TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final Regulation
REGISTRAR'S NOTICE: The State Water Control
Board is claiming an exemption from the Administrative Process Act in
accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes
regulations that are necessary to conform to changes in Virginia statutory law
where no agency discretion is involved. The State Water Control Board will
receive, consider, and respond to petitions from any interested person at any
time with respect to reconsideration or revision.
Title of Regulation: 9VAC25-31. Virginia Pollutant Discharge Elimination System (VPDES)
Permit Regulation (amending 9VAC25-31-100, 9VAC25-31-290).
Statutory Authority: § 62.1-44.15 of the Code of
Virginia.
Effective Date: September 30, 2009.
Agency Contact: William K. Norris,
Department of Environmental Quality, 629 East Main Street, P.O. Box 1105,
Richmond, VA 23218, telephone (804) 698-4022, FAX (804) 698-4347, or email
william.norris@deq.virginia.gov.
Summary:
This action implements the
legislative changes to the State Water Control Law as a result of Chapter 42 of
the 2009 Acts of Assembly. These changes clarify public notice requirements for
permit applications for land application acreage increases of 50% or more and
clarify when a permit for land application is issued in relation to the public
meeting and public comment opportunity on the application. The resulting
regulatory changes provide that an application for any permit amendments to
increase the acreage authorized by the initial permit by 50% or more shall be
treated as a new application for purposes of public notice and public hearings
and provide that the board shall not issue the permit for land disposal until
the public meeting has been held and comment has been received from the local
governing body, or until 30 days have lapsed from the date of the public
meeting.
Part II
Permit Applications and Special VPDES Permit Programs
9VAC25-31-100. Application
for a permit.
A. Duty to apply. Any person
who discharges or proposes to discharge pollutants or who owns or operates a
sludge-only facility whose sewage sludge use or disposal practice is regulated
by 9VAC25-31-420 through 9VAC25-31-720 and who does not have an effective
permit, except persons covered by general permits, excluded from the
requirement for a permit by this chapter, or a user of a privately owned
treatment works unless the board requires otherwise, shall submit a complete
application to the department in accordance with this section. All concentrated
animal feeding operations have a duty to seek coverage under a VPDES permit.
B. Who applies. When a
facility or activity is owned by one person but is operated by another person,
it is the operator's duty to obtain a permit.
C. Time to apply.
1. Any person proposing a new discharge,
shall submit an application at least 180 days before the date on which the
discharge is to commence, unless permission for a later date has been granted
by the board. Facilities proposing a new discharge of storm water associated
with industrial activity shall submit an application 180 days before that
facility commences industrial activity which may result in a discharge of storm
water associated with that industrial activity. Different submittal dates may
be required under the terms of applicable general permits. Persons proposing a
new discharge are encouraged to submit their applications well in advance of
the 90 or 180 day requirements to avoid delay. New discharges composed entirely
of storm water, other than those dischargers identified in 9VAC25-31-120 A 1,
shall apply for and obtain a permit according to the application requirements
in 9VAC25-31-120 B.
2. All TWTDS whose sewage sludge use or disposal
practices are regulated by 9VAC25-31-420 through 9VAC25-31-720 must submit
permit applications according to the applicable schedule in subdivision 2 a or
b of this subsection.
a. A TWTDS with a currently effective VPDES
permit must submit a permit application at the time of its next VPDES permit
renewal application. Such information must be submitted in accordance with
subsection D of this section.
b. Any other TWTDS not addressed under
subdivision 2 a of this subsection must submit the information listed in
subdivisions 2 b (1) through (5) of this subsection to the department within
one year after publication of a standard applicable to its sewage sludge use or
disposal practice(s), using a form provided by the department. The board will
determine when such TWTDS must submit a full permit application.
(1) The TWTDS's name, mailing address,
location, and status as federal, state, private, public or other entity;
(2) The applicant's name, address, telephone
number, and ownership status;
(3) A description of the sewage sludge use or
disposal practices. Unless the sewage sludge meets the requirements of
subdivision P 8 d of this section, the description must include the name and
address of any facility where sewage sludge is sent for treatment or disposal
and the location of any land application sites;
(4) Annual amount of sewage sludge generated,
treated, used or disposed (estimated dry weight basis); and
(5) The most recent data the TWTDS may have
on the quality of the sewage sludge.
c. Notwithstanding subdivision 2 a or b of
this subsection, the board may require permit applications from any TWTDS at
any time if the board determines that a permit is necessary to protect public
health and the environment from any potential adverse effects that may occur
from toxic pollutants in sewage sludge.
d. Any TWTDS that commences operations after
promulgation of an applicable standard for sewage sludge use or disposal shall
submit an application to the department at least 180 days prior to the date
proposed for commencing operations.
D. Duty to reapply. All
permittees with a currently effective permit shall submit a new application at
least 180 days before the expiration date of the existing permit, unless
permission for a later date has been granted by the board. The board shall not
grant permission for applications to be submitted later than the expiration
date of the existing permit.
E. Completeness.
1. The board shall not issue a permit before
receiving a complete application for a permit except for VPDES general permits.
An application for a permit is complete when the board receives an application
form and any supplemental information which are completed to its satisfaction.
The completeness of any application for a permit shall be judged independently
of the status of any other permit application or permit for the same facility
or activity.
2. No application for a VPDES permit to
discharge sewage into or adjacent to state waters from a privately owned
treatment works serving, or designed to serve, 50 or more residences shall be
considered complete unless the applicant has provided the department with
notification from the State Corporation Commission that the applicant is
incorporated in the Commonwealth and is in compliance with all regulations and
relevant orders of the State Corporation Commission.
3. No application for a new individual VPDES
permit authorizing a new discharge of sewage, industrial wastes, or other
wastes shall be considered complete unless it contains notification from the
county, city, or town in which the discharge is to take place that the location
and operation of the discharging facility are consistent with applicable
ordinances adopted pursuant to Chapter 22 (§ 15.2-2200 et seq.) of Title
15.2 of the Code of Virginia. The county, city or town shall inform in writing
the applicant and the board of the discharging facility's compliance or
noncompliance not more than 30 days from receipt by the chief administrative
officer, or his agent, of a request from the applicant. Should the county, city
or town fail to provide such written notification within 30 days, the
requirement for such notification is waived. The provisions of this subsection
shall not apply to any discharge for which a valid VPDES permit had been issued
prior to March 10, 2000.
4. A permit application shall not be
considered complete if the board has waived application requirements under
subsection J or P of this section and the EPA has disapproved the waiver
application. If a waiver request has been submitted to the EPA more than 210
days prior to permit expiration and the EPA has not disapproved the waiver
application 181 days prior to permit expiration, the permit application lacking
the information subject to the waiver application shall be considered complete.
5. In accordance with § 62.1-44.19:3 A of the
Code of Virginia, no application for a permit or variance to authorize the
storage of sewage sludge shall be complete unless it contains certification
from the governing body of the locality in which the sewage sludge is to be
stored that the storage site is consistent with all applicable ordinances. The
governing body shall confirm or deny consistency within 30 days of receiving a
request for certification. If the governing body does not so respond, the site
shall be deemed consistent.
F. Information requirements.
All applicants for VPDES permits, other than POTWs and other TWTDS, shall
provide the following information to the department, using the application form
provided by the department (additional information required of applicants is
set forth in subsections G through K of this section).
1. The activities conducted by the applicant
which require it to obtain a VPDES permit;
2. Name, mailing address, and location of the
facility for which the application is submitted;
3. Up to four SIC codes which best reflect
the principal products or services provided by the facility;
4. The operator's name, address, telephone
number, ownership status, and status as federal, state, private, public, or
other entity;
5. Whether the facility is located on Indian
lands;
6. A listing of all permits or construction
approvals received or applied for under any of the following programs:
a. Hazardous Waste Management program under
RCRA (42 USC § 6921);
b. UIC program under SDWA (42 USC § 300h);
c. VPDES program under the CWA and the law;
d. Prevention of Significant Deterioration
(PSD) program under the Clean Air Act (42 USC § 4701 et seq.);
e. Nonattainment program under the Clean Air
Act (42 USC § 4701 et seq.);
f. National Emission Standards for Hazardous
Pollutants (NESHAPS) preconstruction approval under the Clean Air Act (42 USC §
4701 et seq.);
g. Ocean dumping permits under the Marine
Protection Research and Sanctuaries Act (33 USC § 14 et seq.);
h. Dredge or fill permits under § 404 of the
CWA; and
i. Other relevant environmental permits,
including state permits.
7. A topographic map (or other map if a
topographic map is unavailable) extending one mile beyond the property
boundaries of the source, depicting the facility and each of its intake and
discharge structures; each of its hazardous waste treatment, storage, or
disposal facilities; each well where fluids from the facility are injected
underground; and those wells, springs, other surface water bodies, and drinking
water wells listed in public records or otherwise known to the applicant in the
map area; and
8. A brief description of the nature of the
business.
G. Application requirements
for existing manufacturing, commercial, mining, and silvicultural dischargers.
Existing manufacturing, commercial mining, and silvicultural dischargers
applying for VPDES permits, except for those facilities subject to the
requirements of 9VAC25-31-100 H, shall provide the following information to the
department, using application forms provided by the department.
1. The latitude and longitude of each outfall
to the nearest 15 seconds and the name of the receiving water.
2. A line drawing of the water flow through
the facility with a water balance, showing operations contributing wastewater
to the effluent and treatment units. Similar processes, operations, or
production areas may be indicated as a single unit, labeled to correspond to
the more detailed identification under subdivision 3 of this subsection. The
water balance must show approximate average flows at intake and discharge
points and between units, including treatment units. If a water balance cannot
be determined (for example, for certain mining activities), the applicant may
provide instead a pictorial description of the nature and amount of any sources
of water and any collection and treatment measures.
3. A narrative identification of each type of
process, operation, or production area which contributes wastewater to the
effluent for each outfall, including process wastewater, cooling water, and
storm water run-off; the average flow which each process contributes; and a
description of the treatment the wastewater receives, including the ultimate
disposal of any solid or fluid wastes other than by discharge. Processes,
operations, or production areas may be described in general terms (for example,
dye-making reactor, distillation tower). For a privately owned treatment works,
this information shall include the identity of each user of the treatment
works. The average flow of point sources composed of storm water may be
estimated. The basis for the rainfall event and the method of estimation must
be indicated.
4. If any of the discharges described in
subdivision 3 of this subsection are intermittent or seasonal, a description of
the frequency, duration and flow rate of each discharge occurrence (except for
storm water run-off, spillage or leaks).
