurel Fork

Total Maximum Daily Load Development for Laurel Fork Fecal Bacteria, Dissolved Oxygen and General Standard (Benthic)

Tazewell

N37

E. coli

8.72E+11

cfu/year

22.

Little River and tributaries

Bacteria, Benthic, and Temperature Total Maximum Daily Loads in the Little River Watershed

Floyd, Montgomery

N19, N20, N21

E. coli

1.13E+13

cfu/year

23.

Dodd Creek, lower (DDD01)

Bacteria, Benthic, and Temperature Total Maximum Daily Loads in the Little River Watershed

Floyd

N20

Temperature

0.82

J/m2/s

24.

West Fork Dodd Creek (VAW-N20R_DDW01A02)

Bacteria, Benthic, and Temperature Total Maximum Daily Loads in the Little River Watershed

Floyd

N20

Temperature

0.99

J/m2/s

25.

Little River, upper (LRV03)

Bacteria, Benthic, and Temperature Total Maximum Daily Loads in the Little River Watershed

Floyd

N19

Temperature

1.03

J/m2/s

26.

Big Indian Creek (VAW-N21R_BIC01A02)

Bacteria, Benthic, and Temperature Total Maximum Daily Loads in the Little River Watershed

Floyd

N21

Temperature

1.2

J/m2/s

27.

Dodd Creek, upper (DDD02)

Bacteria, Benthic, and Temperature Total Maximum Daily Loads in the Little River Watershed

Floyd

N20

Temperature

1.3

J/m2/s

28.

Pine Creek (VAW-N19R_PNC01A06)

Bacteria, Benthic, and Temperature Total Maximum Daily Loads in the Little River Watershed

Floyd

N19

Temperature

1.35

J/m2/s

29.

Little River, middle (LRV02)

Bacteria, Benthic, and Temperature Total Maximum Daily Loads in the Little River Watershed

Floyd

N19

Temperature

1.44

J/m2/s

30.

Little River, lower (LRV01)

Bacteria, Benthic, and Temperature Total Maximum Daily Loads in the Little River Watershed

Floyd, Montgomery

N19, N20, N21

Temperature

1.66

J/m2/s

31.

Mill Creek and tributaries

Fecal Coliform TMDL for Mill Creek Watershed

Montgomery

N21

Fecal coliform

2.62E+11

cfu/year

32.

Peak Creek

Fecal Bacteria and General Standard Total Maximum Daily Load Development for Peak Creek

Pulaski

N17

E. coli

8.70E+08

cfu/year

33.

Mill Creek

Bacteria Total Maximum Daily Load Development for Mill Creek, Cove Creek, Miller Creek, Stony Fork, Tate Run, South Fork Reed Creek and Reed Creek

Wythe

N10

E. coli

6.79E+10

cfu/year

34.

Tate Run

Bacteria Total Maximum Daily Load Development for Mill Creek, Cove Creek, Miller Creek, Stony Fork, Tate Run, South Fork Reed Creek and Reed Creek

Wythe

N10

E. coli

7.99E+10

cfu/year

35.

Stony Fork

Bacteria Total Maximum Daily Load Development for Mill Creek, Cove Creek, Miller Creek, Stony Fork, Tate Run, South Fork Reed Creek and Reed Creek

Wythe

N10

E. coli

9.00E+10

cfu/year

36.

Miller Creek

Bacteria Total Maximum Daily Load Development for Mill Creek, Cove Creek, Miller Creek, Stony Fork, Tate Run, South Fork Reed Creek and Reed Creek

Wythe

N11

E. coli

2.63E+11

cfu/year

37.

Reed Creek (VAS-N10R_RDC01B00)

Bacteria Total Maximum Daily Load Development for Mill Creek, Cove Creek, Miller Creek, Stony Fork, Tate Run, South Fork Reed Creek and Reed Creek

Wythe

N10

E. coli

4.32E+11

cfu/year

38.

Cove Creek

Bacteria Total Maximum Daily Load Development for Mill Creek, Cove Creek, Miller Creek, Stony Fork, Tate Run, South Fork Reed Creek and Reed Creek

Wythe

N12

E. coli

7.40E+11

cfu/year

39.

Reed Creek (VAS-N10R_RDC01A02)

Bacteria Total Maximum Daily Load Development for Mill Creek, Cove Creek, Miller Creek, Stony Fork, Tate Run, South Fork Reed Creek and Reed Creek

Wythe

N10

E. coli

8.71E+11

cfu/year

40.

Reed Creek (VAS-N10R_RDC01A00)

Bacteria Total Maximum Daily Load Development for Mill Creek, Cove Creek, Miller Creek, Stony Fork, Tate Run, South Fork Reed Creek and Reed Creek

Wythe

N10

E. coli

2.18E+12

cfu/year

41.

Reed Creek, South Fork

Bacteria Total Maximum Daily Load Development for Mill Creek, Cove Creek, Miller Creek, Stony Fork, Tate Run, South Fork Reed Creek and Reed Creek

Wythe

N10

E. coli

2.18E+12

cfu/year

42.

Reed Creek (VAS-N11R_RDC01B00)

Bacteria Total Maximum Daily Load Development for Mill Creek, Cove Creek, Miller Creek, Stony Fork, Tate Run, South Fork Reed Creek and Reed Creek

Wythe

N10, N11, N12

E. coli

3.80E+13

cfu/year

43.

Reed Ceek (VAS-N11R_RDC02B02)

Bacteria Total Maximum Daily Load Development for Mill Creek, Cove Creek, Miller Creek, Stony Fork, Tate Run, South Fork Reed Creek and Reed Creek

Wythe

N10, N11, N12

E. coli

5.54E+13

cfu/year

44.

Reed Creek (VAS-N11R_RDC03B04)

Bacteria Total Maximum Daily Load Development for Mill Creek, Cove Creek, Miller Creek, Stony Fork, Tate Run, South Fork Reed Creek and Reed Creek

Wythe

N10, N11, N12

E. coli

6.03E+13

cfu/year

Notes:
1The total WLA can be increased prior to modification provided that DEQ tracks these changes for bacteria TMDLs where the permit is consistent with water quality standards for bacteria.

B. Non-TMDL waste load wasteload allocations.

Water Body

Permit No.

Facility Name

Receiving Stream

River Mile

Outfall No.

Parameter Description

WLA

Units WLA

VAS-N11R

VA0020281

Wytheville WWTP

Reed Creek

25.79

001

BOD5

360

KG/D

VAS-N15R

VA0089443

Hillsville WWTP

Little Reed Island Creed

25.12

001

CBOD5, JAN-MAY

118

KG/D

CBOD5, JUN-DEC

95

KG/D

VAW-N21R

VA0024040

Montgomery Co. PSA - Riner Town - Sewage Treatment Plant

Mill Creek

5.12

001

BOD5

7.5

KG/D

TKN (N-KJEL)

1.9

KG/D

VAW-N22R

VA0060844

Blacksburg VPI Sanitation Auth. - Lower Stroubles Creek WWTP

New River

71.37

001

BOD5

818

KG/D

VAS-N36R

VA0025054

Bluefield Westside WWTP

Bluestone River

25.64

001

BOD5, JUN-NOV

130

KG/D

BOD5, DEC-MAY

260

KG/D

VAS-N36R

VA0062561

Tazewell County PSA - Falls Mills Hales Bottom STP

Bluestone River

22.49

001

BOD5

5.5

KG/D

VAS-N37R

VA0029602

Pocahontas STP

Laurel Fork

1.99

001

BOD5

17

KG/D

VAW-N21R

VA002040

Montgomery Co. PSA - Riner Town - Sewage Treatment Pant

Mill Creek

5.12

001

BOD5

7.5

KG/D

TKN (N-KJEL)

1.9

KG/D

VAW-N22R

VA0060844

Blacksburg VPI Sanitation Auth. - Lower Stroubles Creek WWTP

New River

71.37

001

BOD5

818

KG/D

VA.R. Doc. No. R15-4127; Filed January 7, 2015, 1:44 p.m.
TITLE 10. FINANCE AND FINANCIAL INSTITUTIONS
STATE CORPORATION COMMISSION
Final Regulation

REGISTRAR'S NOTICE: The State Corporation Commission is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4002 A 2 of the Code of Virginia, which exempts courts, any agency of the Supreme Court, and any agency that by the Constitution is expressly granted any of the powers of a court of record.

Title of Regulation: 10VAC5-120. Money Order Sellers and Money Transmitters (amending 10VAC5-120-10, 10VAC5-120-40, 10VAC5-120-50; adding 10VAC5-120-60 through 10VAC5-120-100).

Statutory Authority: §§ 6.2-1913 and 12.1-13 of the Code of Virginia.

Effective Date: February 15, 2015.

Agency Contact: Susan Hancock, Deputy Commissioner, Bureau of Financial Institutions, State Corporation Commission, P.O. Box 640, Richmond, VA 23218, telephone (804) 371-9701, FAX (804) 371-9416, or email susan.hancock@scc.virginia.gov.

Summary:

The amendments (i) define various terms and clarify the scope of the term "money transmission," (ii) require licensees to file a quarterly report of outstandings and permissible investments; (iii) clarify that permissible investments must be unencumbered and held solely in the name of the licensee; (iv) prohibit licensees from providing false, misleading, or deceptive information to the Bureau of Financial Institutions or a Virginia resident; (v) clarify that the acts and omissions of a licensee's authorized delegates constitute acts and omissions of the licensee; (vi) require licensees and former licensees to maintain their contact information with the Bureau of Financial Institutions until they have no outstanding money orders and money transmission transactions; (vii) add certain receivables from depository institutions as permissible investments and limit receivables under § 6.2-1919 A 5 of the Code of Virginia as permissible investments; (viii) require licensees and their authorized delegates to dispose of records containing consumers' personal financial information in a secure manner; (ix) specify additional events that require licensees to file a written report with the Commissioner of Financial Institutions; (x) prescribe an application fee for any person submitting an application to acquire 25% or more of the ownership of a licensee; and (xi) prohibit licensees from allowing an authorized delegate to designate or appoint a subdelegate to sell money orders or engage in money transmission business.

Changes to the reporting requirements in 10VAC5-120-40 C in the final regulation clarify when a report is made and what information the report contains.

AT RICHMOND, JANUARY 12, 2015

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. BFI-2014-00009

Ex Parte: In re: Money Order Sellers
and Money Transmitters

ORDER ADOPTING REGULATIONS

On September 24, 2014, the State Corporation Commission ("Commission") entered an Order to Take Notice of a proposal by the Bureau of Financial Institutions ("Bureau") to amend the Commission's regulations governing licensed money order sellers and money transmitters, which are set forth in Chapter 120 of Title 10 of the Virginia Administrative Code, 10VAC5-120-10 et seq. The Order to Take Notice and proposed regulations were published in the Virginia Register of Regulations on October 20, 2014, posted on the Commission's website, and sent to all licensed money order sellers and money transmitters, and other interested parties. Licensees and other interested parties were afforded the opportunity to file written comments or request a hearing on or before November 20, 2014.

