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 9VAC25-820, General Virginia Pollutant Discharge Elimination System (VPDES) Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia. The purpose of the proposed action is to amend and reissue the existing general permit, which expires on December 31, 2026. This general permit regulation governs facilities holding individual VPDES permits that discharge or propose to discharge total nitrogen, total phosphorus, or both to the Chesapeake Bay or its tributaries. The facilities are authorized to discharge to surface waters and exchange credits for total nitrogen, total phosphorus, or both. Nitrogen and phosphorus are both nutrients. The nutrient load limits, monitoring requirements, and special conditions of the general permit will be reviewed to ensure that the permit is still protective of water quality. Amendments may be identified following the submittal of public comments on this Notice of Intended Regulatory Action and by the technical advisory committee during deliberations of this general permit regulation.

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: September 11, 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.