5. If an effluent guideline promulgated under
§ 304 of the CWA applies to the applicant and is expressed in terms of production
(or other measure of operation), a reasonable measure of the applicant's actual
production reported in the units used in the applicable effluent guideline. The
reported measure must reflect the actual production of the facility.
6. If the applicant is subject to any present
requirements or compliance schedules for construction, upgrading or operation
of waste treatment equipment, an identification of the abatement requirement, a
description of the abatement project, and a listing of the required and projected
final compliance dates.
7. a. Information on the discharge of
pollutants specified in this subdivision (except information on storm water
discharges which is to be provided as specified in 9VAC25-31-120). When
quantitative data for a pollutant are required, the applicant must collect a
sample of effluent and analyze it for the pollutant in accordance with
analytical methods approved under 40 CFR Part 136 (2005). When no analytical
method is approved the applicant may use any suitable method but must provide a
description of the method. When an applicant has two or more outfalls with
substantially identical effluents, the board may allow the applicant to test
only one outfall and report that the quantitative data also apply to the
substantially identical outfalls. The requirements in e and f of this
subdivision that an applicant must provide quantitative data for certain
pollutants known or believed to be present do not apply to pollutants present
in a discharge solely as the result of their presence in intake water; however,
an applicant must report such pollutants as present. Grab samples must be used
for pH, temperature, cyanide, total phenols, residual chlorine, oil and grease,
fecal coliform, and fecal streptococcus. For all other pollutants, 24-hour
composite samples must be used. However, a minimum of one grab sample may be
taken for effluents from holding ponds or other impoundments with a retention
period greater than 24 hours. In addition, for discharges other than storm
water discharges, the board may waive composite sampling for any outfall for
which the applicant demonstrates that the use of an automatic sampler is
infeasible and that the minimum of four grab samples will be a representative
sample of the effluent being discharged.
b. For storm water discharges, all samples
shall be collected from the discharge resulting from a storm event that is
greater than 0.1 inch and at least 72 hours from the previously measurable
(greater than 0.1 inch rainfall) storm event. Where feasible, the variance in
the duration of the event and the total rainfall of the event should not exceed
50% from the average or median rainfall event in that area. For all applicants,
a flow-weighted composite shall be taken for either the entire discharge or for
the first three hours of the discharge. The flow-weighted composite sample for
a storm water discharge may be taken with a continuous sampler or as a
combination of a minimum of three sample aliquots taken in each hour of
discharge for the entire discharge or for the first three hours of the
discharge, with each aliquot being separated by a minimum period of 15 minutes
(applicants submitting permit applications for storm water discharges under
9VAC25-31-120 C may collect flow-weighted composite samples using different
protocols with respect to the time duration between the collection of sample
aliquots, subject to the approval of the board). However, a minimum of one grab
sample may be taken for storm water discharges from holding ponds or other
impoundments with a retention period greater than 24 hours. For a flow-weighted
composite sample, only one analysis of the composite of aliquots is required.
For storm water discharge samples taken from discharges associated with
industrial activities, quantitative data must be reported for the grab sample
taken during the first 30 minutes (or as soon thereafter as practicable) of the
discharge for all pollutants specified in 9VAC25-31-120 B 1. For all storm
water permit applicants taking flow-weighted composites, quantitative data must
be reported for all pollutants specified in 9VAC25-31-120 except pH,
temperature, cyanide, total phenols, residual chlorine, oil and grease, fecal
coliform, and fecal streptococcus. The board may allow or establish appropriate
site-specific sampling procedures or requirements, including sampling
locations, the season in which the sampling takes place, the minimum duration
between the previous measurable storm event and the storm event sampled, the
minimum or maximum level of precipitation required for an appropriate storm
event, the form of precipitation sampled (snow melt or rain fall), protocols
for collecting samples under 40 CFR Part 136 (2005), and additional time for
submitting data on a case-by-case basis. An applicant is expected to know or
have reason to believe that a pollutant is present in an effluent based on an
evaluation of the expected use, production, or storage of the pollutant, or on
any previous analyses for the pollutant. (For example, any pesticide
manufactured by a facility may be expected to be present in contaminated storm
water run-off from the facility.)
c. Every applicant must report quantitative
data for every outfall for the following pollutants:
Biochemical oxygen demand (BOD5)
Chemical oxygen demand
Total organic carbon
Total suspended solids
Ammonia (as N)
Temperature (both winter and summer)
pH
d. The board may waive the reporting
requirements for individual point sources or for a particular industry category
for one or more of the pollutants listed in subdivision 7 c of this subsection
if the applicant has demonstrated that such a waiver is appropriate because
information adequate to support issuance of a permit can be obtained with less
stringent requirements.
e. Each applicant with processes in one or more
primary industry category (see 40 CFR Part 122 Appendix A (2005)) contributing
to a discharge must report quantitative data for the following pollutants in
each outfall containing process wastewater:
(1) The organic toxic pollutants in the
fractions designated in Table I of 40 CFR Part 122 Appendix D (2005) for the
applicant's industrial category or categories unless the applicant qualifies as
a small business under subdivision 8 of this subsection. Table II of 40 CFR
Part 122 Appendix D (2005) lists the organic toxic pollutants in each fraction.
The fractions result from the sample preparation required by the analytical
procedure which uses gas chromatography/mass spectrometry. A determination that
an applicant falls within a particular industrial category for the purposes of
selecting fractions for testing is not conclusive as to the applicant's
inclusion in that category for any other purposes; and
(2) The pollutants listed in Table III of 40
CFR Part 122 Appendix D (2005) (the toxic metals, cyanide, and total phenols).
f. (1) Each applicant must indicate whether
it knows or has reason to believe that any of the pollutants in Table IV of 40
CFR Part 122 Appendix D (2005) (certain conventional and nonconventional
pollutants) is discharged from each outfall. If an applicable effluent
limitations guideline either directly limits the pollutant or, by its express
terms, indirectly limits the pollutant through limitations on an indicator, the
applicant must report quantitative data. For every pollutant discharged which
is not so limited in an effluent limitations guideline, the applicant must
either report quantitative data or briefly describe the reasons the pollutant
is expected to be discharged.
(2) Each applicant must indicate whether it
knows or has reason to believe that any of the pollutants listed in Table II or
Table III of 40 CFR Part 122 Appendix D (2005) (the toxic pollutants and total
phenols) for which quantitative data are not otherwise required under
subdivision 7 e of this subsection, is discharged from each outfall. For every
pollutant expected to be discharged in concentrations of 10 ppb or greater the
applicant must report quantitative data. For acrolein, acrylonitrile, 2,4
dinitrophenol, and 2-methyl-4,6 dinitrophenol, where any of these four
pollutants are expected to be discharged in concentrations of 100 ppb or
greater the applicant must report quantitative data. For every pollutant
expected to be discharged in concentrations less than 10 ppb, or in the case of
acrolein, acrylonitrile, 2,4 dinitrophenol, and 2-methyl-4,6 dinitrophenol, in
concentrations less than 100 ppb, the applicant must either submit quantitative
data or briefly describe the reasons the pollutant is expected to be
discharged. An applicant qualifying as a small business under subdivision 8 of
this subsection is not required to analyze for pollutants listed in Table II of
40 CFR Part 122 Appendix D (2005) (the organic toxic pollutants).
g. Each applicant must indicate whether it
knows or has reason to believe that any of the pollutants in Table V of 40 CFR
Part 122 Appendix D (2005) (certain hazardous substances and asbestos) are
discharged from each outfall. For every pollutant expected to be discharged,
the applicant must briefly describe the reasons the pollutant is expected to be
discharged, and report any quantitative data it has for any pollutant.
h. Each applicant must report qualitative
data, generated using a screening procedure not calibrated with analytical
standards, for 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) if it:
(1) Uses or manufactures
2,4,5-trichlorophenoxy acetic acid (2,4,5,-T); 2-(2,4,5-trichlorophenoxy)
propanoic acid (Silvex, 2,4,5,-TP); 2-(2,4,5-trichlorophenoxy) ethyl,
2,2-dichloropropionate (Erbon); O,O-dimethyl O-(2,4,5-trichlorophenyl) phosphorothioate
(Ronnel); 2,4,5-trichlorophenol (TCP); or hexachlorophene (HCP); or
(2) Knows or has reason to believe that TCDD
is or may be present in an effluent.
8. An applicant which qualifies as a small
business under one of the following criteria is exempt from the requirements in
subdivision 7 e (1) or 7 f (1) of this subsection to submit quantitative data
for the pollutants listed in Table II of 40 CFR Part 122 Appendix D (2005) (the
organic toxic pollutants):
a. For coal mines, a probable total annual
production of less than 100,000 tons per year; or
b. For all other applicants, gross total
annual sales averaging less than $100,000 per year (in second quarter 1980
dollars).
9. A listing of any toxic pollutant which the
applicant currently uses or manufactures as an intermediate or final product or
by-product. The board may waive or modify this requirement for any applicant if
the applicant demonstrates that it would be unduly burdensome to identify each
toxic pollutant and the board has adequate information to issue the permit.
10. Reserved.
11. An identification of any biological
toxicity tests which the applicant knows or has reason to believe have been
made within the last three years on any of the applicant's discharges or on a
receiving water in relation to a discharge.
12. If a contract laboratory or consulting
firm performed any of the analyses required by subdivision 7 of this
subsection, the identity of each laboratory or firm and the analyses performed.
13. In addition to the information reported
on the application form, applicants shall provide to the board, at its request,
such other information, including pertinent plans, specifications, maps and
such other relevant information as may be required, in scope and details
satisfactory to the board, as the board may reasonably require to assess the
discharges of the facility and to determine whether to issue a VPDES permit.
The additional information may include additional quantitative data and
bioassays to assess the relative toxicity of discharges to aquatic life and
requirements to determine the cause of the toxicity.
H. Application requirements
for manufacturing, commercial, mining and silvicultural facilities which
discharge only nonprocess wastewater. Except for storm water discharges, all
manufacturing, commercial, mining and silvicultural dischargers applying for
VPDES permits which discharge only nonprocess wastewater not regulated by an
effluent limitations guideline or new source performance standard shall provide
the following information to the department using application forms provided by
the department:
1. Outfall number, latitude and longitude to
the nearest 15 seconds, and the name of the receiving water;
2. Date of expected commencement of
discharge;
3. An identification of the general type of
waste discharged, or expected to be discharged upon commencement of operations,
including sanitary wastes, restaurant or cafeteria wastes, or noncontact
cooling water. An identification of cooling water additives (if any) that are
used or expected to be used upon commencement of operations, along with their
composition if existing composition is available;
4. a. Quantitative data for the pollutants or
parameters listed below, unless testing is waived by the board. The
quantitative data may be data collected over the past 365 days, if they remain
representative of current operations, and must include maximum daily value,
average daily value, and number of measurements taken. The applicant must
collect and analyze samples in accordance with 40 CFR Part 136 (2005). Grab
samples must be used for pH, temperature, oil and grease, total residual
chlorine, and fecal coliform. For all other pollutants, 24-hour composite
samples must be used. New dischargers must include estimates for the pollutants
or parameters listed below instead of actual sampling data, along with the
source of each estimate. All levels must be reported or estimated as
concentration and as total mass, except for flow, pH, and temperature.