Comments on the proposed regulations were filed by Terry Harbin of GSC Enterprises, Inc., and Bradley S. Lui, Esquire, counsel for The Money Services Round Table. The Commission did not receive any requests for a hearing.

Mr. Harbin indicated in his comments that the requirement in 10VAC5-120-40 C that licensees file a written report with the Commissioner of Financial Institutions within one business day following the occurrence of certain events is unreasonable. He suggested a ten day reporting requirement following the occurrence of a covered event. Mr. Lui expressed a similar concern and suggested a thirty day reporting requirement following a licensee becoming aware of the occurrence of a covered event, not upon the actual occurrence of the event. Mr. Lui also noted that § 6.2-1917 of the Code of Virginia does not require licensees to report the expected impact of a covered event on the licensee's Virginia activities.

Mr. Lui further commented that the prohibitions in 10VAC5-120-60 B and 10VAC5-120-70 J on a licensee providing false, misleading, or deceptive information to the Bureau or to a Virginia resident may be overly broad and have the potential to apply to unintentional acts by a licensee. He recommended that the proposed regulations be modified to prohibit licensees from knowingly providing false, misleading, or deceptive information to the Bureau or to a Virginia resident, or providing such information with the intent to deceive.

The Bureau considered the comments filed and responded to them in its Statements of Position, which the Bureau filed with the Clerk of the Commission on December 17, 2014. In its response, the Bureau stated that it is amenable to (1) replacing the first instance of the word "following" in 10VAC5-120-40 C with the words "after a licensee becomes aware of"; and (2) removing the requirement that a licensee report the expected impact that a covered event would have on the licensee's Virginia activities. The Bureau otherwise recommended that the Commission adopt the proposed regulations as proposed.

NOW THE COMMISSION, having considered the proposed regulations, the comments filed, the Bureau's Statements of Position, the record herein, and applicable law, concludes that the proposed regulations should be modified to incorporate certain suggestions that were made by commenters and the Bureau. The Commission further concludes that the proposed regulations, as modified, should be adopted with an effective date of February 15, 2015.

Accordingly, IT IS ORDERED THAT:

(1) The proposed regulations, as modified herein and attached hereto, are adopted effective February 15, 2015.

(2) This Order and the attached regulations shall be posted on the Commission's website at: http://www.scc.virginia.gov/case.

(3) The Commission's Division of Information Resources shall provide a copy of this Order, including a copy of the attached regulations, to the Virginia Registrar of Regulations for publication in the Virginia Register of Regulations.

(4) This case is dismissed, and the papers filed herein shall be placed in the Commission's file for ended causes.

AN ATTESTED COPY hereof, together with a copy of the attached regulations, shall be sent by the Clerk of the Commission to the Commission's Office of General Counsel and the Commissioner of Financial Institutions, who shall forthwith send a copy of this Order, together with a copy of the attached regulations, to all licensed money order sellers and money transmitters, and such other interested parties as he may designate.

10VAC5-120-10. Definitions.

The following words and terms, when used in this chapter, shall have the following meaning meanings unless the context clearly indicates otherwise:

"Money "Authorized delegate," "licensee," "monetary value," "money order," "money transmission," and "licensee" "outstanding" shall have the meaning meanings ascribed to them in § 6.2-1900 of the Code of Virginia.

"Bureau," "commission," and "commissioner" shall have the meanings ascribed to them in § 6.2-100 of the Code of Virginia.

"Chapter 19" means Chapter 19 (§ 6.2-1900 et seq.) of Title 6.2 of the Code of Virginia.

"Generally accepted accounting principles" for purposes of Chapter 19 and this chapter means standard accounting guidelines as established and administered by the American Institute of Certified Public Accountants (AICPA) and the United States Financial Accounting Standards Board (FASB).

"Merchant or service provider" means a person engaged in the business of selling goods or services, but excluding a person licensed or required to be licensed under Chapter 19.

"Money transmission" for purposes of Chapter 19 and this chapter shall have the meaning ascribed to it in § 6.2-1900 of the Code of Virginia. However, the term shall not include the actions of an agent who collects funds on behalf of a merchant or service provider, provided that (i) the agent has been explicitly designated in a written agreement as an agent of the merchant or service provider; (ii) any funds collected by the agent shall be deemed for all purposes to be received by the merchant or service provider, regardless of whether the agent actually remits such funds to the merchant or service provider; (iii) the agent provides the Virginia resident with a dated receipt indicating that payment to the agent constitutes payment to the merchant or service provider; and (iv) there is no risk of loss to the Virginia resident if the agent fails to remit such resident's funds to the merchant or service provider. This definition shall not be construed to prohibit the merchant or service provider from seeking indemnification from its agent for any direct losses incurred due to the agent's failure to remit funds in accordance with its agreement.

"Reporting period" means a calendar quarter, the first six months of a calendar year, or the last six months of a calendar year, as the case may be.

"Senior officer" for purposes of Chapter 19 means an individual who has significant management responsibility within an organization or otherwise has the authority to influence or control the conduct of the organization's affairs, including but not limited to its compliance with applicable laws and regulations.

10VAC5-120-40. Reporting requirements.

A. 1. Licensees licensed for less than three years shall file reports with the commissioner within 45 days after the end of each calendar quarter.

2. Licensees licensed for three years or longer shall file reports with the commissioner within 45 days after the end of each semiannual reporting period.

3. Licensees affiliated by common ownership with another licensee licensed for three years or longer, and licensees which that acquire all or part of the money order sales business or money transmission business of another licensee licensed for three years or longer, shall file reports with the commissioner within 45 days after the end of each semiannual reporting period.

B. Licensees shall file a report of outstandings and permissible investments with the commissioner within 45 days after the end of each calendar quarter.

C. Within one business day [ following after a licensee becomes aware of ] the occurrence of any of the following events, [ a the ] licensee shall file a written report with the commissioner describing the event [ and its expected impact, if any, on the activities of the licensee in Virginia ]:

1. Bankruptcy, reorganization, or receivership proceedings are filed by or against the licensee.

2. Any local, state, or federal governmental authority institutes revocation, suspension, or other formal administrative, regulatory, or enforcement proceedings against the licensee.

3. Any local, state, or federal governmental authority (i) revokes or suspends the licensee's money order seller license, money transmitter license, or other license for a similar business; (ii) takes formal administrative, regulatory, or enforcement action against the licensee relating to its money order sales, money transmission, or similar business; or (iii) takes any other action against the licensee relating to its money order sales, money transmission, or similar business where the total amount of restitution or other payment from the licensee exceeds $20,000. A licensee shall not be required to provide the commissioner with information about such event to the extent that such disclosure is prohibited by the laws of another state.

4. Based on allegations by any local, state, or federal governmental authority that the licensee violated any law or regulation applicable to the conduct of its licensed money order sales, money transmission, or similar business, the licensee enters into, or otherwise agrees to the entry of, a settlement or consent order, decree, or agreement with or by such governmental authority.

5. The licensee surrenders its money order seller license, money transmitter license, or other license for a similar business in another state in lieu of threatened or pending license revocation; license suspension; or other administrative, regulatory, or enforcement action.

6. The licensee is denied a money order seller license, money transmitter license, or other license for a similar business in another state.

7. The licensee or any of its members, partners, directors, officers, principals, employees, or authorized delegates is indicted or convicted of a felony.

D. The reports required by this section shall contain such information as the commissioner may require. The commissioner may require such additional reports as he deems necessary.

10VAC5-120-50. Assessment schedule for the examination and supervision of money order sellers and money transmitters.

Pursuant to subsection B of § 6.2-1905 of the Code of Virginia, the commission sets the following schedule for the annual assessment to be paid by persons licensed under Chapter 19 6.2-1900 et seq.) of Title 6.2 of the Code of Virginia. The assessment defrays the costs of the examination and supervision of licensees by the Bureau of Financial Institutions bureau.

The annual assessment shall be $0.000047 per dollar of money orders sold and money transmitted by a licensee pursuant to Chapter 19 6.2-1900 et seq.) of Title 6.2 of the Code of Virginia. The assessment shall be based on the dollar volume of business conducted by a licensee, either directly or through its authorized delegates, during the calendar year preceding the year of the assessment.

The amount calculated using the above schedule shall be rounded down to the nearest whole dollar.

Fees shall be assessed on or before August 1 for the current calendar year. The assessment shall be paid by licensees on or before September 1.

The annual report, due April 15 each year, of each licensee provides the basis for its assessment. In cases where a license has been granted between January 1 and April 15 of the year of the assessment, the licensee's initial annual assessment shall be $0.

Fees prescribed and assessed pursuant to this schedule are apart from, and do not include, the following: (i) the annual license renewal fee of $750 authorized by subsection A of § 6.2-1905 of the Code of Virginia and (ii) the reimbursement for expenses authorized by subsection C of § 6.2-1905 of the Code of Virginia.

10VAC5-120-60. Responding to requests from the Bureau of Financial Institutions; providing false, misleading, or deceptive information.

A. When the bureau requests a written response, books, records, documentation, or other information from a licensee or its authorized delegate in connection with the bureau's investigation, enforcement, or examination of compliance with applicable laws and regulations, the licensee or authorized delegate shall deliver a written response as well as any requested books, records, documentation, or information within the time period specified in the bureau's request. If no time period is specified, a written response as well as any requested books, records, documentation, or information shall be delivered by the licensee or its authorized delegate to the bureau not later than 30 days from the date of such request. In determining the specified time period for responding to the bureau and when considering a request for an extension of time to respond, the bureau shall take into consideration the volume and complexity of the requested written response, books, records, documentation, or information, and such other factors as the bureau determines to be relevant under the circumstances. Requests made by the bureau pursuant to this subsection are deemed to be in furtherance of the bureau's investigation and examination authority provided for in § 6.2-1910 of the Code of Virginia.

B. A licensee shall not provide any false, misleading, or deceptive information to the bureau.

10VAC5-120-70. Acquisitions; additional business requirements and restrictions; operating rules.

A. Any person submitting an application to acquire, directly or indirectly, 25% or more of the voting shares of a corporation or 25% or more of the ownership of any other person licensed to conduct business under Chapter 19 shall pay a nonrefundable application fee of $500.

B. A licensee shall not permit an authorized delegate to designate or appoint a subdelegate to sell money orders or engage in money transmission business.

C. The audited financial statements filed by a licensee pursuant to § 6.2-1905 D of the Code of Virginia shall cover the prior 12-month fiscal period and be prepared in accordance with generally accepted accounting principles.

