TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Notice of Effective Date

Title of Regulation: 9VAC25-260. Water Quality Standards (amending 9VAC25-260-50, 9VAC25-260-140, 9VAC25-260-185, 9VAC25-260-187, 9VAC25-260-310, 9VAC25-260-390, 9VAC25-260-400, 9VAC25-260-410, 9VAC25-260-420, 9VAC25-260-440, 9VAC25-260-470, 9VAC25-260-500.

Statutory Authority: § 62.1-44.15 of the Code of Virginia; Clean Water Act (33 USC § 1251 et seq.); 40 CFR Part 131.

On August 25, 2022, the State Water Control Board adopted revisions to the Water Quality Standards in 9VAC25-260-50, 9VAC25-260-140, 9VAC25-260-185, 9VAC25-260-187, 9VAC25-260-310, 9VAC25-260-390, 9VAC25-260-400, 9VAC25-260-410, 9VAC25-260-420, 9VAC25-260-440, 9VAC25-260-470, and 9VAC25-260-500. These revisions relate to water quality criteria, use designations, antidegradation, and other policies related to water quality. The amendments were published in final form on December 19, 2022, Volume 39, Issue 9 of the Virginia Register to be effective upon filing notice of U.S. Environmental Protection Agency (EPA) approval with the Registrar of Regulations. The State Water Control Board has previously received a letter from Catherine A. Libertz, EPA Region III Water Division Director, dated April 14, 2023, approving all of the amendments except for an amendment to 9VAC25-260-140 B for freshwater aluminum criteria for the protection of aquatic life. These specific amendments, excluding the amendments relating to freshwater aluminum criteria, became effective on April 18, 2023.

By letter dated June 24, 2024, EPA has notified the State Water Control Board that it has completed its obligations under § 7 of the Endangered Species Act (16 USC § 1536) with respect to the freshwater aluminum criteria. EPA has approved the amendment in 9VAC25-260-140 B for freshwater aluminum. Notification of EPA's approval has been provided to the Registrar of Regulations, and the effective date for the amendments to 9VAC25-260-140 B for freshwater aluminum is June 26, 2024.

Copies are available online at https://www.deq.virginia.gov/our-programs/water/water-quality/standards, by calling 804-774-9180, or by written request or email request to the agency contact.

Effective Date: June 26, 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, FAX (804) 698-4178, or email david.whitehurst@deq.virginia.gov.