TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

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 9VAC25-260, Water Quality Standards. The purpose of the proposed action is to respond to a petition for rulemaking requesting the board to amend the water quality standards (WQS) to incorporate site-specific selenium criteria for the protection of freshwater aquatic life in four streams that are tributaries to Knox Creek in Buchanan County, Virginia. The specific streams are Race Fork and tributaries, Pounding Mill Creek and tributaries, Right Fork of Lester Fork and tributaries, and Abners Fork and tributaries. The intent of this rulemaking is to establish site-specific selenium aquatic life criteria that protect designated and beneficial uses of state waters by adopting regulations that are technically correct and reasonable. These site-specific criteria will be implemented in water quality programs to protect and maintain the WQS, including the Virginia Pollutant Discharge Elimination System Permit Program and the Clean Water Act § 305(b) Water Quality Assessment Report and § 303(d) Listing of Impaired Waters.

The agency does not intend 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; Clean Water Act (33 USC § 1251 et seq.); 40 CFR Part 131.

Public Comment Deadline: March 27, 2024.

Agency Contact: David Whitehurst, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 774-9180, or email david.whitehurst@deq.virginia.gov.