D. Quarterly financial statements filed by a licensee pursuant to § 6.2-1917 B of the Code of Virginia shall be consolidated and prepared in accordance with generally accepted accounting principles.

E. A licensee shall comply with Chapter 19, this chapter, and all other state and federal laws and regulations applicable to the conduct of its business. For purposes of Chapter 19 and this chapter, the acts and omissions of a licensee's authorized delegates shall be deemed acts and omissions of such licensee.

F. In addition to the records specified in § 6.2-1916 B of the Code of Virginia, a licensee shall maintain in its principal place of business such other books, accounts, and records as the commissioner may reasonably require in order to determine whether such licensee is complying with the provisions of Chapter 19, this chapter, and other laws and regulations applicable to the conduct of its business.

G. If a licensee, authorized delegate, or former licensee disposes of records containing a consumer's personal financial information or copies of a consumer's identification documents, such records and copies shall be shredded, incinerated, or otherwise disposed of in a secure manner. A licensee, authorized delegate, or former licensee may arrange for service from a business record destruction vendor.

H. A licensee or former licensee shall provide the following information to the bureau within 10 days after such person's license is surrendered or revoked or the licensed business is otherwise closed: (i) the names, addresses, telephone numbers, fax numbers, and email addresses of a designated contact person and the person who consumers may contact regarding outstanding money orders or money transmission transactions; (ii) the location of the licensee's or former licensee's money order and money transmission records; and (iii) any additional information that the bureau may reasonably require. A licensee or former licensee shall maintain current information with the bureau until the licensee or former licensee has no outstanding money orders and money transmission transactions.

I. A person shall remain subject to the provisions of Chapter 19 and this chapter applicable to licensees in connection with all money orders sold and money or monetary value received for transmission while licensed under Chapter 19 notwithstanding the occurrence of any of the following events:

1. The person's license is surrendered or revoked; or

2. The person ceases selling money orders or transmitting money or monetary value.

J. A licensee shall not provide any information to a Virginia resident that is false, misleading, or deceptive.

K. A licensee shall not engage in any activity that directly or indirectly results in an evasion of the provisions of Chapter 19 or this chapter.

L. A licensee shall continuously maintain the requirements and standards for licensure prescribed in § 6.2-1906 of the Code of Virginia.

10VAC5-120-80. Permissible investments.

A. Permissible investments maintained by a licensee pursuant to § 6.2-1918 of the Code of Virginia shall be unencumbered and held solely in the name of the licensee.

B. In addition to the investments specified in § 6.2-1919 of the Code of Virginia, the following investments shall be considered permissible under § 6.2-1918 of the Code of Virginia: any receivables that are (i) payable to a licensee from any bank, savings institution, or credit union that is chartered under the laws of the United States or any state thereof; (ii) comprised of funds that have been tendered by residents of the United States for money transmission transactions; and (iii) no more than seven days old.

C. The receivables specified in § 6.2-1919 A 5 of the Code of Virginia shall be limited to funds that have been collected by a licensee's authorized delegates directly from residents of the United States for money transmission transactions.

10VAC5-120-90. Enforcement.

A. Failure to comply with any provision of Chapter 19 or this chapter may result in civil penalties, license revocation, the entry of a cease and desist order, or other appropriate enforcement action.

B. Pursuant to § 6.2-1920 of the Code of Virginia, a person required to be licensed under Chapter 19 shall be subject to a civil penalty of up to $2,500 for every violation of Chapter 19, this chapter, or other law or regulation applicable to the conduct of the person's business. Furthermore, if a person violates any provision of Chapter 19, this chapter, or other law or regulation applicable to the conduct of the person's business in connection with multiple money order sales or money transmission transactions, the person shall be subject to a separate civil penalty for each money order sale or money transmission transaction. For example, if a person sells five money orders and the person violates two provisions of this chapter in connection with each of the five money order sales, there would be a total of 10 violations and the person would be subject to a maximum civil penalty of $25,000.

10VAC5-120-100. Commission authority.

The commission may, at its discretion, waive or grant exceptions to any provision of this chapter for good cause shown.

VA.R. Doc. No. R15-4161; Filed January 21, 2015, 1:05 a.m.
TITLE 17. LIBRARIES AND CULTURAL RESOURCES
DEPARTMENT OF HISTORIC RESOURCES
Proposed Regulation

Title of Regulation: 17VAC10-30. Historic Rehabilitation Tax Credit (amending 17VAC10-30-10 through 17VAC10-30-160).

Statutory Authority: §§ 10.1-2202 and 58.1-339.2 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: April 10, 2015.

Agency Contact: Elizabeth Tune, Manager, Office of Preservation Incentives, Department of Historic Resources, 2801 Kensington Avenue, Richmond, VA 23221, telephone (804) 482-6093, FAX (804) 367-2391, TTY (804) 367-2386, or email elizabeth.tune@dhr.virginia.gov.

Basis: The Department of Historic Resources (DHR) has specific statutory authority under § 58.1-339.2 of the Code of Virginia to promulgate regulations necessary to implement the Virginia Historic Rehabilitation Tax Credit Program. The regulation is mandated in whole by the state statute. The statute provides that the Director of the Department of Historic Resources shall establish by regulation the requirements needed for the program, including the fees to defray the necessary expenses and the extent to which the availability of the credit is coextensive with the availability of the federal rehabilitation tax credit.

Purpose: Amendment and clarification of the existing program regulations are necessary to enhance the ease of use for applicants, more clearly set out the application requirements and standards of review for both applicants and DHR staff, and establish stricter reporting requirements to prevent abuse of the program. Additionally, the amendments revise the existing fee structure to more accurately reflect the time and professional expertise necessary for DHR's review of projects.

By clarifying existing language, this amendment will make the application process and requirements easier to understand for property owners and promote the wide use of the program, which has demonstrated direct environmental, economic, and social benefits resulting from reinvestment in existing buildings and historic communities.

Enhancing the reporting and attestation requirements on the part of the applicant, both in the description and documentation of proposed and completed rehabilitation work and in the eligible rehabilitation expenses reported as being incurred through the project, is intended to prevent abuse of the program and increase the reliability and certainty of the information presented to DHR for certification.

Substance: The proposed amendments (i) revise definitions and define four new terms; (ii) explain the application requirements for properties that are individually listed in the Virginia Landmarks Register and clarify the procedure for Certifications of Historic Significance for moved buildings; (iii) describe in greater detail the process for obtaining Certifications of Rehabilitation, clarify the information that must be disclosed by the applicant and submitted to DHR for review, enhance the attestation requirements of the property owner, and amend the requirements for CPA review of eligible rehabilitation expenses and subsequent reporting by the property owner; (iv) revise the fee structure to refine the categories based on project costs and raise the review fees; (v) more clearly define what constitutes a rehabilitation project; (vi) provide a more detailed description of expenses that are not eligible for the rehabilitation tax credit; and (vii) stipulate that expenses incurred before 2003 are not eligible for the rehabilitation tax credits.

Issues: Amending the existing regulations to clarify the application process and reporting requirements will benefit all users of the program. The application process, necessary documentation, and reporting requirements will be more clearly described for property owners applying for the rehabilitation tax credit. This will also aid DHR in the review of rehabilitation projects, as the information submitted will be more complete, and DHR staff will be better able to review the information submitted and to respond to the applicant.

Strengthening the requirements for attestation and reporting by the owner, particularly the requirements for determining the eligible rehabilitation expenditures, will provide greater assurance to DHR and the Commonwealth that the information submitted is reliable and that subsequent certification of the application by DHR has a factual basis.

According to the existing regulations, property owners/applicants must obtain CPA certification of the eligible rehabilitation expenses for projects with expenses exceeding $100,000. The proposed amendment would require that all projects have CPA review of expenses, according to the format proscribed by DHR policy. Thus, there will be a new requirement and associated cost for projects under the $100,000 threshold. However, this important change is proposed to ensure that all expenses for which tax credits are granted are valid and eligible for the credits. It should be noted that the CPA certification of rehabilitation expenses also provides assurance to the property owner and their investors that the statement of eligible rehabilitation expenses is reliable. This change, therefore, will be beneficial to the property owners/applicants, DHR, and the Commonwealth.

The revised fee structure increases the fees charged by DHR for review of the applications. The existing fee structure, which has been in place since the inception of the program, no longer reflects the extensive amount of time and expertise required of DHR to review the applications and administer the program. The revised fee schedule includes more refined cost categories, and the fees charged for review of an application will not exceed 1.0% of project costs. While the cost to the applicant will increase, DHR believes that it is a fair and necessary change. Again, the increased fees will more accurately reflect the investment of resources required of DHR in review of projects and will allow DHR to maintain and, perhaps, expand its program capacity.

The proposed revisions have been carefully drafted to enhance the usability of the rehabilitation tax credit program, while ensuring its integrity for property owners, DHR, and the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Department of Historic Resources (DHR) proposes to amend its regulations governing historic property rehabilitation tax credits. Specifically, DHR proposes to make numerous clarifying changes, add categories of fees and increase fees and change the rules under which a CPA audit is required.

Result of Analysis. There is insufficient information to accurately gauge whether benefits are likely to outweigh costs for substantive proposed changes. Since this is a voluntary program, however, owners of rehabilitated properties will likely not participate if the benefit they receive will not outweigh the costs of participation.

Estimated Economic Impact. DHR's Historic Rehabilitation Tax Credit regulations govern the allocation of tax credits for the refurbishment of historic properties. Qualifying property owners may claim credits against tax liabilities for 25% of eligible rehabilitation expenses. DHR proposes to make many clarifying changes to these regulations. None of these clarifying changes impose new restrictions or requirements on applicant property owners but instead are aimed at making regulatory text more understandable. Consequently, no entity is likely to incur any costs on account of these changes; to the extent that tax credit rules are made less opaque, affected property owners will benefit.

In addition to clarifying changes, DHR proposes to increase the number of fee categories to better calibrate fees to the cost of rehabilitation projects and also to increase fees to reflect the actual costs for DHR staff: DHR established these fees in 1997 and has not raised them since. A chart that shows current and proposed fee categories and amounts is below:

*DHR may, upon request, provide expedited review of applications within 5 days instead of the normal 30 days. Extra fees are charged when expedited review is provided.

