Vol. 38 Iss. 12 - January 31, 2022

Chapter 190
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Water Control Board intends to consider amending 9VAC25-190, Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Nonmetallic Mineral Mining. The purpose of the proposed action is to amend and reissue the existing VPDES general permit regulation that addresses wastewater and stormwater discharges from nonmetallic mineral mines. The existing general permit will expire June 30, 2024, and this action will reissue the general permit for another five-year term. In addition, any updates or necessary changes will be made to the general permit. Amendments may be identified following the submittal of public comments on this notice and by the technical advisory committee during deliberations on this general permit regulation. Some issues that may need to be addressed include (i) effluent limitations and monitoring requirements; (ii) electronic reporting, once this is made available for this industry; (iii) total maximum daily load requirements; (iv) special conditions to ensure they are updated and protective of water quality; (v) conforming changes based on the U.S. Environmental Protection Agency's most recent National Pollutant Discharge Elimination System Multi-Sector General Permit; and (vi) clarifying other aspects of the permit, regulation, forms, or instructions, as needed.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 62.1-44.15 of the Code of Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, and 124.

Public Comment Deadline: March 2, 2022.

Agency Contact: Peter Sherman, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4044, FAX (804) 698-4178, or email

VA.R. Doc. No. R22-7006; Filed January 10, 2022