(1) Biochemical oxygen demand (BOD5).
(2) Total suspended solids (TSS).
(3) Fecal coliform (if believed present or if
sanitary waste is or will be discharged).
(4) Total residual chlorine (if chlorine is
used).
(5) Oil and grease.
(6) Chemical oxygen demand (COD) (if
noncontact cooling water is or will be discharged).
(7) Total organic carbon (TOC) (if noncontact
cooling water is or will be discharged).
(8) Ammonia (as N).
(9) Discharge flow.
(10) pH.
(11) Temperature (winter and summer).
b. The board may waive the testing and reporting
requirements for any of the pollutants or flow listed in subdivision 4 a of
this subsection if the applicant submits a request for such a waiver before or
with his application which demonstrates that information adequate to support
issuance of a permit can be obtained through less stringent requirements.
c. If the applicant is a new discharger, he
must submit the information required in subdivision 4 a of this subsection by
providing quantitative data in accordance with that section no later than two
years after commencement of discharge. However, the applicant need not submit
testing results which he has already performed and reported under the discharge
monitoring requirements of his VPDES permit.
d. The requirements of subdivisions 4 a and 4
c of this subsection that an applicant must provide quantitative data or
estimates of certain pollutants do not apply to pollutants present in a
discharge solely as a result of their presence in intake water. However, an
applicant must report such pollutants as present. Net credit may be provided
for the presence of pollutants in intake water if the requirements of
9VAC25-31-230 G are met;
5. A description of the frequency of flow and
duration of any seasonal or intermittent discharge (except for storm water
run-off, leaks, or spills);
6. A brief description of any treatment
system used or to be used;
7. Any additional information the applicant
wishes to be considered, such as influent data for the purpose of obtaining net
credits pursuant to 9VAC25-31-230 G;
8. Signature of certifying official under
9VAC25-31-110; and
9. Pertinent plans, specifications, maps and
such other relevant information as may be required, in scope and details
satisfactory to the board.
I. Application requirements
for new and existing concentrated animal feeding operations and aquatic animal
production facilities. New and existing concentrated animal feeding operations
and concentrated aquatic animal production facilities shall provide the
following information to the department, using the application form provided by
the department:
1. For concentrated animal feeding
operations:
a. The name of the owner or operator;
b. The facility location and mailing address;
c. Latitude and longitude of the production
area (entrance to the production area);
d. A topographic map of the geographic area
in which the CAFO is located showing the specific location of the production
area, in lieu of the requirements of subdivision F 7 of this section;
e. Specific information about the number and type
of animals, whether in open confinement or housed under roof (beef cattle,
broilers, layers, swine weighing 55 pounds or more, swine weighing less than 55
pounds, mature dairy cows, dairy heifers, veal calves, sheep and lambs, horses,
ducks, turkeys, other);
f. The type of containment and storage
(anaerobic lagoon, roofed storage shed, storage ponds, underfloor pits, above
ground storage tanks, below ground storage tanks, concrete pad, impervious soil
pad, other) and total capacity for manure, litter, and process wastewater
storage (tons/gallons);
g. The total number of acres under control of
the applicant available for land application of manure, litter, or process
wastewater;
h. Estimated amounts of manure, litter, and
process wastewater generated per year (tons/gallons); and
i. For CAFOs that must seek coverage under a
permit after December 31, 2006, certification that a nutrient management plan
has been completed and will be implemented upon the date of coverage.
2. For concentrated aquatic animal production
facilities:
a. The maximum daily and average monthly flow
from each outfall;
b. The number of ponds, raceways, and similar
structures;
c. The name of the receiving water and the
source of intake water;
d. For each species of aquatic animals, the
total yearly and maximum harvestable weight;
e. The calendar month of maximum feeding and
the total mass of food fed during that month; and
f. Pertinent plans, specifications, maps and
such other relevant information as may be required, in scope and details
satisfactory to the board.
J. Application requirements
for new and existing POTWs and treatment works treating domestic sewage. Unless
otherwise indicated, all POTWs and other dischargers designated by the board
must provide to the department, at a minimum, the information in this
subsection using an application form provided by the department. Permit
applicants must submit all information available at the time of permit
application. The information may be provided by referencing information previously
submitted to the department. The board may waive any requirement of this
subsection if it has access to substantially identical information. The board
may also waive any requirement of this subsection that is not of material
concern for a specific permit, if approved by the regional administrator. The
waiver request to the regional administrator must include the board's
justification for the waiver. A regional administrator's disapproval of the
board's proposed waiver does not constitute final agency action but does
provide notice to the board and permit applicant(s) that the EPA may object to
any board-issued permit issued in the absence of the required information.
1. All applicants must provide the following
information:
a. Name, mailing address, and location of the
facility for which the application is submitted;
b. Name, mailing address, and telephone
number of the applicant and indication as to whether the applicant is the
facility's owner, operator, or both;
c. Identification of all environmental
permits or construction approvals received or applied for (including dates)
under any of the following programs:
(1) Hazardous Waste Management program under
the Resource Conservation and Recovery Act (RCRA), Subpart C;
(2) Underground Injection Control program
under the Safe Drinking Water Act (SDWA);
(3) NPDES program under the Clean Water Act
(CWA);
(4) Prevention of Significant Deterioration
(PSD) program under the Clean Air Act;
(5) Nonattainment program under the Clean Air
Act;
(6) National Emission Standards for Hazardous
Air Pollutants (NESHAPS) preconstruction approval under the Clean Air Act;
(7) Ocean dumping permits under the Marine
Protection Research and Sanctuaries Act;
(8) Dredge or fill permits under § 404 of the
CWA; and
(9) Other relevant environmental permits,
including state permits;
d. The name and population of each municipal
entity served by the facility, including unincorporated connector districts.
Indicate whether each municipal entity owns or maintains the collection system
and whether the collection system is separate sanitary or combined storm and
sanitary, if known;
e. Information concerning whether the
facility is located in Indian country and whether the facility discharges to a
receiving stream that flows through Indian country;
f. The facility's design flow rate (the
wastewater flow rate the plant was built to handle), annual average daily flow
rate, and maximum daily flow rate for each of the previous three years;
g. Identification of type(s) of collection
system(s) used by the treatment works (i.e., separate sanitary sewers or
combined storm and sanitary sewers) and an estimate of the percent of sewer
line that each type comprises; and
h. The following information for outfalls to
surface waters and other discharge or disposal methods:
(1) For effluent discharges to surface
waters, the total number and types of outfalls (e.g., treated effluent,
combined sewer overflows, bypasses, constructed emergency overflows);
(2) For wastewater discharged to surface impoundments:
(a) The location of each surface impoundment;
(b) The average daily volume discharged to
each surface impoundment; and
(c) Whether the discharge is continuous or
intermittent;
(3) For wastewater applied to the land:
(a) The location of each land application
site;
(b) The size of each land application site,
in acres;
(c) The average daily volume applied to each
land application site, in gallons per day; and
(d) Whether land application is continuous or
intermittent;
(4) For effluent sent to another facility for
treatment prior to discharge:
(a) The means by which the effluent is
transported;
(b) The name, mailing address, contact
person, and phone number of the organization transporting the discharge, if the
transport is provided by a party other than the applicant;
(c) The name, mailing address, contact
person, phone number, and VPDES permit number (if any) of the receiving
facility; and
(d) The average daily flow rate from this
facility into the receiving facility, in millions of gallons per day; and
(5) For wastewater disposed of in a manner
not included in subdivisions 1 h (1) through (4) of this subsection (e.g.,
underground percolation, underground injection):
(a) A description of the disposal method,
including the location and size of each disposal site, if applicable;
(b) The annual average daily volume disposed
of by this method, in gallons per day; and
(c) Whether disposal through this method is
continuous or intermittent;
2. All applicants with a design flow greater
than or equal to 0.1 mgd must provide the following information:
a. The current average daily volume of inflow
and infiltration, in gallons per day, and steps the facility is taking to
minimize inflow and infiltration;
b. A topographic map (or other map if a
topographic map is unavailable) extending at least one mile beyond property
boundaries of the treatment plant, including all unit processes, and showing:
(1) Treatment plant area and unit processes;
(2) The major pipes or other structures
through which wastewater enters the treatment plant and the pipes or other
structures through which treated wastewater is discharged from the treatment
plant. Include outfalls from bypass piping, if applicable;
(3) Each well where fluids from the treatment
plant are injected underground;
(4) Wells, springs, and other surface water
bodies listed in public records or otherwise known to the applicant within 1/4
mile of the treatment works' property boundaries;
(5) Sewage sludge management facilities
(including on-site treatment, storage, and disposal sites); and
(6) Location at which waste classified as
hazardous under RCRA enters the treatment plant by truck, rail, or dedicated
pipe;
c. Process flow diagram or schematic.