CURRENT FEE CATEGORIES BY AMOUNT OF REHABILITATION COSTS

Current Part 2 Review Fee

Current Part 3 Review Fee

Current Additional Expedited Review Fee*

Less than $50,000

Fee waived

$100

$100

$50,000 to $99,999

$250

$250

$250

$100,000 to $499,999

$400

$400

$400

$500,000 to $999,999

$750

$750

$750

Rehabilitation costs greater than $1,000,000

$1,500

$1,500

$1,500

PROPOSED FEE CATEGORIES BY AMOUNT OF REHABILITATION COSTS

Proposed Part 2 Review Fee

Proposed Part 3 Review Fee

Proposed Additional Expedited Review Fee*

Less than $100,000

$250

$250

$500

$100,000 to 249,999

$500

$500

$1,000

$250,000 to $499,999

$1,000

$1,000

$2,000

$500,000 to $999,999

$2,000

$2,000

$4,000

$1,000,000 to $1,999,999

$4,000

$4,000

$8,000

$2,000,000 to $3,499,999

$5,000

$5,000

$10,000

$3,500,000 to $4,999,999

$7,000

$7,000

$14,000

Rehabilitation costs greater than $5,000,000

$8,000

$8,000

$16,000

DHR also proposes to change the criteria under which property owners must pay for a financial review of their rehabilitation projects. Current regulations do not require a certified public accountant (CPA) review of projects with rehabilitation costs equal to or less than $100,000 and only require a CPA or equivalent certification of the actual costs attributed to the rehabilitation project for projects of greater than $100,000. DHR believes that this standard allows both inadvertent mistakes as well as fraud in deciding and reporting which expenses qualify. Consequently, DHR now proposes to require a CPA agreed-upon procedures report of expenses (that is equivalent to the certification now required of projects greater than $100,000) for projects with rehabilitation costs of less than $250,000 and to require a CPA audit for projects with costs greater than or equal to $250,000. DHR staff reports that cost review work carried out under agreed-upon procedures will likely cost between $1,000 and $3,500 and an audit will likely cost between $5,000 and $10,000.

Both fees charged under these regulations and financial review costs are qualifying expenses that are eligible for the 25% tax credit offset. Increases in these costs will likely lead to a decrease in the value of tax credits to applicants but are unlikely to be of a magnitude that applying for tax credits under this program would cost more than the value received. Because this is a voluntary program, individuals whose costs for applying outweigh benefits would be expected to refrain from taking part in the program.

Businesses and Entities Affected. All historic property owners who apply for tax credits under this program will be affected by these proposed regulations. DHR reports that they have received an average of 248 applications per year for new historic rehabilitation projects over the last five years.

Localities Particularly Affected. No locality will be particularly affected by this proposed regulatory action.

Projected Impact on Employment. These proposed regulations will likely lead to a slight increase in the number of financial review projects completed by CPAs in the Commonwealth.

Effects on the Use and Value of Private Property. To the extent that the availability of tax credits encourages property owners to rehabilitate their properties, the value of those properties will likely increase. Increases in the costs of applying for tax credits may slightly dampen incentives to participate in this tax credit program.

Small Businesses: Costs and Other Effects. Small business property owners who choose to participate in this program will be subject to increased fees and financial reporting costs.

Small Businesses: Alternative Method that Minimizes Adverse Impact. There are likely no alternate methods that would both meet DHR's goals and further minimize costs for affected entities.

Real Estate Development Costs. This regulatory action will likely increase real estate development costs for individuals who choose to apply for tax credits through this program.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

Agency's Response to Economic Impact Analysis: The Department of Historic Resources concurs with the results of the economic impact analysis.

Summary:

The amendments to the regulations governing historic property rehabilitation tax credits (i) make numerous clarifying changes; (ii) revise the fee structure and increase fees charged by the department for reviewing rehabilitation certification requests; (iii) require review by a certified public account of rehabilitation expenses for all projects, including projects with expenses less than $100,000; and (iv) change the eligibility date for the tax credit for incurred rehabilitation expenses from January 1, 1997, and later to January 1, 2003, and later.

17VAC10-30-10. Definitions.

The following words and terms when used in this regulation shall have the following meanings unless the context clearly indicates otherwise:

"Certified historic structure" means a building listed on the Virginia Landmarks Register, or certified by the Director of the Virginia Department of Historic Resources as contributing to the historic significance of a historic district that is listed on the Virginia Landmarks Register, or certified by the Director of the Department of Historic Resources as meeting the criteria for listing on the Virginia Landmarks Register. Portions of buildings, such as single condominium apartment units, are not independently eligible for certification as a certified historic structure. Rowhouses, even with abutting or party walls, are eligible for certification as a certified historic structure.

"Certified rehabilitation" means any rehabilitation of a certified historic structure that is certified by the Department of Historic Resources as consistent with The the Secretary of the Interior's Standards for Rehabilitation (36 CFR Part 67) 67.7).

"Commonwealth" means the Commonwealth of Virginia.

"Completion date" means the date the last eligible rehabilitation expense is incurred or the final certificate of occupancy (if appropriate) is issued.

"Completion year" means the calendar year in which the last eligible rehabilitation expense is incurred or the final certificate of occupancy (if appropriate) is issued.

"Department" means the Virginia Department of Historic Resources.

"Eligible rehabilitation expenses" means expenses as described in 17VAC10-30-110 incurred by a taxpayer in the material rehabilitation of a certified historic structure and added to the property's capital account.

"Historic district" means any district listed on the Virginia Landmarks Register by the Historic Resources Board according to the procedures specified in Chapter 22 (§ 10.1-2200 et seq.) of Title 10.1 of the Code of Virginia.

"Inspection" means a visit by an authorized representative of the Department of Historic Resources to a property for the purposes of reviewing and evaluating the significance of the structure and the ongoing or completed rehabilitation work.

"Material rehabilitation" means improvements or reconstruction consistent with The the Secretary of the Interior's Standards for Rehabilitation (36 CFR Part 67) 67.7), the cost of which amounts to at least 50% of the assessed value of the building for local real estate tax purposes for the year prior to the initial expenditure of any rehabilitation expenses, unless the building is an owner-occupied building, in which case the cost shall amount to at least 25% of the assessed value of such building for local real estate tax purposes for the year prior to the initial expenditure of any rehabilitation expenses. Material rehabilitation does not include enlargement or new construction.

"Owner" means the person, partnership, corporation, public agency, or other entity holding a fee simple interest in a property, or any other person or entity recognized by the Department of Taxation for purposes of the applicable tax benefits.

"Owner-occupied building" means any building, at least 75% of which is used as a personal residence by the owner, or which is available for occupancy by the owner for at least 75% of the year.

"Plan of rehabilitation" means a plan pursuant to which a certified historic structure will be materially rehabilitated.

"Program" means the Virginia Historic Rehabilitation Tax Credit Program.

"Property" means a building and its site, environment, and landscape features.

"Rehabilitation" means the process of returning a building or buildings to a state of utility, through repair or alteration, which that makes possible an efficient use while preserving those portions and features of the building and its site and environment which are significant to its historical, architectural, and cultural values as determined by the Department of Historic Resources.

"Standards for Rehabilitation" means The the Secretary of the Interior's Standards for Rehabilitation (36 CFR Part 67), 67.7) established by the United States U.S. Department of the Interior.

"Start of rehabilitation" means the date upon which the taxpayer applies for the building permit for the work contemplated by the plan of rehabilitation, or the date upon which actual work contemplated by the plan of rehabilitation begins.

"Virginia Landmarks Register" means the list of historic landmarks, buildings, structures, districts, objects, and sites designated by the Virginia Landmarks Board, in accord with the procedures specified in Chapter 22 (§ 10.1-2200 et seq.) of Title 10.1 of the Code of Virginia.

"Work" means improvement, reconstruction, repair, rehabilitation, or any other alteration to a building.

17VAC10-30-20. Introduction to certifications of significance and rehabilitation.

A. Individuals, estates, partnerships, trusts, or corporations may apply for certification of historic significance and certification of rehabilitations.

B. Requests for certifications of historic significance and of rehabilitations shall be made on the Historic Preservation Certification Application forms. Part 1 of the application, Evaluation of Significance, is used to request certification of historic significance. Part 2 of the application, Description of Rehabilitation, is used to request certification of a proposed rehabilitation project. Part 3 of the application, Request for Certification of Completed Work, is used to request certification of a completed rehabilitation project. If a rehabilitation project is completed before preparing Part 2 of the application, the applicant owner shall prepare and submit Parts 2 and 3 simultaneously.

C. The Historic Preservation Certification Application forms are available from the Department of Historic Resources, as well as on the department's website at www.dhr.virginia.gov.

D. The department generally completes reviews of certification requests within 30 days of receiving a complete, adequately documented application. Where adequate information is not provided, the department will notify the applicant owner of the additional information needed to complete the review. The department will adhere to this time period as closely as possible, but it is not mandatory, and the failure to complete a review within the designated period does not waive or alter any certification requirement. Expedited review of projects is available upon request as set forth in 17VAC10-30-80.

E. Certifications are only given in writing by duly authorized officials of the Department of Historic Resources. Decisions with respect to certifications are made on the basis of the information contained in the application form and other available information.

17VAC10-30-30. Certifications of historic significance.

A. Any property owner may consult with the Department of Historic Resources to determine whether a property is listed individually on the Virginia Landmarks Register, or whether a property is located within a historic district that is listed on the Virginia Landmarks Register.

B. Properties listed individually on the Virginia Landmarks Register are certified historic structures. For individually listed properties that contain more than one building or structure, the owner shall prepare Part 1 of the Historic Preservation Certification Application, "Evaluation of Significance," according to the instructions accompanying the application, describe each building and structure present, and provide information, including:

1. Name and mailing address of the owner;

2. Name and address of the property;

3. Current photographs of each building and structure, and its site, showing exterior and interior features and spaces adequate to document the building's or structure's significance;

4. Brief description of the appearance of the building or structure, including alterations, characteristic features, and estimated date or dates of construction;

6. Brief statement of significance, summarizing how the building or structure reflects the recognized historic values of the property;

7. Map showing the location of each building or structure on the property; and

8. Signature of the owner requesting certification.

C. For properties located in registered historic districts, the applicant shall request that the Department of Historic Resources determine whether the property is of historic significance to the district. The applicant shall prepare Part 1 of the Historic Preservation Certification Application form according to the instructions accompanying the application, including:

1. Name and mailing address of the owner;

2. Name and address of the property;

3. Name of the historic district;

4. Current photographs of the building and its site, showing exterior and interior features and spaces adequate to document the property's significance;

5. Brief description of the appearance of the property, including alterations, characteristic features, and estimated date or dates of construction;

6. Brief statement of significance, summarizing how the property reflects the recognized historic values of the historic district;

7. Map showing the location of the property within the historic district; and

8. Signature of the owner requesting certification.

D. Properties containing more than one building, where the department determines that the buildings have been functionally related historically to serve an overall purpose, such as a mill complex or a residence and carriage house, will be treated as a single certified historic structure, whether the property is individually listed in the Virginia Landmarks Register or is located within a registered historic district. Buildings that are functionally related historically are those that have functioned together to serve an overall purpose during the property's period of significance. In determining the value of the property under 17VAC10-30-100, each building will be assessed individually. All buildings on the property are not required to be rehabilitated in order for the owner to participate in the program. However, the work at each building for which tax credits are sought must be a material rehabilitation.

