TITLE 9. ENVIRONMENT
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final Regulation
REGISTRAR'S NOTICE: The State Water Control Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 14 of the Code of Virginia, which exempts adoption, amendment, or repeal of wasteload allocations by the State Water Control Board pursuant to State Water Control Law (§ 62.1-44.2 et seq. of the Code of Virginia) if the board (i) provides public notice in the Virginia Register; (ii) if requested by the public during the initial public notice 30-day comment period, forms an advisory group composed of relevant stakeholders; (iii) receives and provides summary response to written comments; and (iv) conducts at least one public meeting.
Title of Regulation: 9VAC25-720. Water Quality Management Planning Regulation (amending 9VAC25-720-60, 9VAC25-720-80).
Statutory Authority: § 62.1-44.15 of the Code of Virginia; 33 USC § 1313(e) of the Clean Water Act.
Effective Date: May 22, 2024.
Agency Contact: Justin L. Williams, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-1125, or email justin.williams@deq.virginia.gov.
Background: The Clean Water Act (CWA) and the U.S. Environmental Protection Agency (EPA) Water Quality Management and Planning Regulation (40 CFR 130) require states to identify waters that are in violation of water quality standards and to place these waters on the state's § 303(d) List of Impaired Waters. Also, the CWA and the EPA enabling regulation require that a total maximum daily load (TMDL) be developed for those waters identified as impaired. In addition, § 62.1-44.19:7 C of the Code of Virginia requires DEQ to develop TMDLs for impaired waters. A TMDL is a determination of the amount of a specific pollutant that a waterbody is capable of receiving without violating water quality standards for that pollutant. TMDLs are required to identify all sources of the pollutant and calculate the pollutant loads from each source that are necessary for the attainment of water quality standards. 40 CFR § 130.7(d)(2) directs Virginia to incorporate TMDLs in the Water Quality Management Plan (9VAC25-720). Also, 40 CFR § 122.44(d)(1)(vii)(B) requires that new or reissued Virginia Pollutant Discharge Elimination System (VPDES) permits be consistent with the TMDL wasteload allocation (WLA). This means that the WLA component of the TMDL incorporated into the regulation will be implemented through the requirements specified in the VPDES permits, for example, through numeric water quality based effluent limitations or in certain cases best management practices.
Summary:
The amendments add (i) two new TMDL WLAs in the James River Basin and (ii) four new TMDL WLAs in the Roanoke River Basin.
9VAC25-720-60. James River Basin.
A. Total maximum daily loads (TMDLs).
EDITOR'S NOTE: Rows numbered 1 through 182 of the TMDL table in subsection A of 9VAC25-720-60 are not amended; therefore, the text of those rows is not set out.
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183.
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Moores Creek
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Benthic TMDL Development for the Moores Creek and Mill Creek Watersheds Located in Rockbridge County, Virginia
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Rockbridge, Augusta
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I36R
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Sediment
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60,080
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lbs/year
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184.
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Mill Creek
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Benthic TMDL Development for the Moores Creek and Mill Creek Watersheds Located in Rockbridge County, Virginia
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Rockbridge
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I35R
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Sediment
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44,360
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lbs/year
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Notes:
1The total WLA can be increased prior to modification provided that the Department of Environmental Quality tracks these changes for bacteria TMDLs where the permit is consistent with water quality standards for bacteria.
2GS means growing season.
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EDITOR'S NOTE: Subsections B and C of 9VAC25-720-60 are not amended; therefore, the text of those subsections is not set out.
9VAC25-720-80. Roanoke River Basin.
A. Total maximum daily loads (TMDLs).
EDITOR'S NOTE: Rows numbered 1 through 120 of the TMDL table in subsection A of 9VAC25-720-80 are not amended; therefore, the text of those rows is not set out.
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121.
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Beaverdam Creek
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Benthic TMDL Development for the Beaverdam Creek, Fryingpan Creek, Pigg River, and Poplar Branch Watersheds Located in Bedford, Franklin, and Pittsylvania Counties
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Bedford
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L07R
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Sediment
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51,410
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lbs/year
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122.
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Fryingpan Creek
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Benthic TMDL Development for the Beaverdam Creek, Fryingpan Creek, Pigg River, and Poplar Branch Watersheds Located in Bedford, Franklin, and Pittsylvania Counties
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Pittsylvania
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L18R
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Sediment
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6,593
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lbs/year
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123.
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Pigg River
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Benthic TMDL Development for the Beaverdam Creek, Fryingpan Creek, Pigg River, and Poplar Branch Watersheds Located in Bedford, Franklin, and Pittsylvania Counties
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Franklin
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L14R
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Sediment
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39,200
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lbs/year
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124.
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Poplar Branch
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Benthic TMDL Development for the Beaverdam Creek, Fryingpan Creek, Pigg River, and Poplar Branch Watersheds Located in Bedford, Franklin, and Pittsylvania Counties
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Franklin
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L17R
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Sediment
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3,357
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lbs/year
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Notes:
1The total WLA can be increased prior to modification provided that DEQ tracks these changes for bacteria TMDLs where the permit is consistent with water quality standards for bacteria.
2WLAs from the Dan River TMDL report represent the WLA for the watershed, which may include North Carolina waters in addition to Virginia waters. Virginia permits will be issued in accordance with the Virginia water quality standard.
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EDITOR'S NOTE: Subsection B of 9VAC25-720-80 is not amended; therefore, the text of this subsection is not set out.
VA.R. Doc. No. R24-7571; Filed April 03, 2024