(1) A diagram showing the processes of the
treatment plant, including all bypass piping and all backup power sources or
redundancy in the system. This includes a water balance showing all treatment
units, including disinfection, and showing daily average flow rates at influent
and discharge points, and approximate daily flow rates between treatment units;
and
(2) A narrative description of the diagram;
and
d. The following information regarding
scheduled improvements:
(1) The outfall number of each outfall
affected;
(2) A narrative description of each required
improvement;
(3) Scheduled or actual dates of completion
for the following:
(a) Commencement of construction;
(b) Completion of construction;
(c) Commencement of discharge; and
(d) Attainment of operational level; and
(4) A description of permits and clearances
concerning other federal or state requirements;
3. Each applicant must provide the following
information for each outfall, including bypass points, through which effluent
is discharged, as applicable:
a. The following information about each
outfall:
(1) Outfall number;
(2) State, county, and city or town in which
outfall is located;
(3) Latitude and longitude, to the nearest
second;
(4) Distance from shore and depth below
surface;
(5) Average daily flow rate, in million gallons
per day;
(6) The following information for each
outfall with a seasonal or periodic discharge:
(a) Number of times per year the discharge
occurs;
(b) Duration of each discharge;
(c) Flow of each discharge; and
(d) Months in which discharge occurs; and
(7) Whether the outfall is equipped with a
diffuser and the type (e.g., high-rate) of diffuser used.
b. The following information, if known, for
each outfall through which effluent is discharged to surface waters:
(1) Name of receiving water;
(2) Name of watershed/river/stream system and
United States Soil Conservation Service 14-digit watershed code;
(3) Name of State Management/River Basin and
United States Geological Survey 8-digit hydrologic cataloging unit code; and
(4) Critical flow of receiving stream and
total hardness of receiving stream at critical low flow (if applicable).
c. The following information describing the
treatment provided for discharges from each outfall to surface waters:
(1) The highest level of treatment (e.g.,
primary, equivalent to secondary, secondary, advanced, other) that is provided
for the discharge for each outfall and:
(a) Design biochemical oxygen demand (BOD5
or CBOD5) removal (percent);
(b) Design suspended solids (SS) removal
(percent); and, where applicable;
(c) Design phosphorus (P) removal (percent);
(d) Design nitrogen (N) removal (percent);
and
(e) Any other removals that an advanced
treatment system is designed to achieve.
(2) A description of the type of disinfection
used, and whether the treatment plant dechlorinates (if disinfection is
accomplished through chlorination).
4. Effluent monitoring for specific
parameters.
a. As provided in subdivisions 4 b through j
of this subsection, all applicants must submit to the department effluent
monitoring information for samples taken from each outfall through which
effluent is discharged to surface waters, except for CSOs. The board may allow
applicants to submit sampling data for only one outfall on a case-by-case
basis, where the applicant has two or more outfalls with substantially
identical effluent. The board may also allow applicants to composite samples
from one or more outfalls that discharge into the same mixing zone.
b. All applicants must sample and analyze for
the following pollutants:
(1) Biochemical oxygen demand (BOD5
or CBOD5);
(2) Fecal coliform;
(3) Design flow rate;
(4) pH;
(5) Temperature; and
(6) Total suspended solids.
c. All applicants with a design flow greater
than or equal to 0.1 mgd must sample and analyze for the following pollutants:
(1) Ammonia (as N);
(2) Chlorine (total residual, TRC);
(3) Dissolved oxygen;
(4) Nitrate/Nitrite;
(5) Kjeldahl nitrogen;
(6) Oil and grease;
(7) Phosphorus; and
(8) Total dissolved solids.
Facilities that do not use chlorine for disinfection,
do not use chlorine elsewhere in the treatment process, and have no reasonable
potential to discharge chlorine in their effluent may delete chlorine.
d. All POTWs with a design flow rate equal to
or greater than one million gallons per day, all POTWs with approved
pretreatment programs or POTWs required to develop a pretreatment program, and
other POTWs, as required by the board must sample and analyze for the
pollutants listed in Table 2 of 40 CFR Part 122 Appendix J (2005), and for any
other pollutants for which the board or EPA have established water quality
standards applicable to the receiving waters.
e. The board may require sampling for
additional pollutants, as appropriate, on a case-by-case basis.
f. Applicants must provide data from a
minimum of three samples taken within 4-1/2 years prior to the date of the
permit application. Samples must be representative of the seasonal variation in
the discharge from each outfall. Existing data may be used, if available, in
lieu of sampling done solely for the purpose of this application. The board may
require additional samples, as appropriate, on a case-by-case basis.
g. All existing data for pollutants specified
in subdivisions 4 b through e of this subsection that is collected within 4-1/2
years of the application must be included in the pollutant data summary
submitted by the applicant. If, however, the applicant samples for a specific
pollutant on a monthly or more frequent basis, it is only necessary, for such
pollutant, to summarize all data collected within one year of the application.
h. Applicants must collect samples of
effluent and analyze such samples for pollutants in accordance with analytical
methods approved under 40 CFR Part 136 (2005) unless an alternative is
specified in the existing VPDES permit. Grab samples must be used for pH,
temperature, cyanide, total phenols, residual chlorine, oil and grease, and
fecal coliform. For all other pollutants, 24-hour composite samples must be
used. For a composite sample, only one analysis of the composite of aliquots is
required.
i. The effluent monitoring data provided must
include at least the following information for each parameter:
(1) Maximum daily discharge, expressed as
concentration or mass, based upon actual sample values;
(2) Average daily discharge for all samples,
expressed as concentration or mass, and the number of samples used to obtain
this value;
(3) The analytical method used; and
(4) The threshold level (i.e., method
detection limit, minimum level, or other designated method endpoints) for the
analytical method used.
j. Unless otherwise required by the board,
metals must be reported as total recoverable.
5. Effluent monitoring for whole effluent
toxicity.
a. All applicants must provide an
identification of any whole effluent toxicity tests conducted during the 4-1/2
years prior to the date of the application on any of the applicant's discharges
or on any receiving water near the discharge.
b. As provided in subdivisions 5 c through i
of this subsection, the following applicants must submit to the department the
results of valid whole effluent toxicity tests for acute or chronic toxicity
for samples taken from each outfall through which effluent is discharged to
surface waters, except for combined sewer overflows:
(1) All POTWs with design flow rates greater
than or equal to one million gallons per day;
(2) All POTWs with approved pretreatment
programs or POTWs required to develop a pretreatment program;
(3) Other POTWs, as required by the board,
based on consideration of the following factors:
(a) The variability of the pollutants or
pollutant parameters in the POTW effluent (based on chemical-specific
information, the type of treatment plant, and types of industrial
contributors);
(b) The ratio of effluent flow to receiving
stream flow;
(c) Existing controls on point or nonpoint
sources, including total maximum daily load calculations for the receiving
stream segment and the relative contribution of the POTW;
(d) Receiving stream characteristics,
including possible or known water quality impairment, and whether the POTW
discharges to a coastal water, or a water designated as an outstanding natural
resource water; or
(e) Other considerations (including, but not
limited to, the history of toxic impacts and compliance problems at the POTW)
that the board determines could cause or contribute to adverse water quality
impacts.
c. Where the POTW has two or more outfalls
with substantially identical effluent discharging to the same receiving stream
segment, the board may allow applicants to submit whole effluent toxicity data
for only one outfall on a case-by-case basis. The board may also allow
applicants to composite samples from one or more outfalls that discharge into
the same mixing zone.
d. Each applicant required to perform whole
effluent toxicity testing pursuant to subdivision 5 b of this subsection must
provide:
(1) Results of a minimum of four quarterly
tests for a year, from the year preceding the permit application; or
(2) Results from four tests performed at
least annually in the 4-1/2 year period prior to the application, provided the
results show no appreciable toxicity using a safety factor determined by the
board.
e. Applicants must conduct tests with
multiple species (no less than two species, e.g., fish, invertebrate, plant)
and test for acute or chronic toxicity, depending on the range of receiving
water dilution. The board recommends that applicants conduct acute or chronic
testing based on the following dilutions: (i) acute toxicity testing if the
dilution of the effluent is greater than 100:1 at the edge of the mixing zone
or (ii) chronic toxicity testing if the dilution of the effluent is less than
or equal to 100:1 at the edge of the mixing zone.
f. Each applicant required to perform whole
effluent toxicity testing pursuant to subdivision 5 b of this subsection must
provide the number of chronic or acute whole effluent toxicity tests that have
been conducted since the last permit reissuance.
g. Applicants must provide the results using
the form provided by the department, or test summaries if available and
comprehensive, for each whole effluent toxicity test conducted pursuant to
subdivision 5 b of this subsection for which such information has not been
reported previously to the department.
h. Whole effluent toxicity testing conducted
pursuant to subdivision 5 b of this subsection must be conducted using methods
approved under 40 CFR Part 136 (2005), as directed by the board.
i. For whole effluent toxicity data submitted
to the department within 4-1/2 years prior to the date of the application,
applicants must provide the dates on which the data were submitted and a
summary of the results.
j. Each POTW required to perform whole
effluent toxicity testing pursuant to subdivision 5 b of this subsection must
provide any information on the cause of toxicity and written details of any
toxicity reduction evaluation conducted, if any whole effluent toxicity test
conducted within the past 4-1/2 years revealed toxicity.
6. Applicants must submit the following
information about industrial discharges to the POTW:
a. Number of significant industrial users
(SIUs) and categorical industrial users (CIUs) discharging to the POTW; and
b. POTWs with one or more SIUs shall provide
the following information for each SIU, as defined in 9VAC25-31-10, that
discharges to the POTW:
(1) Name and mailing address;
(2) Description of all industrial processes
that affect or contribute to the SIU's discharge;
(3) Principal products and raw materials of
the SIU that affect or contribute to the SIU's discharge;
(4) Average daily volume of wastewater
discharged, indicating the amount attributable to process flow and nonprocess
flow;
(5) Whether the SIU is subject to local
limits;
(6) Whether the SIU is subject to categorical
standards and, if so, under which category and subcategory; and
(7) Whether any problems at the POTW (e.g.,
upsets, pass through, interference) have been attributed to the SIU in the past
4-1/2 years.
c. The information required in subdivisions 6
a and b of this subsection may be waived by the board for POTWs with
pretreatment programs if the applicant has submitted either of the following
that contain information substantially identical to that required in
subdivisions 6 a and b of this subsection:
(1) An annual report submitted within one
year of the application; or
(2) A pretreatment program.
7. Discharges from hazardous waste generators
and from waste cleanup or remediation sites. POTWs receiving Resource
Conservation and Recovery Act (RCRA), Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), or RCRA Corrective Action wastes or
wastes generated at another type of cleanup or remediation site must provide
the following information:
a. If the POTW receives, or has been notified
that it will receive, by truck, rail, or dedicated pipe any wastes that are
regulated as RCRA hazardous wastes pursuant to 40 CFR Part 261 (2005), the
applicant must report the following:
(1) The method by which the waste is received
(i.e., whether by truck, rail, or dedicated pipe); and
(2) The hazardous waste number and amount
received annually of each hazardous waste.
b. If the POTW receives, or has been notified
that it will receive, wastewaters that originate from remedial activities, including
those undertaken pursuant to CERCLA and § 3004(u) or 3008(h) of RCRA, the
applicant must report the following:
(1) The identity and description of the site
or facility at which the wastewater originates;
(2) The identities of the wastewater's hazardous
constituents, as listed in Appendix VIII of 40 CFR Part 261 (2005), if known;
and
(3) The extent of treatment, if any, the
wastewater receives or will receive before entering the POTW.
c. Applicants are exempt from the
requirements of subdivision 7 b of this subsection if they receive no more than
15 kilograms per month of hazardous wastes, unless the wastes are acute
hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e) (2005).