E. Properties within registered historic districts will be evaluated to determine if they contribute to the historic significance of the district by application of the standards set forth in 17VAC10-30-40.

F. Owners of properties that are not listed on the Virginia Landmarks Register may request a determination from the department as to whether the property meets the criteria for listing on the Virginia Landmarks Register. The department will provide written notification to the applicant owner of determinations of eligibility. Individual properties Wherever appropriate, the Director of the Department of Historic Resources may determine eligibility at his sole discretion. Properties determined by the department to be eligible for individual listing in the Virginia Landmarks Register are certified historic structures.

G. Owners of properties that are located in potential historic districts may request preliminary determinations from the department as to whether the potential historic district meets the criteria for listing on the Virginia Landmarks Register. Owners of properties located in districts determined to be eligible for listing may apply for preliminary certification of their properties, as specified in 17VAC10-30-40. Applications for preliminary certification of buildings within eligible historic districts must show how the district meets the criteria for listing on the Virginia Landmarks Register, and how the property contributes to the significance of that district, as specified in 17VAC10-30-40. Preliminary certifications will become final, and the properties will become certified historic structures, as of the date of listing the district on the Virginia Landmarks Register. Issuance of preliminary certification does not obligate the department to nominate the potential district. Applicants Owners proceed with rehabilitation projects at their own risk; if the historic district is not listed in on the Virginia Landmarks Register, the preliminary certification will not become final.

H. Owners of properties that have received preliminary certifications may apply for certification of rehabilitation projects, as specified in 17VAC10-30-50. Final certifications of rehabilitations will be issued only for certified historic structures.

I. A request for certification of historic significance may be submitted by an applicant who is not the owner of the property in question. In such cases, the applicant shall include a signed statement from the owner acknowledging the request for certification.

J. The Department of Historic Resources discourages the moving of historic buildings from their original sites. Under certain circumstances the relocation of historic buildings may be part of a historic rehabilitation project that can be certified. Building owners are advised that the relocation of a building that is listed in on the Virginia Landmarks Register may result in removal of the building from the Register. The relocation of a building that has been determined eligible for listing in the Virginia Landmarks Register may result in the loss of its eligibility. The relocation of a historic building into, from, or within a historic district or to or from an individual property listed in on the Virginia Landmarks Register, or that has been found eligible for listing, may result in removal of the district or property from the Register, loss of the eligibility of the district or property, or loss of the moved building's contributing status within the district or as part of the property. For historic rehabilitation projects involving moved buildings, the following procedures apply:

1. When a building is to be moved as part of a historic rehabilitation project for which certification is sought, the owner shall contact the department prior to moving the building, and shall follow procedures specified by the department. It is recommended that the owner receive approval of the relocation plan by the department prior to relocation of the building, as improper relocation may result in denial of certification for the project. When a building is moved, every effort should be made to reestablish its historic orientation, immediate setting, and general environment. In certain special cases, when there is adequate documentation about the building before its relocation and about the moving process, it may be possible to certify historic rehabilitation projects involving moved buildings when participation of the department prior to the move did not occur. However, this approach is not recommended, and owners pursue it at their own risk.

2. For individual properties and properties in historic districts not listed in the Virginia Landmarks Register or not previously found eligible for listing, prior to the move the owner shall submit Part 1 of the historic rehabilitation application Historic Preservation Certification Application to the department, according to subsections C, F, and G of this section.

3. For individual properties and properties in historic districts listed in the Virginia Landmarks Register or found eligible for listing, prior to the move the owner shall submit documentation to the department to determine whether the move is likely to result in the loss of listing or loss of eligibility for listing. Guidance on the type of documentation required can be obtained from the department.

4. Following the relocation of the building and its installation on a new site, reevaluation of the building will be necessary prior to rehabilitation to determine whether it can become is a certified historic structure. The owner shall submit Part 1 of the historic rehabilitation application Historic Preservation Certification Application to the department, according to subsections C, F, and G of this section, presenting information about the building in its new location.

5. The relocation of a historic building into, from, or within a listed or eligible historic district, or to or from an individually listed or eligible property, may result in alterations to the boundary definitions of the district or property, and will change the inventory of buildings in the district or on the individual property. The applicant owner applying for certification of the historic rehabilitation project involving building relocation will be responsible for amending the district or property information and nomination accordingly, following guidance provided by the department.

17VAC10-30-40. Standards for evaluating significance within registered historic districts.

A. Some properties listed in on the Virginia Landmarks Register, primarily historic districts, are resources whose concentration or continuity possesses greater historical significance than many of their individual component buildings and structures. These usually are documented as a group rather than individually. Accordingly, this type of documentation is not conclusive for the purposes of this part. The applicant owner shall supplement this documentation using Part 1 of the Historic Preservation Certification Application, providing information on the significance of the specific property, as set forth in 17VAC10-30-30 C.

B. The Department of Historic Resources evaluates properties located within registered historic districts to determine if they contribute to the historic significance of the district by applying the following standards:

1. A property contributing to the historic significance of a district is one which that by location, design, setting, materials, workmanship, feeling, and association adds to the district's sense of time and place and historical development.

2. A property not contributing to the historic significance of a district is one that does not add to the district's sense of time and place and historical development;, or one where the location, design, setting, materials, workmanship, feeling and association have been so altered or have so deteriorated that the overall integrity of the building has been irretrievably lost.

3. Ordinarily buildings that have been built within the past 50 years shall not be considered to contribute to the significance of a district unless a strong justification concerning their historical or architectural merit is given or the historical attributes of the district are considered to be less than 50 years old.

C. Certifications of significance will be made on the appearance and condition of the property before the beginning of the rehabilitation work.

D. If a nonhistoric surface material obscures a building's facade, it may be necessary for the owner to remove all or a portion of the surface material before requesting certification so that a determination of significance can be made. After the material has been removed, if the obscured facade has retained substantial historic integrity and the property otherwise contributes to the significance of the historic district, it will be determined to be a certified historic structure.

17VAC10-30-50. Certifications of rehabilitation.

A. Applicants Owners requesting certification of rehabilitation projects shall comply with the procedures listed below described in this section. A fee, described in 17VAC10-30-80, is charged by the Department of Historic Resources for reviewing all proposed, ongoing, and completed rehabilitation work. No certification decisions shall be issued to any applicant owner until the appropriate remittance is received. Applicants Owners may request the department's review before, during, or after completion of a rehabilitation project. Applicants Owners are strongly encouraged to request the department's review before beginning a rehabilitation project. Though owners may begin work prior to review by the department, the department cannot guarantee in any way that such work will be certified for tax credits. Such work is undertaken at the risk of the owner.

1. To request review of a rehabilitation project, the project applicant owner shall submit Part 2 of the Historic Preservation Certification Application form, "Description of Rehabilitation," according to the instructions accompanying the application. Documentation, including photographs adequate to document the appearance of the structure, both on the interior and the exterior, and its site and environment before rehabilitation, shall accompany the application. Other documentation, including plans, specifications, and surveys, renderings, and sight-line studies, may be required to evaluate certain rehabilitation projects. In the event of any discrepancy between the application and other supplementary material submitted with it (such as architectural plans, drawings, and specifications), the application shall take precedence. Where If necessary documentation is not provided, and review and evaluation may are not be possible and, a denial of certification will be issued on the basis of lack of information. Because the circumstances of each rehabilitation project are unique, certifications that may have been granted to other rehabilitations are not specifically applicable and may not be relied on by applicants owners as applicable to other projects.

2. To request certification of a completed rehabilitation project, the applicant owner shall submit Part 3 of the Historic Preservation Certification Application, "Request for Certification of Completed Work," according to the instructions accompanying the application, and provide documentation that the completed project is consistent with the work described in Part 2. This documentation includes but is not limited to:

a. Name and mailing address or addresses of the owner or owners;

b. Name and address of the property;

c. Photographs Comprehensive photographs of the property showing the completed rehabilitation work, including exterior and interior features and spaces, sufficient to demonstrate that the completed work is consistent with the standards Standards for rehabilitation Rehabilitation;

d. Assessed value of the building in the year preceding the start of rehabilitation;

e. Final costs attributed to the rehabilitation work (see 17VAC10-30-110 for information on eligible expenses);

f. When rehabilitation expenses exceed $100,000, certification For a project with (i) rehabilitation expenses of $250,000 or greater, a report of an audit of the rehabilitation expenses by a an independent certified public accountant or equivalent of the actual costs attributed to the rehabilitation of the historic structure in accordance with the department's Rehabilitation Tax Credit Program Certification Requirements, dated January 2015; and or (ii) less than $250,000 in rehabilitation expenses, an agreed-upon procedures engagement report of the rehabilitation expenses by an independent certified public accountant in accordance with the department's Rehabilitation Tax Credit Program Certification Requirements, dated January 2015;

g. Signature of the applicant owner. By signing the application, the owner declares that the information stated is correct to the best of the owner's knowledge. Submission of false records or falsification of anything in communications with the department is grounds for denial of the certification of completed work and is punishable under Virginia law or federal law. The department shall submit any relevant information in its possession to the appropriate law-enforcement officials or governmental agencies as necessary; and

h. At the department's request, any additional information relevant to determining whether a project meets the requirements of the program. This includes the department's right to inspect the property upon reasonable notice.

B. Each rehabilitation project shall be done according to a plan of rehabilitation. Although the department has not set any formal requirements for a plan of rehabilitation, every plan shall include, at a minimum, the name of the owner of the property, the location of the property, and a description of the proposed, ongoing, or completed rehabilitation project. A plan of rehabilitation must provide the department with sufficient information to determine whether the rehabilitation qualifies for certification. The burden is on the applicant owner to supply sufficient information for the department to make a determination.

C. A rehabilitation project for certification purposes encompasses all work on the interior and exterior of the certified historic structure or structures and its site and environment, as well as related demolition, new construction or rehabilitation work that may affect the historic qualities, integrity, site, landscape features, and environment of the property.

1. All elements of the rehabilitation project shall be consistent with the standards Standards for rehabilitation Rehabilitation, as set forth in 17VAC10-30-60. Portions of a project that are not in conformance with the standards may not be exempted, and the department may require remediation as a condition to receiving a certification of completed work. In general, an applicant owner undertaking a rehabilitation project will not be held responsible for prior rehabilitation work not part of the current project, as long as it was done in good faith (without intent to circumvent the requirements set forth in this chapter or otherwise defraud the Commonwealth) and at least five years prior to submitting an application. Such prior work will not be considered done in good faith if the owner has received historic rehabilitation tax credits under Virginia's program in the past five years. Owners will not be held responsible for work or rehabilitation work that was undertaken by previous owners, as long as the previous owner is not a related party.

