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 9VAC25-115, Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Seafood Processing Facilities. The purpose of the proposed action is to amend and reissue the existing general permit, which expires on June 30, 2026. This general permit regulation establishes limitations, monitoring requirements, and other special conditions for point source discharge of seafood processing wastewater from seafood processing facilities to surface waters to maintain surface water quality. The general permit also regulates stormwater quality from seafood processing sites operating under SIC codes 2091(Canned and Cured Fish and Seafoods) and 2092 (Prepared Fresh or Frozen Fish and Seafoods) to maintain surface water quality.

In addition, pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the board is conducting a periodic review and small business impact review of this regulation to determine whether this regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare; (ii) minimizes the economic impact on small businesses consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

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: May 8, 2024.

Agency Contact: Morgan Emanuel, Regulatory and Guidance Analyst, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 494-9635, or email morgan.emanuel@deq.virginia.gov.