8. Each applicant with combined sewer systems
must provide the following information:
a. The following information regarding the
combined sewer system:
(1) A map indicating the location of the
following:
(a) All CSO discharge points;
(b) Sensitive use areas potentially affected
by CSOs (e.g., beaches, drinking water supplies, shellfish beds, sensitive
aquatic ecosystems, and outstanding national resource waters); and
(c) Waters supporting threatened and
endangered species potentially affected by CSOs; and
(2) A diagram of the combined sewer
collection system that includes the following information:
(a) The location of major sewer trunk lines,
both combined and separate sanitary;
(b) The locations of points where separate
sanitary sewers feed into the combined sewer system;
(c) In-line and off-line storage structures;
(d) The locations of flow-regulating devices;
and
(e) The locations of pump stations.
b. The following information for each CSO
discharge point covered by the permit application:
(1) The following information on each
outfall:
(a) Outfall number;
(b) State, county, and city or town in which
outfall is located;
(c) Latitude and longitude, to the nearest
second;
(d) Distance from shore and depth below
surface;
(e) Whether the applicant monitored any of
the following in the past year for this CSO: (i) rainfall, (ii) CSO flow
volume, (iii) CSO pollutant concentrations, (iv) receiving water quality, or
(v) CSO frequency; and
(f) The number of storm events monitored in
the past year;
(2) The following information about CSO
overflows from each outfall:
(a) The number of events in the past year;
(b) The average duration per event, if
available;
(c) The average volume per CSO event, if
available; and
(d) The minimum rainfall that caused a CSO
event, if available, in the last year;
(3) The following information about receiving
waters:
(a) Name of receiving water;
(b) Name of watershed/stream system and the
United States Soil Conservation Service watershed (14-digit) code, if known;
and
(c) Name of State Management/River Basin and
the United States Geological Survey hydrologic cataloging unit (8-digit) code,
if known; and
(4) A description of any known water quality
impacts on the receiving water caused by the CSO (e.g., permanent or
intermittent beach closings, permanent or intermittent shellfish bed closings,
fish kills, fish advisories, other recreational loss, or exceedance of any
applicable state water quality standard).
9. All applicants must provide the name,
mailing address, telephone number, and responsibilities of all contractors responsible
for any operational or maintenance aspects of the facility.
10. All applications must be signed by a
certifying official in compliance with 9VAC25-31-110.
11. Pertinent plans, specifications, maps and
such other relevant information as may be required, in scope and details
satisfactory to the board.
K. Application requirements
for new sources and new discharges. New manufacturing, commercial, mining and
silvicultural dischargers applying for VPDES permits (except for new discharges
of facilities subject to the requirements of subsection H of this section or
new discharges of storm water associated with industrial activity which are
subject to the requirements of 9VAC25-31-120 B 1 and this subsection) shall
provide the following information to the department, using the application
forms provided by the department:
1. The expected outfall location in latitude
and longitude to the nearest 15 seconds and the name of the receiving water;
2. The expected date of commencement of
discharge;
3. a. Description of the treatment that the
wastewater will receive, along with all operations contributing wastewater to
the effluent, average flow contributed by each operation, and the ultimate
disposal of any solid or liquid wastes not discharged;
b. A line drawing of the water flow through
the facility with a water balance as described in subdivision G 2;
c. If any of the expected discharges will be
intermittent or seasonal, a description of the frequency, duration and maximum
daily flow rate of each discharge occurrence (except for storm water run-off,
spillage, or leaks); and
4. If a new source performance standard
promulgated under § 306 of the CWA or an effluent limitation guideline applies
to the applicant and is expressed in terms of production (or other measure of
operation), a reasonable measure of the applicant's expected actual production
reported in the units used in the applicable effluent guideline or new source
performance standard for each of the first three years. Alternative estimates
may also be submitted if production is likely to vary;
5. The requirements in subdivisions H 4 a, b,
and c of this section that an applicant must provide estimates of certain
pollutants expected to be present do not apply to pollutants present in a
discharge solely as a result of their presence in intake water; however, an
applicant must report such pollutants as present. Net credits may be provided
for the presence of pollutants in intake water if the requirements of
9VAC25-31-230 G are met. All levels (except for discharge flow, temperature,
and pH) must be estimated as concentration and as total mass.
a. Each applicant must report estimated daily
maximum, daily average, and source of information for each outfall for the
following pollutants or parameters. The board may waive the reporting
requirements for any of these pollutants and parameters if the applicant
submits a request for such a waiver before or with his application which
demonstrates that information adequate to support issuance of the permit can be
obtained through less stringent reporting requirements.
(1) Biochemical oxygen demand (BOD).
(2) Chemical oxygen demand (COD).
(3) Total organic carbon (TOC).
(4) Total suspended solids (TSS).
(5) Flow.
(6) Ammonia (as N).
(7) Temperature (winter and summer).
(8) pH.
b. Each applicant must report estimated daily
maximum, daily average, and source of information for each outfall for the
following pollutants, if the applicant knows or has reason to believe they will
be present or if they are limited by an effluent limitation guideline or new
source performance standard either directly or indirectly through limitations
on an indicator pollutant: all pollutants in Table IV of 40 CFR Part 122
Appendix D (2005) (certain conventional and nonconventional pollutants).
c. Each applicant must report estimated daily
maximum, daily average and source of information for the following pollutants
if he knows or has reason to believe that they will be present in the
discharges from any outfall:
(1) The pollutants listed in Table III of 40
CFR Part 122 Appendix D (2005) (the toxic metals, in the discharge from any
outfall, Total cyanide, and total phenols);
(2) The organic toxic pollutants in Table II
of 40 CFR Part 122 Appendix D (2005) (except bis (chloromethyl) ether,
dichlorofluoromethane and trichlorofluoromethane). This requirement is waived
for applicants with expected gross sales of less than $100,000 per year for the
next three years, and for coal mines with expected average production of less
than 100,000 tons of coal per year.
d. The applicant is required to report that
2,3,7,8 Tetrachlorodibenzo-P-Dioxin (TCDD) may be discharged if he uses or
manufactures one of the following compounds, or if he knows or has reason to
believe that TCDD will or may be present in an effluent:
(1) 2,4,5-trichlorophenoxy acetic acid
(2,4,5-T) (CAS #93-76-5);
(2) (2) 2-(2,4,5-trichlorophenoxy) propanoic
acid (Silvex, 2,4,5-TP) (CAS #93-72-1);
(3) 2-(2,4,5-trichlorophenoxy) ethyl
2,2-dichloropropionate (Erbon) (CAS #136-25-4);
(4) 0,0-dimethyl 0-(2,4,5-trichlorophenyl)
phosphorothioate (Ronnel) (CAS #299-84-3);
(5) 2,4,5-trichlorophenol (TCP) (CAS
#95-95-4); or
(6) Hexachlorophene (HCP) (CAS #70-30-4);
e. Each applicant must report any pollutants
listed in Table V of 40 CFR Part 122 Appendix D (2005) (certain hazardous
substances) if he believes they will be present in any outfall (no quantitative
estimates are required unless they are already available).
f. No later than two years after the
commencement of discharge from the proposed facility, the applicant is required
to submit the information required in subsection G of this section. However,
the applicant need not complete those portions of subsection G of this section
requiring tests which he has already performed and reported under the discharge
monitoring requirements of his VPDES permit;
6. Each applicant must report the existence
of any technical evaluation concerning his wastewater treatment, along with the
name and location of similar plants of which he has knowledge;
7. Any optional information the permittee
wishes to have considered;
8. Signature of certifying official under
9VAC25-31-110; and
9. Pertinent plans, specifications, maps and
such other relevant information as may be required, in scope and details satisfactory
to the board.
L. Variance requests by
non-POTWs. A discharger which is not a publicly owned treatment works (POTW)
may request a variance from otherwise applicable effluent limitations under any
of the following statutory or regulatory provisions within the times specified
in this subsection:
1. Fundamentally different factors.
a. A request for a variance based on the
presence of fundamentally different factors from those on which the effluent
limitations guideline was based shall be filed as follows:
(1) For a request from best practicable
control technology currently available (BPT), by the close of the public
comment period for the draft permit; or
(2) For a request from best available
technology economically achievable (BAT) and/or best conventional pollutant
control technology (BCT), by no later than:
(a) July 3, 1989, for a request based on an
effluent limitation guideline promulgated before February 4, 1987, to the
extent July 3, 1989, is not later than that provided under previously promulgated
regulations; or
(b) 180 days after the date on which an
effluent limitation guideline is published in the Federal Register for a
request based on an effluent limitation guideline promulgated on or after
February 4, 1987.
b. The request shall explain how the
requirements of the applicable regulatory or statutory criteria have been met.
2. A request for a variance from the BAT
requirements for CWA § 301(b)(2)(F) pollutants (commonly called nonconventional
pollutants) pursuant to § 301(c) of the CWA because of the economic
capability of the owner or operator, or pursuant to § 301(g) of the CWA
(provided however that a § 301(g) variance may only be requested for
ammonia; chlorine; color; iron; total phenols (when determined by the
Administrator to be a pollutant covered by § 301(b)(2)(F) of the CWA) and any
other pollutant which the administrator lists under § 301(g)(4) of the CWA)
must be made as follows:
a. For those requests for a variance from an
effluent limitation based upon an effluent limitation guideline by:
(1) Submitting an initial request to the
regional administrator, as well as to the department, stating the name of the
discharger, the permit number, the outfall number(s), the applicable effluent
guideline, and whether the discharger is requesting a §§ 301(c) or 301(g) of
the CWA modification, or both. This request must have been filed not later than
270 days after promulgation of an applicable effluent limitation guideline; and
(2) Submitting a completed request no later
than the close of the public comment period for the draft permit demonstrating
that: (i) all reasonable ascertainable issues have been raised and all
reasonably available arguments and materials supporting their position have
been submitted; and (ii) that the applicable requirements of 40 CFR Part 125
(2005) have been met. Notwithstanding this provision, the complete application
for a request under § 301(g) of the CWA shall be filed 180 days before EPA
must make a decision (unless the Regional Division Director establishes a
shorter or longer period); or
b. For those requests for a variance from
effluent limitations not based on effluent limitation guidelines, the request
need only comply with subdivision 2 a (2) of this subsection and need not be
preceded by an initial request under subdivision 2 a (1) of this subsection.
3. A modification under § 302(b)(2) of the
CWA of requirements under § 302(a) of the CWA for achieving water quality
related effluent limitations may be requested no later than the close of the
public comment period for the draft permit on the permit from which the
modification is sought.