2. Conformance to with the standards will be determined on the basis of the application documentation and other available information by evaluating, which may include physical inspection of the property by the department, evaluation of the property as it existed before the beginning of the rehabilitation project, and its condition at the completion of the rehabilitation.

3. If the legal boundaries of the property change after the owner submits the Part 1 of the Historic Preservation Certification Application, this information must be disclosed to the department in writing. The disclosure must describe the change in the property boundaries and the relationships, if any, between the owner of the property and the owners of adjacent properties. Situations involving a related party between the owner of the property for which rehabilitation tax credits are sought and an owner of adjacent property may require an expanded scope of review by the department.

D. The department, on receipt of the complete application describing the rehabilitation project, shall determine if the project is consistent with the standards Standards for rehabilitation Rehabilitation. If the project does not meet the standards, the department shall advise the applicant owner of that fact in writing. Where possible, the department will advise the project applicant owner of necessary revisions to meet the standards.

E. Once a proposed or ongoing project plan of rehabilitation has been approved certified, substantive changes in the work as described in the application shall be brought promptly to the attention of the department by written statement to ensure continued conformance to the standards Standards for Rehabilitation. The owner shall describe the change on the "Continuation/Amendment Sheet" of the Historic Preservation Certification Application and include relevant documentation for evaluation by the department. The department strongly recommends receiving certification of changes before commencing such work. Any work that does not conform to the plan of rehabilitation as certified by the department is at the owner's own risk, as changes that are not consistent with the standards may cause the entire project to be denied certification. After Part 3 of the application has been submitted, only essential corrections to the application may be made. The department may consider amendments to correct information within one year of the issuance of the certification of completed work, if justified.

F. An authorized representative of the department may inspect projects to determine if the work meets the standards Standards for rehabilitation Rehabilitation and is consistent with any information the owner supplied to the department, including whether the actual work completed is consistent with the costs reported. The department reserves the right to make inspections at any time up to three years after completion certification of the completed rehabilitation and to revoke a certification, after giving the applicant owner 30 days to comment on the matter, if it is determined that the rehabilitation project was not undertaken as represented in the application and supporting documentation. If the department discovers a material error of fact or misrepresentation in the information submitted for certification, the owner must address the issue within 60 calendar days of written notice by the department to avoid revocation of certification. The department may investigate any project where it reasonably suspects fraud or misrepresentation, regardless of the time that may have passed since certification of completed rehabilitation. The tax consequences of a revocation of certification will be determined by the Department of Taxation. However, certification shall not be revoked for changes that are determined to have been made following good-faith completion of the project.

17VAC10-30-60. Standards for rehabilitation Rehabilitation.

A. The standards Standards for rehabilitation Rehabilitation are the criteria used to determine if a rehabilitation project qualifies as a certified historic rehabilitation. The intent of the standards is to promote the long-term preservation of a property's significance through the preservation of historic materials and features. The standards pertain to historic buildings of all materials, construction types, sizes, and occupancy and encompass the exterior and the interior of historic buildings. The standards also encompass related landscape features and the building's site and environment, as well as attached, adjacent, or related new construction. To be certified, a rehabilitation project shall be determined by the Department of Historic Resources to be consistent with the historic character of the structure or structures and, where applicable, the district in which it is located.

B. The standards Standards for rehabilitation Rehabilitation shall be applied to specific rehabilitation projects in a reasonable manner, taking into consideration economic and technical feasibility.

1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.

6. Deteriorated architectural features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature should match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing architectural features must be substantiated by documentary, physical, or pictorial evidence.

7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

8. Significant archeological resources affected by a project shall be protected and preserved. If these resources must be disturbed, mitigation measures shall be undertaken.

9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

C. The quality of materials, craftsmanship, and related new construction in a rehabilitation project should be commensurate with the quality of materials, craftsmanship, and design of the historic structure in question. Certain treatments, if improperly applied, or certain materials by their physical properties, may cause or accelerate physical deterioration of historic buildings. Inappropriate rehabilitation measures include, but are not limited to: improper masonry repointing techniques;, improper exterior masonry cleaning methods;, improper introduction of insulation where damage to historic fabric would result;, and incompatible additions and new construction on historic properties. In almost all situations, these measures and treatments will result in denial of certification.

D. In certain limited cases, it may be necessary to dismantle and rebuild portions of a certified historic structure to stabilize and repair weakened structural members and systems. In these cases, the Department of Historic Resources will consider this extreme intervention as part of a certified historic rehabilitation if:

1. The necessity for dismantling is justified in supporting documentation;

2. Significant architectural features and overall design are retained; and

3. Adequate historic materials are retained to maintain the architectural and historic integrity of the overall structure.

E. The qualities of a property and its environment which that qualify it as a certified historic structure are determined taking into account all available information, including information derived from the physical and architectural attributes of the building; these determinations are not limited to information contained in the Virginia Landmarks Register nomination reports.

17VAC10-30-70. Appeals.

A. A project applicant owner may appeal any denial of certification. A request for an appeal shall be made in writing to the Director of the Department of Historic Resources, 2801 Kensington Avenue, Richmond, Virginia 23221, within 60 days of receipt of the decision that is the subject of the appeal. It is not necessary for the applicant owner to present arguments for overturning a decision within this 60-day period. The applicant owner may request an opportunity to meet with the director, but all information that the applicant owner wishes the director to consider shall be in writing. The director shall consider the record of the decision in question, any further written submissions by the applicant owner, and other available information, and may consult with experts or others as appropriate. The director shall provide the applicant owner a written decision as promptly as circumstances permit. The appeal process is an administrative review of decisions made by the department; it is not an adjudicative proceeding.

B. In considering appeals, the director may take into account new information not previously available or submitted; alleged errors in professional judgment; or alleged prejudicial procedural errors. The director's decision may:

1. Reverse the appealed decision;

2. Affirm the appealed decision; or

3. Resubmit the matter to the department program staff for further consideration.

C. The decision of the director shall be the final administrative decision on the appeal. No person shall be considered to have exhausted his administrative remedies with respect to the certifications or decisions described in this part until the director has issued a final administrative decision in response to this section.

17VAC10-30-80. Fees for processing rehabilitation certification requests.

A. Fees are charged for reviewing rehabilitation certification requests in accordance with the following schedule:

Rehabilitation Costs

Part 2 Review Fee

Part 3 Review Fee

Less than $50,000 $100,000

Fee waived $250

$100 $250

$50,000 $100,000 - $99,999 $249,999

$250 $500

$250 $500

$100,000 $250,000 - $499,999

$400 $1,000

$400 $1,000

$500,000 - $999,999

$750 $2,000

$750 $2,000

$1,000,000 - $1,999,999

$4,000

$4,000

$2,000,000 - $3,499,999

$5,000

$5,000

$3,500,000 - $4,999,999

$7,000

$7,000

$1 million or more $5,000,000 and above

$1,500 $8,000

$1,500 $8,000

B. The department generally completes reviews of certification requests within 30 days of receiving a complete, adequately documented application. Upon request, if the current workload at the department permits, the department will may review complete, fully documented applications within five business days. The director reserves the right to refuse requests for expedited review if the current workload at the department so warrants. Fees are charged for such expedited review in accordance with the following schedule:

Rehabilitation Costs

Expedited Review Fee

Less than $50,000 $100,000

$100 $500

$50,000 $100,000 - $99,999 $249,999

$250 $1,000

$100,000 $250,000 - $499,999

$400 $2,000

$500,000 - $999,999

$750 $4,000

$1,000,000 - $1,999,999

$8,000

$2,000,000 - $3,499,999

$10,000

$3,500,000 - $4,999,999

$14,000

$1 million or more $5,000,000 and above

$1,500 $16,000

C. Payment of fees for review of Parts 2 and 3 shall be made to the Department of Historic Resources when the applications are submitted. Certification decisions will not be issued until the appropriate remittances are received. This includes all additional fees required if the project expenses exceed the cost estimate stated in the Part 2. Payment of fees for expedited review shall be submitted with the request for expedited review, and review shall not commence until such fee is paid. Fees are nonrefundable, except in cases where the request for expedited review is refused.

D. In general, each rehabilitation of a separate certified historic structure will be considered a separate project for purposes of computing the size of the fee. Phased projects incur separate Part 3 fees for each phase.

17VAC10-30-90. Forms.

Applications To apply for certifications of buildings and rehabilitation projects are made with the, an owner shall complete and submit the Historic Preservation Certification Application, prepared by to the Department of Historic Resources. The forms are available from the department and on the department's website.

17VAC10-30-100. Definition of rehabilitation project.

A. A certified historic structure shall be treated as having been materially rehabilitated only if the eligible rehabilitation expenses (as defined in 17VAC10-30-110) incurred in a 24-month period selected by the taxpayer ending with or within the completion year shall equal or exceed 50% of the assessed value of the building for local real estate tax purposes, determined for the year before the start of rehabilitation, unless the building is an owner-occupied building, in which case the eligible rehabilitation expenses shall amount to at least 25% of the assessed value of the building for local real estate tax purposes for the year before the start of rehabilitation.

B. In the case of any rehabilitation that may reasonably be expected to be completed in phases set forth in a plan of rehabilitation submitted contemporaneously with the Description of Rehabilitation, subsection A of this section shall be applied by substituting "60-month period" for "24-month period." A rehabilitation may reasonably be expected to be completed in phases if it consists of two or more distinct stages of development. The department may review each phase as it is presented, but a phased project cannot be designated a certified rehabilitation until all of the phases are completed. The applicant owner may elect to claim the credit allowable for each completed phase of a phased project, upon receipt from the department of written approval certification of the work completed for each phase. Any such initial claims will be contingent upon final certification of the completed project.

C. In the case of properties containing more than one building for which tax credits are sought, the work at each building must constitute a material rehabilitation, according to subsection A of this section. The review fees will be charged according to the overall cost of the project. Buildings that are physically connected but that were not historically or functionally related, such as a duplex or rowhouse, shall qualify as separate certified historic structures, regardless of ownership, for the purposes of this program.

17VAC10-30-110. Eligible rehabilitation expenses.

A. Eligible rehabilitation expenses are those expenses incurred by a taxpayer in connection with a plan of rehabilitation on or after January 1, 1997 2003, in the material rehabilitation of a certified historic structure and added to the property's capital account.

B. Once the material rehabilitation test is met, the eligible rehabilitation expenses upon which a credit can be claimed include:

1. Expenses incurred prior to the start of the 24-month measuring period as defined in 17VAC10-30-100 A, provided that the expenses were incurred in connection with the rehabilitation process plan that resulted in the material rehabilitation of the building;

2. Within the measuring period as defined in 17VAC10-30-100 A; and

3. After the end of the measuring period as defined in 17VAC10-30-100 A but prior to the completion of the project.

C. Amounts are properly chargeable to the capital account if they are properly includable in computing the basis of real property under U.S. Department of the Treasury, Internal Revenue Code, Reg. § 26 CFR 1.46-3(c). Amounts treated as an expense and deducted in the year paid or incurred or amounts that are otherwise not added to the basis of real property do not qualify. Amounts incurred for historic preservation consultant fees, architectural and engineering fees, certain site fees, and other construction-related costs that are added to the basis of real property satisfy this requirement.

D. Certain expenses are not eligible rehabilitation expenses. These expenses are:

1. The cost of acquiring a building, any interest in a building (including a leasehold interest) or land. Interest incurred on a construction loan the proceeds of which are used for eligible rehabilitation expenditures (and which is added to the basis of the property) is not treated as a cost of acquisition.

2. Landscaping.

3. Site work, including the construction or repair of parking lots, sidewalks, curbing, walls, fencing, pools, patios, etc., except that the cost of certain site work that is part of, and integral to, the building's systems, such as plumbing, mechanical, and electrical, may qualify.

4. Any expense attributable to an enlargement of a building.

a. A building is enlarged to the extent that the total volume of the building is increased. An increase in floor space resulting from interior remodeling is not considered an enlargement.

b. If expenditures only partially qualify as eligible rehabilitation expenditures because some of the expenditures are attributable to the enlargement of the building, the expenditures must be apportioned between the original portion of the building and the enlargement. The expenditures must be specifically allocated between the original portion of the building and the enlargement to the extent possible. If it is not possible to make a specific allocation of the expenditures, the expenditures must be allocated to each portion on a reasonable basis. The determination of a reasonable basis for an allocation depends on factors such as the type of improvement and how the improvement relates functionally to the building.

Example: A historic rehabilitation project includes a new rear wing. A new air-conditioning system and a new roof are installed on the building. A reasonable basis for allocating the expenditures among the two portions generally would be the volume of the historic building (excluding the new wing), served by the air-conditioning system or the roof, relative to the volume of the new wing that is served by the air-conditioning system and the roof.

3. 5. Any expense attributable to the rehabilitation of a certified historic structure, or a building located in a registered historic district, which that is not a certified rehabilitation.

4. 6. Any expense incurred before January 1, 1997 2003.

5. 7. Any expense not incurred by a taxpayer, including expenses incurred by a local government or any agency thereof, or by any agency, unit, or instrumentality of the Commonwealth.

6. 8. Any rehabilitation expense financed, directly or indirectly, by an obligation of the Commonwealth of Virginia.

9. Any expense paid with insurance or indemnity payments received as a result of a property casualty loss of the property being rehabilitated.

10. Any expense related to personal property or nonessential equipment. Examples include, but are not limited to, removable cabinets, appliances, trade fixtures, and electronic and technology equipment that is not essential for the rehabilitation and basic function of the building, regardless of the specific use of the building.

11. All costs associated with syndication of the tax credits. This includes legal and other business fees related to syndication.

12. Deferred fees or unpaid costs for which there is no charge to a capital account with a corresponding recorded entry to a liability account and either proof of subsequent payment thereof or appropriate documentation evidencing the liability.

E. The taxpayer may take into account eligible rehabilitation expenses created in connection with the same plan of rehabilitation by any other entity with an interest in the building. Where eligible rehabilitation expenses are created with respect to a building by an entity other than the taxpayer and the taxpayer acquires the building or a portion of the building to which the expenses were allocable, the taxpayer acquiring such property will be treated as having incurred the eligible rehabilitation expenses actually created by the transferor, provided that no credit with respect to such qualified rehabilitation expenses is claimed by anyone other than the taxpayer acquiring the property and that the building has not been placed into service prior to the taxpayer's acquisition of the building.

F. A taxpayer who has incurred eligible rehabilitation expenses may elect to treat a tenant or tenants as having incurred these rehabilitation expenses, provided that the lease is for a term of at least five years. This election shall be made on the application for the certification of rehabilitation. For purposes of testing whether a rehabilitation is material, all eligible rehabilitation expenses will be counted. In the event the election is made to treat multiple tenants as having incurred rehabilitation expenses, the allocation of eligible rehabilitation expenses to these tenants shall be made in accordance with the relative square footage occupied by the tenants or the relative amounts of eligible rehabilitation expenses spent in connection with each tenant's space. Eligible rehabilitation expenses that are not readily allocable by specific space shall be allocated in a manner consistent with the allocation method chosen.

17VAC10-30-120. Qualification for credit.

Credits against tax shall be available for the material rehabilitation of a certified historic structure. Material rehabilitation means improvements or reconstruction consistent with the standards Standards for rehabilitation Rehabilitation, the cost of which amounts to at least 50% of the assessed value of the buildings for local real estate tax purposes for the year before the start of rehabilitation, unless the building is an owner-occupied building, in which case the cost shall amount to at least 25% of the assessed value of such building for local real estate tax purposes for the year before such rehabilitation expenses were incurred. An owner-occupied building is any building, at least 75% of which is used as a personal residence by the owner, or which is available for occupancy by the owner for at least 75% of the year. The assessed value of the building for local real estate tax purposes does not include any assessment for land. The determination of whether a rehabilitation has been material shall be made at the entity level, not at the partner or shareholder level.

Ex. Example 1. Certified historic structure has a 1996 2012 tax assessment of $20,000 for the land, $80,000 for the building; and a 1997 2013 assessment of $20,000 for the land, $70,000 for the building. Taxpayer submits a plan of rehabilitation on December 1, 1997 2013. Taxpayer applies for a building permit for work to be done in accordance with the plan of rehabilitation on December 15, 1997 2013. Taxpayer incurs eligible rehabilitation expenses in the amount of $37,500 pursuant to the plan of rehabilitation. Rehabilitation is completed in 1999 2015. Taxpayer is not entitled to a tax credit because taxpayer's eligible rehabilitation expenses ($37,500) do not exceed 50% of the assessed value of the building in the year prior to the start of rehabilitation ($40,000).

Ex. Example 2. Same facts as above, except taxpayer applies for the building permit on January 2, 1998 2014. Eligible rehabilitation expenses ($37,500) exceed 50% of the assessed value of the building in the year prior to the start of rehabilitation ($35,000). Therefore, taxpayer is entitled to a credit of 20% (for completion in 1999 2015) of $37,500.

17VAC10-30-130. Amount and timing of credit.

A. The amount of the credit shall be determined by multiplying the total amount of eligible rehabilitation expenses incurred in connection with the plan of rehabilitation by 25%. Eligible rehabilitation expenses may include expenses in connection with the rehabilitation that were incurred prior to the start of rehabilitation. Further, eligible rehabilitation expenses may include expenses incurred prior to completion of a formal plan of rehabilitation provided the expenses were incurred in connection with the rehabilitation that was completed.

B. Complete, adequately documented Historic Preservation Certification Application forms must be received by the department within one year after the final expense is incurred or the final certificate of occupancy (if appropriate) is issued completion date. Properties that do not meet the criteria for individual listing on the Virginia Landmarks Register must be located in registered historic districts by such date. Taxpayers are cautioned, however, that if Parts 1 and 2 of the Historic Preservation Certification Application forms are not submitted prior to beginning work on the rehabilitation, they proceed with the project at the risk that the building or the rehabilitation project will not be certified.

17VAC10-30-140. Entitlement to credit.

A. Effective for taxable years beginning on and after January 1, 1997, any individual, trust or estate, or corporation incurring eligible expenses in the rehabilitation of a certified historic structure shall be entitled to a credit against tax in the manner and amount set forth in these regulations. Credits granted to a partnership, electing small business corporation (S corporation), or limited liability company shall be passed through to the partners or shareholders, respectively. Credits granted to a partnership, electing small business corporation (S corporation), or limited liability company shall be allocated among partners or shareholders, respectively, either in proportion to their ownership interest in such entity or as the partners or shareholders mutually agree.

The members, partners or shareholders at the end of the taxable year in which there is an entitlement to credit shall be allocated the state rehabilitation tax credits for which a project is certified.

B. The Department of Historic Resources shall certify the amount of eligible rehabilitation expenses. The certification shall consist of a letter signed by an authorized representative of the department confirming that the rehabilitated property is a certified historic structure and that the rehabilitation is a certified historic rehabilitation, and shall specify the amount of eligible rehabilitation expenses, based on the Request for Certification of Completed Work form. The department's certification shall make reference to any partnership, S corporation, or limited liability company allocation document, as defined in subsection A of this section. A person with an interest in the property who materially rehabilitates a certified historic structure may apply for a certificate of material rehabilitation. Persons with an interest in the property include those individuals or entities that have a possessory interest in the property. The application for issuance certification of a certificate project shall set forth the name of the individual or entity that will utilize entitled to the credit on its tax return. The taxpayer shall attach the certificate letter of certification to the Virginia tax return on which the credit is claimed.

C. If the amount of the credit exceeds the taxpayer's tax liability for such taxable year, the amount that exceeds the tax liability may be carried over for credit against the income taxes of such taxpayer for the next ten 10 taxable years or until the full credit is used, whichever occurs first. For purposes of passthrough pass-through entities (e.g., general and limited partnerships, limited liability companies, S corporations) this paragraph shall be applied to the partners, members or shareholders, as applicable.

17VAC10-30-150. Transition rules for projects Projects begun before 1997 2003.

A. Rehabilitation expenses incurred before January 1, 1997 2003, do not qualify for a rehabilitation tax credit and will not be considered part of the rehabilitation project for which owner seeks tax credits.

B. Applicants whose rehabilitation projects commenced before 1997, but were not completed until after January 1, 1997, may apply for certification of their rehabilitation work, in accordance with the provisions of 17VAC10-30-20, 17VAC10-30-30, and 17VAC10-30-50. In these cases, the tax credit is calculated as the appropriate percentage of expenses incurred on or after January 1, 1997.

C. For projects begun before January 1, 1997, the material rehabilitation test shall be determined by the entire project, rather than by those parts of the work completed on or after January 1, 1997.

17VAC10-30-160. Coordination with the federal certified historic rehabilitation program.

A. Certifications of properties and rehabilitation projects by the National Park Service, U.S. Department of the Interior, under Federal Law 36 CFR Part 67, are not equivalent to certification of properties and rehabilitation projects by the Virginia Department of Historic Resources under § 58.1-339.2 of the Code of Virginia, except as provided in subsection B of this section. Taxpayers are cautioned that deadlines and requirements for certifications under these state regulations may differ from deadlines and requirements for certifications under the federal program.