4. A variance for alternate effluent
limitations for the thermal component of any discharge must be filed with a
timely application for a permit under this section, except that if thermal
effluent limitations are established on a case-by-case basis or are based on
water quality standards the request for a variance may be filed by the close of
the public comment period for the draft permit. A copy of the request shall be
sent simultaneously to the department.
M. Variance requests by
POTWs. A discharger which is a publicly owned treatment works (POTW) may
request a variance from otherwise applicable effluent limitations under any of
the following statutory provisions as specified in this paragraph:
1. A request for a modification under §
301(h) of the CWA of requirements of § 301(b)(1)(B) of the CWA for discharges
into marine waters must be filed in accordance with the requirements of 40 CFR
Part 125, Subpart G (2005).
2. A modification under § 302(b)(2) of the
CWA of the requirements under § 302(a) of the CWA for achieving water quality
based effluent limitations shall be requested no later than the close of the
public comment period for the draft permit on the permit from which the
modification is sought.
N. Expedited variance
procedures and time extensions.
1. Notwithstanding the time requirements in
subsections L and M of this section, the board may notify a permit applicant
before a draft permit is issued that the draft permit will likely contain
limitations which are eligible for variances. In the notice the board may
require the applicant as a condition of consideration of any potential variance
request to submit a request explaining how the requirements of 40 CFR Part 125
(2005) applicable to the variance have been met and may require its submission
within a specified reasonable time after receipt of the notice. The notice may
be sent before the permit application has been submitted. The draft or final
permit may contain the alternative limitations which may become effective upon
final grant of the variance.
2. A discharger who cannot file a timely
complete request required under subdivisions L 2 a (2) or L 2 b of this section
may request an extension. The extension may be granted or denied at the
discretion of the board. Extensions shall be no more than six months in
duration.
O. Recordkeeping. Except for
information required by subdivision C 2 of this section, which shall be
retained for a period of at least five years from the date the application is
signed (or longer as required by Part VI (9VAC25-31-420 et seq.) of this
chapter), applicants shall keep records of all data used to complete permit
applications and any supplemental information submitted under this section for
a period of at least three years from the date the application is signed.
P. Sewage sludge management.
All TWTDS subject to subdivision C 2 a of this section must provide the
information in this subsection to the department using an application form
approved by the department. New applicants must submit all information
available at the time of permit application. The information may be provided by
referencing information previously submitted to the department. The board may
waive any requirement of this subsection if it has access to substantially
identical information. The board may also waive any requirement of this
subsection that is not of material concern for a specific permit, if approved
by the regional administrator. The waiver request to the regional administrator
must include the board's justification for the waiver. A regional
administrator's disapproval of the board's proposed waiver does not constitute
final agency action, but does provide notice to the board and the permit applicant
that the EPA may object to any board issued permit issued in the absence of the
required information.
1. All applicants must submit the following
information:
a. The name, mailing address, and location of
the TWTDS for which the application is submitted;
b. Whether the facility is a Class I Sludge
Management Facility;
c. The design flow rate (in million gallons
per day);
d. The total population served;
e. The TWTDS's status as federal, state,
private, public, or other entity;
f. The name, mailing address, and telephone
number of the applicant; and
g. Indication whether the applicant is the
owner, operator, or both.
2. All applicants must submit the facility's
VPDES permit number, if applicable, and a listing of all other federal, state,
and local permits or construction approvals received or applied for under any
of the following programs:
a. Hazardous Waste Management program under
the Resource Conservation and Recovery Act (RCRA);
b. UIC program under the Safe Drinking Water
Act (SDWA);
c. NPDES program under the Clean Water Act
(CWA);
d. Prevention of Significant Deterioration
(PSD) program under the Clean Air Act;
e. Nonattainment program under the Clean Air
Act;
f. National Emission Standards for Hazardous
Air Pollutants (NESHAPS) preconstruction approval under the Clean Air Act;
g. Dredge or fill permits under § 404 of the
CWA;
h. Other relevant environmental permits,
including state or local permits.
3. All applicants must identify any
generation, treatment, storage, land application, or disposal of sewage sludge
that occurs in Indian country.
4. All applicants must submit a topographic
map (or other map if a topographic map is unavailable) extending one mile
beyond property boundaries of the facility and showing the following information:
a. All sewage sludge management facilities,
including on-site treatment, storage, and disposal sites; and
b. Wells, springs, and other surface water
bodies that are within 1/4 mile of the property boundaries and listed in public
records or otherwise known to the applicant.
5. All applicants must submit a line drawing
and/or a narrative description that identifies all sewage sludge management
practices employed during the term of the permit, including all units used for
collecting, dewatering, storing, or treating sewage sludge; the destination(s)
of all liquids and solids leaving each such unit; and all processes used for
pathogen reduction and vector attraction reduction.
6. The applicant must submit sewage sludge
monitoring data for the pollutants for which limits in sewage sludge have been
established in Part VI (9VAC25-31-420 et seq.) of this chapter for the
applicant's use or disposal practices on the date of permit application with
the following conditions:
a. The board may require sampling for
additional pollutants, as appropriate, on a case-by-case basis.
b. Applicants must provide data from a
minimum of three samples taken within 4-1/2 years prior to the date of the
permit application. Samples must be representative of the sewage sludge and
should be taken at least one month apart. Existing data may be used in lieu of
sampling done solely for the purpose of this application.
c. Applicants must collect and analyze
samples in accordance with analytical methods specified in 9VAC25-31-490 unless
an alternative has been specified in an existing sewage sludge permit.
d. The monitoring data provided must include
at least the following information for each parameter:
(1) Average monthly concentration for all
samples (mg/kg dry weight), based upon actual sample values;
(2) The analytical method used; and
(3) The method detection level.
7. If the applicant is a person who prepares
sewage sludge, as defined in 9VAC25-31-500, the applicant must provide the
following information:
a. If the applicant's facility generates
sewage sludge, the total dry metric tons per 365-day period generated at the
facility.
b. If the applicant's facility receives
sewage sludge from another facility, the following information for each
facility from which sewage sludge is received:
(1) The name, mailing address, and location
of the other facility;
(2) The total dry metric tons per 365-day
period received from the other facility; and
(3) A description of any treatment processes
occurring at the other facility, including blending activities and treatment to
reduce pathogens or vector attraction characteristics.
c. If the applicant's facility changes the
quality of sewage sludge through blending, treatment, or other activities, the
following information:
(1) Whether the Class A pathogen reduction
requirements in 9VAC25-31-710 A or the Class B pathogen reduction requirements
in 9VAC25-31-710 B are met, and a description of any treatment processes used
to reduce pathogens in sewage sludge;
(2) Whether any of the vector attraction
reduction options of 9VAC25-31-720 B 1 through 8 are met, and a description of
any treatment processes used to reduce vector attraction properties in sewage
sludge; and
(3) A description of any other blending,
treatment, or other activities that change the quality of sewage sludge.
d. If sewage sludge from the applicant's
facility meets the ceiling concentrations in 9VAC25-31-540 B 1, the pollutant
concentrations in 9VAC25-31-540 B 3, the Class A pathogen requirements in
9VAC25-31-710 A, and one of the vector attraction reduction requirements in
9VAC25-31-720 B 1 through 8, and if the sewage sludge is applied to the land,
the applicant must provide the total dry metric tons per 365-day period of
sewage sludge subject to this subsection that is applied to the land.
e. If sewage sludge from the applicant's
facility is sold or given away in a bag or other container for application to
the land, and the sewage sludge is not subject to subdivision 7 d of this
subsection, the applicant must provide the following information:
(1) The total dry metric tons per 365-day
period of sewage sludge subject to this subsection that is sold or given away
in a bag or other container for application to the land; and
(2) A copy of all labels or notices that
accompany the sewage sludge being sold or given away.
f. If sewage sludge from the applicant's
facility is provided to another person who prepares sewage sludge, as defined
in 9VAC25-31-500, and the sewage sludge is not subject to subdivision 7 d of
this subsection, the applicant must provide the following information for each
facility receiving the sewage sludge:
(1) The name and mailing address of the
receiving facility;
(2) The total dry metric tons per 365-day
period of sewage sludge subject to this subsection that the applicant provides
to the receiving facility;
(3) A description of any treatment processes
occurring at the receiving facility, including blending activities and
treatment to reduce pathogens or vector attraction characteristic;
(4) A copy of the notice and necessary
information that the applicant is required to provide the receiving facility
under 9VAC25-31-530 G; and
(5) If the receiving facility places sewage
sludge in bags or containers for sale or give-away to application to the land,
a copy of any labels or notices that accompany the sewage sludge.
8. If sewage sludge from the applicant's
facility is applied to the land in bulk form and is not subject to subdivision
7 d, e or f of this subsection, the applicant must provide the following
information:
a. The total dry metric tons per 365-day
period of sewage sludge subject to this subsection that is applied to the land.
b. If any land application sites are located
in states other than the state where the sewage sludge is prepared, a description
of how the applicant will notify the permitting authority for the state(s)
where the land application sites are located.
c. The following information for each land
application site that has been identified at the time of permit application:
(1) The name (if any), and location for the
land application site;
(2) The site's latitude and longitude to the
nearest second, and method of determination;
(3) A topographic map (or other map if a
topographic map is unavailable) that shows the site's location;
(4) The name, mailing address, and telephone
number of the site owner, if different from the applicant;
(5) The name, mailing address, and telephone
number of the person who applies sewage sludge to the site, if different from
the applicant;
(6) Whether the site is agricultural land,
forest, a public contact site, or a reclamation site, as such site types are
defined in 9VAC25-31-500;
(7) The type of vegetation grown on the site,
if known, and the nitrogen requirement for this vegetation;
(8) Whether either of the vector attraction
reduction options of 9VAC25-31-720 B 9 or 10 is met at the site, and a
description of any procedures employed at the time of use to reduce vector
attraction properties in sewage sludge; and
(9) Other information that describes how the
site will be managed, as specified by the board.
d. The following information for each land
application site that has been identified at the time of permit application, if
the applicant intends to apply bulk sewage sludge subject to the cumulative
pollutant loading rates in 9VAC25-31-540 B 2 to the site:
(1) Whether the applicant has contacted the
permitting authority in the state where the bulk sewage sludge subject to
9VAC25-31-540 B 2 will be applied, to ascertain whether bulk sewage sludge
subject to 9VAC25-31-540 B 2 has been applied to the site on or since July 20,
1993, and if so, the name of the permitting authority and the name and phone
number of a contact person at the permitting authority;
(2) Identification of facilities other than
the applicant's facility that have sent, or are sending, sewage sludge subject
to the cumulative pollutant loading rates in 9VAC25-31-540 B 2 to the site
since July 20, 1993, if, based on the inquiry in subdivision 8 d (1) of this
subsection, bulk sewage sludge subject to cumulative pollutant loading rates in
9VAC25-31-540 B 2 has been applied to the site since July 20, 1993.
e. If not all land application sites have
been identified at the time of permit application, the applicant must submit a
land application plan that, at a minimum:
(1) Describes the geographical area covered
by the plan;
(2) Identifies the site selection criteria;
(3) Describes how the site(s) will be
managed;
(4) Provides for advance notice to the board
of specific land application sites and reasonable time for the board to object
prior to land application of the sewage sludge and to notify persons residing
on property bordering such sites for the purpose of receiving written comments
from those persons for a period not to exceed 30 days. The department shall,
based upon these comments, determine whether additional site-specific
requirements should be included in the authorization for land application at
the site; and
(5) Provides for advance public notice of
land application sites in a newspaper of general circulation in the area of the
land application site.