B. Certifications of historic significance of properties (Part 1, Historic Preservation Certification Application) by the National Park Service, U.S. Department of the Interior, dated after January 1, 1995, shall be accepted as equivalent of certification of historic significance by the Virginia Department of Historic Resources under the provisions of 17VAC10-30-20.

C. Approval under one program does not necessarily mean the project will be approved by the other.

NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.

FORMS (17VAC10-30)

State Historic Rehabilitation Tax Credit Program Historic Preservation Certification Application Part 1 - Evaluation of Significance, DHR Form TC-1 (rev. 8/02).

State Historic Rehabilitation Tax Credit Program Historic Preservation Certification Application Part 2 - Description of Rehabilitation, DHR Form TC-2 (rev. 8/02).

State Historic Rehabilitation Tax Credit Program Historic Preservation Certification Application Part 3 - Request for Certification of Completed Work, DHR Form TC-3 (rev. 8/02).

State Historic Rehabilitation Tax Credit Program Historic Preservation Certification Application Billing Statement, DHR Form TC-4 (rev. 10/03).

Disclosure of Ownership - State Historic Rehabilitation Tax Credit Program Historic Preservation Certification Application, DHR Form TC-5 (rev. 8/02).

State Historic Rehabilitation Tax Credit Program Historic Preservation Certification Application Part 1 - Evaluation of Significance, DHR Form TC-1 (rev. 8/13)

State Historic Rehabilitation Tax Credit Program Historic Preservation Certification Application Part 2 - Description of Rehabilitation, DHR Form TC-2 (rev. 8/13)

State Historic Rehabilitation Tax Credit Program Historic Preservation Certification Application Part 3 - Request for Certification of Completed Work, DHR Form TC-3 (rev. 8/13)

Continuation/Amendment Sheet - Historic Preservation Certification Application, DHR Form TC-4 (rev. 1/15)

State Historic Rehabilitation Tax Credit Program Historic Preservation Certification Application Billing Statement, DHR Form TC-5 (rev. 1/15)

Disclosure of Ownership - State Historic Rehabilitation Tax Credit Program Historic Preservation Certification Application, DHR Form TC-6 (rev. 1/15)

DOCUMENTS INCORPORATED BY REFERENCE (17VAC10-30)

Rehabilitation Tax Credit Program Certification Requirements, Virginia Department of Historic Resources, January 2015

VA.R. Doc. No. R13-3494; Filed January 20, 2015, 1:04 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS
Proposed Regulation

Title of Regulation: 18VAC15-30. Virginia Lead-Based Paint Activities Regulations (amending 18VAC15-30-161).

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.

Public Hearing Information:

February 26, 2015 - 10 a.m. - Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 200, Richmond, Virginia 23233

Public Comment Deadline: April 10, 2015.

Agency Contact: Trisha Henshaw, Executive Director, Virginia Board for Asbestos, Lead, and Home Inspectors, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8595, FAX (866) 350-5354, or email alhi@dpor.virginia.gov.

Basis: Section 54.1-201 of the Code of Virginia authorizes the Virginia Board for Asbestos, Lead, and Home Inspectors to promulgate regulations in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) necessary to assure continued competency, prevent deceptive or misleading practices by practitioners, and effectively administer the regulatory system administered by the regulatory board.

Section 54.1-501 of the Code of Virginia authorizes the board to promulgate regulations for the licensure of lead professionals and firms, approval of accredited lead training programs, and approval of criteria for accredited lead training programs.

Purpose: The ability to competitively negotiate and procure contracts for the examination administration of the lead program is a critical component of the application process. The current examination cap of $75 has been in place since October 1, 1995, the original effective date of the regulations. Due in part to the small number of candidates for lead examinations (approximately 80 per year), the increased security requirements necessary to ensure examination content is not compromised, the ability to procure services that allow maximum offerings (geographic and multi-day availability), and overall changes in the economy, the costs associated with administering examinations have increased. The current examination cap inhibits the board's ability to competitively negotiate examination services because some vendors will not submit proposals due to the extensive limitation of the examination cap and recent proposal submittals indicate the current examination cap is unrealistic. Third-party vendors who develop and administer examinations cannot provide an effective, secure examination for $75. The Department of Professional and Occupational Regulation strictly adheres to the competitive negotiation process in the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia), and the department negotiates to ensure fees remain reasonable for candidates while ensuring all examination administration needs are met. Increasing the examination cap is essential to cover the current cost of the examination as well as to ensure receiving proposals from vendors in the future for these services.

The most recent examination services procurement process affirms the necessity to make this change based on the above factors as no proposals could comply with the current examination cap. There is a separate regulatory action in process to adjust the board's fees pursuant to § 54.1-113 of the Code of Virginia to ensure that revenues are sufficient but not excessive to cover its ongoing operating expenses. Without the proposed fee increases, the board will incur a deficit by the end of the 2012-2014 biennium and the department will not collect adequate revenue to pay for operations. The additional examination costs the board will need to absorb due to the limitation of the examination fee cap will further compound the board's financial position.

The purpose of the lead examination is to ensure minimum competency of those who perform lead abatement activities, which is critical to reducing the risk of lead exposure to the public, particularly children. In order to establish minimum competency of individuals and businesses performing abatement activities and protect the public health, safety, and welfare, a valid, comprehensive, psychometrically sound examination is essential.

Substance: The board proposes amending 18VAC15-30-161 C to increase the maximum cost of the examination to the candidate to reflect the $150 maximum amount of the current exam vendor contract. All future examination service contracts shall continue to be established through the competitive negotiation process pursuant to the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). Examination candidates will be required to pay for the actual cost of the examination, not to exceed the maximum of $150, which has been competitively negotiated and bargained for by the department and is subject to contracted charges.

Issues: The advantage of this action to the board's regulants, that is, the public, is that there is less risk of a significant increase in application or renewal fees due to the board having to absorb the additional cost of each examination. Without raising the exam cap, the board would be forced to increase applications and other licensing fees in order to ensure that its revenue is sufficient to cover its expenses in accordance with the Callahan Act (§ 54.1-113 of the Code of Virginia), which must ultimately be paid by the board's regulants. There are no disadvantages to the public or the agency.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The proposed change will allow the Board for Asbestos, Lead and Home Inspectors (the Board) to charge more than $75 to a candidate taking the lead licensure examination.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. Current regulation contains a $75 exam fee cap that prevents the Board from passing on the actual cost of the lead licensure test to candidates taking the exam. According to the Department of Professional Occupational Regulation (DPOR), this cap has been in place since 1995 and is no longer reflective of the actual costs of the test. In 2013, DPOR was unable to procure a third party vendor to administer the test for $75 or less. In fact, DPOR contracted with a vendor after a competitive negotiation process in accordance with the Virginia Public Procurement Act for $150 per test. Since the Board cannot collect more than $75 from candidates, the Board has been paying for the remaining $75 from its own budget. Without the proposed removal of the cap, the Board will continue to incur deficits from administering its licensure examinations. In the first three months of 2014, the Board administered 15 lead examinations. For these examinations, the Board paid $2,250 to the vendor but collected only $1,125 from candidates, resulting in a deficit of $1,125 from this activity.

The Board proposes to remove the current $75 exam fee cap so as to be able to adjust the exam fee in accordance with the competitively negotiated contract. The proposed language would allow the Board, for example, to charge $150 to a candidate currently taking the exam.

The proposed change is expected to help the Board collect the revenues it needs to support the administration of its exam while imposing additional costs on individuals taking the exam. In addition, since this change will allow the Board to pass on the true exam costs to candidates who are taking the exam as opposed to using its revenues from elsewhere to finance this particular activity, an improvement in the allocative efficiency of the Board's resources may be expected. For example, an exam fee less than the actual cost is likely to result in more candidates taking the exam than the optimal number of candidates. Conversely, if the Board is using, let's say, renewal fees to finance its deficiency from the initial licensure exam, fewer than the optimal number of renewal applications would be expected. In short, the proposed change would allow the Board to charge fees for services commensurate with their true costs and achieve a more efficient allocation of the Board's resources.

Businesses and Entities Affected. The proposed change will primarily affect the Board and candidates taking the lead licensure exam. Approximately, 80 individuals take the test per year.

Localities Particularly Affected. The regulation is not expected to affect any locality more than others.

Projected Impact on Employment. While the proposed change will moderately increase costs associated with becoming a lead professional, it is unlikely to significantly affect employment.

Effects on the Use and Value of Private Property. While the proposed change will moderately increase costs associated with becoming a lead professional and have a negative impact on their profitability and asset values, it is unlikely to be significant. Conversely, increased revenues from initial exam candidates would reduce the need to finance the exam cost from other regulants and may have a small positive impact on them.

Small Businesses: Costs and Other Effects. Most of the candidates taking the lead exam are expected to be affiliated with small businesses. The cost and other affects on small businesses are the same as discussed above.

Small Businesses: Alternative Method that Minimizes Adverse Impact. There is no known alternative that minimizes the small adverse impact expected.

Real Estate Development Costs. Since the proposed change will moderately increase costs associated with becoming a lead professional, there may be a very small increase in cost of renovating a building with lead paint.

Legal Mandate.

General: The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order Number 14 (2010). Section 2.2-4007.04 requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the report should include but not be limited to:

• the projected number of businesses or other entities to whom the proposed regulation would apply,

• the identity of any localities and types of businesses or other entities particularly affected,

• the projected number of persons and employment positions to be affected,

• the projected costs to affected businesses or entities to implement or comply with the regulation, and

• the impact on the use and value of private property.

Small Businesses: If the proposed regulation will have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include:

• an identification and estimate of the number of small businesses subject to the proposed regulation,

• the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents,

• a statement of the probable effect of the proposed regulation on affected small businesses, and

• a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation.

Additionally, pursuant to § 2.2-4007.1, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules (JCAR) is notified at the time the proposed regulation is submitted to the Virginia Register of Regulations for publication. This analysis shall represent DPB's best estimate for the purposes of public review and comment on the proposed regulation.

Agency's Response to Economic Impact Analysis: The board concurs with the approval.

Summary:

The proposed amendment increases the maximum fee that can be charged for taking the lead licensure examination from $75 to $150.

Part IV
Fees

18VAC15-30-161. General fee requirements.

A. All fees are nonrefundable and shall not be prorated. The date on which the fee is received by the department or its agent will determine whether the fee is on time. Checks or money orders shall be made payable to the Treasurer of Virginia.

B. Fees for approval and renewal of an accredited lead training program and an accredited lead refresher training program shall not be imposed on any state, local government, or nonprofit training program.

C. The examination fee shall consist of the administration expenses of the board ensuing from the board's examination procedures and contract charges. Examination service contracts shall be established through competitive negotiations in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). The examination shall not exceed a cost of $75 $150 to the candidate.

VA.R. Doc. No. R14-3849; Filed January 7, 2015, 2:05 p.m.