A request to increase the acreage authorized
by the initial permit by 50% or more shall be treated as a new
application for purposes of public notice and public hearings.
9. An applicant for a permit authorizing the
land application of sewage sludge shall provide to the department, and to each
locality in which the applicant proposes to land apply sewage sludge, written
evidence of financial responsibility, including both current liability and
pollution insurance, or such other evidence of financial responsibility as the
board may establish by regulation in an amount not less than $1 million per
occurrence, which shall be available to pay claims for cleanup costs, personal injury,
bodily injury and property damage resulting from the transport, storage and
land application of sewage sludge in Virginia. The aggregate amount of
financial liability to be maintained by the applicant shall be $1 million for
companies with less than $5 million in annual gross revenue and shall be $2
million for companies with $5 million or more in annual gross revenue.
10. If sewage sludge from the applicant's
facility is placed on a surface disposal site, the applicant must provide the
following information:
a. The total dry metric tons of sewage sludge
from the applicant's facility that is placed on surface disposal sites per
365-day period.
b. The following information for each surface
disposal site receiving sewage sludge from the applicant's facility that the
applicant does not own or operate:
(1) The site name or number, contact person,
mailing address, and telephone number for the surface disposal site; and
(2) The total dry metric tons from the
applicant's facility per 365-day period placed on the surface disposal site.
c. The following information for each active
sewage sludge unit at each surface disposal site that the applicant owns or
operates:
(1) The name or number and the location of
the active sewage sludge unit;
(2) The unit's latitude and longitude to the
nearest second, and method of determination;
(3) If not already provided, a topographic
map (or other map if a topographic map is unavailable) that shows the unit's
location;
(4) The total dry metric tons placed on the
active sewage sludge unit per 365-day period;
(5) The total dry metric tons placed on the
active sewage sludge unit over the life of the unit;
(6) A description of any liner for the active
sewage sludge unit, including whether it has a maximum permeability of 1 X 10-7cm/sec;
(7) A description of any leachate collection
system for the active sewage sludge unit, including the method used for
leachate disposal, and any federal, state, and local permit number(s) for
leachate disposal;
(8) If the active sewage sludge unit is less
than 150 meters from the property line of the surface disposal site, the actual
distance from the unit boundary to the site property line;
(9) The remaining capacity (dry metric tons)
for the active sewage sludge unit;
(10) The date on which the active sewage
sludge unit is expected to close, if such a date has been identified;
(11) The following information for any other
facility that sends sewage sludge to the active sewage sludge unit:
(a) The name, contact person, and mailing
address of the facility; and
(b) Available information regarding the
quality of the sewage sludge received from the facility, including any
treatment at the facility to reduce pathogens or vector attraction
characteristics;
(12) Whether any of the vector attraction
reduction options of 9VAC25-31-720 B 9 through 11 is met at the active sewage
sludge unit, and a description of any procedures employed at the time of
disposal to reduce vector attraction properties in sewage sludge;
(13) The following information, as applicable
to any groundwater monitoring occurring at the active sewage sludge unit:
(a) A description of any groundwater
monitoring occurring at the active sewage sludge unit;
(b) Any available groundwater monitoring
data, with a description of the well locations and approximate depth to
groundwater;
(c) A copy of any groundwater monitoring plan
that has been prepared for the active sewage sludge unit;
(d) A copy of any certification that has been
obtained from a qualified groundwater scientist that the aquifer has not been
contaminated; and
(14) If site-specific pollutant limits are
being sought for the sewage sludge placed on this active sewage sludge unit,
information to support such a request.
11. If sewage sludge from the applicant's
facility is fired in a sewage sludge incinerator, the applicant must provide
the following information:
a. The total dry metric tons of sewage sludge
from the applicant's facility that is fired in sewage sludge incinerators per
365-day period.
b. The following information for each sewage
sludge incinerator firing the applicant's sewage sludge that the applicant does
not own or operate:
(1) The name and/or number, contact person,
mailing address, and telephone number of the sewage sludge incinerator; and
(2) The total dry metric tons from the
applicant's facility per 365-day period fired in the sewage sludge incinerator.
12. If sewage sludge from the applicant's
facility is sent to a municipal solid waste landfill (MSWLF), the applicant
must provide the following information for each MSWLF to which sewage sludge is
sent:
a. The name, contact person, mailing address,
location, and all applicable permit numbers of the MSWLF;
b. The total dry metric tons per 365-day
period sent from this facility to the MSWLF;
c. A determination of whether the sewage
sludge meets applicable requirements for disposal of sewage sludge in a MSWLF,
including the results of the paint filter liquids test and any additional
requirements that apply on a site-specific basis; and
d. Information, if known, indicating whether
the MSWLF complies with criteria set forth in the Virginia Solid Waste
Management Regulations, 9VAC20-80.
13. All applicants must provide the name,
mailing address, telephone number, and responsibilities of all contractors
responsible for any operational or maintenance aspects of the facility related
to sewage sludge generation, treatment, use, or disposal.
14. At the request of the board, the
applicant must provide any other information necessary to determine the appropriate
standards for permitting under Part VI (9VAC25-31-420 et seq.) of this chapter,
and must provide any other information necessary to assess the sewage sludge
use and disposal practices, determine whether to issue a permit, or identify
appropriate permit requirements; and pertinent plans, specifications, maps and
such other relevant information as may be required, in scope and details
satisfactory to the board.
15. All applications must be signed by a
certifying official in compliance with 9VAC25-31-110.
Q. Applications for
facilities with cooling water intake structures.
1. Application requirements. New facilities
with new or modified cooling water intake structures. New facilities with
cooling water intake structures as defined in 9VAC25-31-165 must report the
information required under subdivisions 2, 3, and 4 of this subsection and
under 9VAC25-31-165. Requests for alternative requirements under 9VAC25-31-165
must be submitted with the permit application.
2. Source water physical data. These include:
a. A narrative description and scaled
drawings showing the physical configuration of all source water bodies used by
the facility, including area dimensions, depths, salinity and temperature
regimes, and other documentation that supports the determination of the water
body type where each cooling water intake structure is located;
b. Identification and characterization of the
source water body's hydrological and geomorphologic features, as well as the
methods used to conduct any physical studies to determine the intake's area of
influence within the water body and the results of such studies; and
c. Location maps.
3. Cooling water intake structure data. These
include:
a. A narrative description of the
configuration of each cooling water intake structure and where it is located in
the water body and in the water column;
b. Latitude and longitude in degrees,
minutes, and seconds for each cooling water intake structure;
c. A narrative description of the operation
of each cooling water intake structure, including design intake flow, daily
hours of operation, number of days of the year in operation and seasonal
changes, if applicable;
d. A flow distribution and water balance
diagram that includes all sources of water to the facility, recirculation flows
and discharges; and
e. Engineering drawings of the cooling water
intake structure.
4. Source water baseline biological
characterization data. This information is required to characterize the
biological community in the vicinity of the cooling water intake structure and
to characterize the operation of the cooling water intake structures. The
department may also use this information in subsequent permit renewal
proceedings to determine if the design and construction technology plan as
required in 9VAC25-31-165 should be revised. This supporting information must
include existing data if available. Existing data may be supplemented with data
from newly conducted field studies. The information must include:
a. A list of the data in subdivisions 4 b
through 4 f of this subsection that is not available and efforts made to
identify sources of the data;
b. A list of species (or relevant taxa) for
all life stages and their relative abundance in the vicinity of the cooling
water intake structure;
c. Identification of the species and life
stages that would be most susceptible to impingement and entrainment. Species
evaluated should include the forage base as well as those most important in
terms of significance to commercial and recreational fisheries;
d. Identification and evaluation of the
primary period of reproduction, larval recruitment, and period of peak
abundance for relevant taxa;
e. Data representative of the seasonal and
daily activities (e.g., feeding and water column migration) of biological
organisms in the vicinity of the cooling water intake structure;
f. Identification of all threatened,
endangered, and other protected species that might be susceptible to
impingement and entrainment at the cooling water intake structures;
g. Documentation of any public participation
or consultation with federal or state agencies undertaken in development of the
plan; and
h. If information requested in subdivision 4
of this subsection is supplemented with data collected using field studies,
supporting documentation for the source water baseline biological
characterization must include a description of all methods and quality
assurance procedures for sampling, and data analysis including a description of
the study area; taxonomic identification of sampled and evaluated biological
assemblages (including all life stages of fish and shellfish); and sampling and
data analysis methods. The sampling and/or data analysis methods used must be
appropriate for a quantitative survey and based on consideration of methods
used in other biological studies performed within the same source water body.
The study area should include, at a minimum, the area of influence of the
cooling water intake structure.
Note 1: Until further notice subdivision G 7
e (1) of this section and the corresponding portions of the VPDES application
Form 2C are suspended as they apply to coal mines.
Note 2: Until further notice subdivision G 7
e (1) of this section and the corresponding portions of Item V-C of the VPDES
application Form 2C are suspended as they apply to:
a. Testing and reporting for all four organic
fractions in the Greige Mills Subcategory of the Textile Mills industry
(subpart C-Low water use processing of 40 CFR Part 410 (2005)), and testing and
reporting for the pesticide fraction in all other subcategories of this
industrial category.
b. Testing and reporting for the volatile,
base/neutral and pesticide fractions in the Base and Precious Metals
Subcategory of the Ore Mining and Dressing industry (subpart B of 40 CFR Part
440 (2005)), and testing and reporting for all four fractions in all other
subcategories of this industrial category.
c. Testing and reporting for all four GC/MS
fractions in the Porcelain Enameling industry.
Note 3: Until further notice subdivision G 7
e (1) of this section and the corresponding portions of Item V-C of the VPDES
application Form 2C are suspended as they apply to:
a. Testing and reporting for the pesticide
fraction in the Tall Oil Rosin Subcategory (subpart D) and Rosin-Based
Derivatives Subcategory (subpart F) of the Gum and Wood Chemicals industry (40
CFR Part 454 (2005)), and testing and reporting for the pesticide and
base-neutral fractions in all other subcategories of this industrial category.
b. Testing and reporting for the pesticide
fraction in the leather tanning and finishing, paint and ink formulation, and
photographic supplies industrial categories.
c. Testing and reporting for the acid,
base/neutral and pesticide fractions in the petroleum refining industrial
category.
d. Testing and reporting for the pesticide
fraction in the Papergrade Sulfite Subcategories (subparts J and U) of the Pulp
and Paper industry (40 CFR Part 430 (2005)); testing and reporting for the
base/neutral and pesticide fractions in the following subcategories: Deink
(subpart Q), Dissolving Kraft (subpart F), and Paperboard from Waste Paper
(subpart E); testing and reporting for the volatile, base/neutral and pesticide
fractions in the following subcategories: BCT Bleached Kraft (subpart H),
Semi-Chemical (subparts B and C), and Nonintegrated-Fine Papers (subpart R);
and testing and reporting for the acid, base/neutral, and pesticide fractions
in the following subcategories: Fine Bleached Kraft (subpart I), Dissolving
Sulfite Pulp (subpart K), Groundwood-Fine Papers (subpart O), Market Bleached
Kraft (subpart G), Tissue from Wastepaper (subpart T), and Nonintegrated-Tissue
Papers (subpart S).
e. Testing and reporting for the base/neutral
fraction in the Once-Through Cooling Water, Fly Ash and Bottom Ash Transport
Water process wastestreams of the Steam Electric Power Plant industrial
category.
9VAC25-31-290. Public
notice of permit actions and public comment period.
A. Scope.
1. The board shall give public notice that
the following actions have occurred:
a. A draft permit has been prepared under
9VAC25-31-260 D;
b. A public hearing has been scheduled under
9VAC25-31-310; or
c. A VPDES new source determination has been
made under 9VAC25-31-180.
2. No public notice is required when a
request for permit modification, revocation and reissuance, or termination is
denied under 9VAC25-31-370 B. Written notice of that denial shall be given to
the requester and to the permittee. Public notice shall not be required for
submission or approval of plans and specifications or conceptual engineering
reports not required to be submitted as part of the application.
3. Public notices may describe more than one
permit or permit actions.
B. Timing.
1. Public notice of the preparation of a
draft permit required under subsection A of this section shall allow at least
30 days for public comment.
2. Public notice of a public hearing shall be
given at least 30 days before the hearing. (Public notice of the hearing may be
given at the same time as public notice of the draft permit and the two notices
may be combined.)
C. Methods. Public notice of
activities described in subdivision A 1 of this section shall be given by the
following methods:
1. By mailing a copy of a notice to the
following persons (any person otherwise entitled to receive notice under this
subdivision may waive his or her rights to receive notice for any classes and
categories of permits):
a. The applicant (except for VPDES general
permits when there is no applicant);
b. Any other agency which the board knows has
issued or is required to issue a VPDES, sludge management permit;
c. Federal and state agencies with
jurisdiction over fish, shellfish, and wildlife resources and over coastal zone
management plans, the Advisory Council on Historic Preservation, State Historic
Preservation Officers, including any affected states (Indian Tribes);
d. Any state agency responsible for plan
development under § 208(b)(2), 208(b)(4) or § 303(e) of the CWA and the U.S.
Army Corps of Engineers, the U.S. Fish and Wildlife Service and the National
Marine Fisheries Service;
e. Any user identified in the permit
application of a privately owned treatment works;
f. Persons on a mailing list developed by:
(1) Including those who request in writing to
be on the list;
(2) Soliciting persons for area lists from
participants in past permit proceedings in that area; and
(3) Notifying the public of the opportunity
to be put on the mailing list through periodic publication in the public press
and in such publications as EPA regional and state funded newsletters,
environmental bulletins, or state law journals. (The board may update the
mailing list from time to time by requesting written indication of continued
interest from those listed. The board may delete from the list the name of any
person who fails to respond to such a request.);
g. (1) Any unit of local government having
jurisdiction over the area where the facility is proposed to be located; and
(2) Each state agency having any authority
under state law with respect to the construction or operation of such facility;
2. By publication once a week for two
successive weeks in a newspaper of general circulation in the area affected by
the discharge. The cost of public notice shall be paid by the owner; and
3. Any other method reasonably calculated to
give actual notice of the action in question to the persons potentially
affected by it, including press releases or any other forum or medium to elicit
public participation.
D. Contents.
1. All public notices issued under this part
shall contain the following minimum information:
a. Name and address of the office processing
the permit action for which notice is being given;
b. Name and address of the permittee or
permit applicant and, if different, of the facility or activity regulated by
the permit, except in the case of VPDES draft general permits;
c. A brief description of the business
conducted at the facility or activity described in the permit application or
the draft permit, for VPDES general permits when there is no application;
d. Name, address and telephone number of a
person from whom interested persons may obtain further information, including
copies of the draft permit or draft general permit, as the case may be,
statement of basis or fact sheet, and the application;
e. A brief description of the procedures for
submitting comments and the time and place of any public hearing that will be
held, including a statement of procedures to request a public hearing (unless a
hearing has already been scheduled) and other procedures by which the public
may participate in the final permit decision;
f. A general description of the location of
each existing or proposed discharge point and the name of the receiving water
and the sludge use and disposal practice or practices and the location of each
sludge treatment works treating domestic sewage and use or disposal sites known
at the time of permit application. For draft general permits, this requirement
will be satisfied by a map or description of the permit area;
g. Requirements applicable to cooling water
intake structures under § 316 of the CWA, in accordance with 9VAC25-31-165; and
h. Any additional information considered
necessary or proper.
2. In addition to the general public notice
described in subdivision 1 of this subsection, the public notice of a public
hearing under 9VAC25-31-310 shall contain the following information:
a. Reference to the date of previous public
notices relating to the permit;
b. Date, time, and place of the public
hearing;
c. A brief description of the nature and
purpose of the public hearing, including the applicable rules and procedures;
and
d. A concise statement of the issues raised
by the persons requesting the public hearing.
3. Public notice of a VPDES draft permit for
a discharge where a request for alternate thermal effluent limitations has been
filed shall include:
a. A statement that the thermal component of
the discharge is subject to effluent limitations incorporated in 9VAC25-31-30
and a brief description, including a quantitative statement, of the thermal
effluent limitations proposed under § 301 or § 306 of the CWA;
b. A statement that an alternate thermal
effluent limitation request has been filed and that alternative less stringent
effluent limitations may be imposed on the thermal component of the discharge
under the law and § 316(a) of the CWA and a brief description, including a
quantitative statement, of the alternative effluent limitations, if any,
included in the request; and
c. If the applicant has filed an early
screening request for a CWA § 316(a) variance, a statement that the applicant
has submitted such a plan.
E. In addition to the
general public notice described in subdivision D 1 of this section, all persons
identified in subdivisions C 1 a, b, c, and d of this section shall be mailed a
copy of the fact sheet or statement of basis, the permit application (if any)
and the draft permit (if any).
F. Upon receipt of an
application for the issuance of a new or modified permit other than those for
agricultural production or aquacultural production activities, the board shall
:
1. Notify, in writing, the locality
wherein the discharge or, as applicable, the associated land application of
sewage sludge, or land disposal of treated sewage, stabilized sewage sludge or
stabilized septage does or is proposed to take place of, at a minimum:
a. The name of the applicant;
b. The nature of the application and proposed
discharge;
c. The availability and timing of any comment
period; and
d. Upon request, any other information known
to, or in the possession of, the board or the department regarding the
applicant not required to be held confidential by this chapter.
2. Establish a date for a public meeting to
discuss technical issues relating to proposals for land application of sewage
sludge, or land disposal of treated sewage, stabilized sewage sludge or
stabilized septage. The department shall give notice of the date, time, and
place of the public meeting and a description of the proposal by publication in
a newspaper of general circulation in the city or county where the proposal is
to take place. Public notice of the scheduled meeting shall occur no fewer than
seven or more than 14 days prior to the meeting. The board shall not consider
the application for the proposal to be complete issue the permit
until the public meeting has been held and comment has been received from the
local governing body, or until 30 days have lapsed from the date of the public
meeting.
3. Except for land application of sewage
sludge or land disposal of treated sewage, stabilized sewage sludge or
stabilized septage, make a good faith effort to provide this same notice and
information to (i) each locality and riparian property owner to a distance
one-quarter mile downstream and one-quarter mile upstream or to the fall line
whichever is closer on tidal waters and (ii) each locality and riparian
property owner to a distance one-half mile downstream on nontidal waters.
Distances shall be measured from the point, or proposed point, of discharge. If
the receiving river at the point or proposed point of discharge is two miles
wide or greater, the riparian property owners on the opposite shore need not be
notified. Notice to property owners shall be based on names and addresses taken
from local tax rolls. Such names and addresses shall be provided by the
commissioners of the revenue or the tax assessor's office of the affected
jurisdictions upon request by the board.
4. For a site that is to be added to an
existing permit authorizing land application of sewage sludge, notify persons
residing on property bordering such site and receive written comments from
those persons for a period not to exceed 30 days. Based upon the written
comments, the department shall determine whether additional site-specific
requirements should be included in the authorization for land application at
the site.
G. Before issuing any
permit, if the board finds that there are localities particularly affected by
the permit, the board shall:
1. Publish, or require the applicant to
publish, a notice in a local paper of general circulation in the localities
affected at least 30 days prior to the close of any public comment period. Such
notice shall contain a statement of the estimated local impact of the proposed
permit, which at a minimum shall include information on the specific pollutants
involved and the total quantity of each which may be discharged; and
2. Mail the notice to the chief elected
official and chief administrative officer and planning district commission for
those localities.
Written comments shall be
accepted by the board for at least 15 days after any public hearing on the
permit, unless the board votes to shorten the period. For the purposes of this
section, the term "locality particularly affected" means any locality
which bears any identified disproportionate material water quality impact which
would not be experienced by other localities.
VA.R. Doc. No. R09-2012;
Filed August 11, 2009, 4:14 p.m.