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, 9VAC25-720-70).
Statutory Authority: § 62.1-44.15 of the Code of Virginia; 33 USC § 1313(e) of the Clean Water Act.
Effective Date: September 25, 2024.
Agency Contact: Mark Richards, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4392, or email mark.richards@deq.virginia.gov.
Background: The Clean Water Act (CWA) (33 USC § 1251 et seq.) 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 a pollutant and calculate the pollutant loads from each source, which is necessary for the attainment of a water quality standard. 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) nine new TMDL WLAs in the James River Basin and (ii) one new TMDL WLA in the Rappahannock River Basin.
9VAC25-720-60. James River Basin.
A. Total maximum daily loads (TMDLs).
|
TMDL #
|
Stream Name
|
TMDL Title
|
City/County
|
WBID
|
Pollutant
|
WLA1
|
Units
|
|
EDITOR'S NOTE: Rows 1 through 184 of 9VAC25-720-60 are not amended; therefore, the text of those rows is not set out.
|
|
185.
|
Bailey Creek
|
Benthic TMDL Development for Bailey Creek, Nuttree Branch, Oldtown Creek, Proctors Creek, Rohoic Creek, and Swift Creek Watersheds Located in Chesterfield, Dinwiddie, and Prince George Counties and Cities of Hopewell, Colonial Heights, and Petersburg
|
Prince George, Hopewell
|
G03R
|
Sediment
|
424,000
|
lbs/yr
|
|
186.
|
Nuttree Branch
|
Benthic TMDL Development for Bailey Creek, Nuttree Branch, Oldtown Creek, Proctors Creek, Rohoic Creek, and Swift Creek Watersheds Located in Chesterfield, Dinwiddie, and Prince George Counties and Cities of Hopewell, Colonial Heights, and Petersburg
|
Chesterfield
|
J17R
|
Sediment
|
303,000
|
lbs/yr
|
|
187.
|
Oldtown Creek
|
Benthic TMDL Development for Bailey Creek, Nuttree Branch, Oldtown Creek, Proctors Creek, Rohoic Creek, and Swift Creek Watersheds Located in Chesterfield, Dinwiddie, and Prince George Counties and Cities of Hopewell, Colonial Heights, and Petersburg
|
Chesterfield, Colonial Heights
|
J15R
|
Sediment
|
253,000
|
lbs/yr
|
|
188.
|
Oldtown Creek
|
Benthic TMDL Development for Bailey Creek, Nuttree Branch, Oldtown Creek, Proctors Creek, Rohoic Creek, and Swift Creek Watersheds Located in Chesterfield, Dinwiddie, and Prince George Counties and Cities of Hopewell, Colonial Heights, and Petersburg
|
Chesterfield, Colonial Heights
|
J15R
|
Phosphorous
|
404
|
lbs/yr
|
|
189.
|
Proctors Creek
|
Benthic TMDL Development for Bailey Creek, Nuttree Branch, Oldtown Creek, Proctors Creek, Rohoic Creek, and Swift Creek Watersheds Located in Chesterfield, Dinwiddie, and Prince George Counties and Cities of Hopewell, Colonial Heights, and Petersburg
|
Chesterfield
|
G01R
|
Sediment
|
573,000
|
lbs/yr
|
|
190.
|
Rohoic Creek
|
Benthic TMDL Development for Bailey Creek, Nuttree Branch, Oldtown Creek, Proctors Creek, Rohoic Creek, and Swift Creek Watersheds Located in Chesterfield, Dinwiddie, and Prince George Counties and Cities of Hopewell, Colonial Heights, and Petersburg
|
Dinwiddie, Petersburg
|
J15R
|
Sediment
|
377,000
|
lbs/yr
|
|
191.
|
Rohoic Creek
|
Benthic TMDL Development for Bailey Creek, Nuttree Branch, Oldtown Creek, Proctors Creek, Rohoic Creek, and Swift Creek Watersheds Located in Chesterfield, Dinwiddie, and Prince George Counties and Cities of Hopewell, Colonial Heights, and Petersburg
|
Dinwiddie, Petersburg
|
J15R
|
Phosphorous
|
426
|
lbs/yr
|
|
192.
|
Swift Creek
|
Benthic TMDL Development for Bailey Creek, Nuttree Branch, Oldtown Creek, Proctors Creek, Rohoic Creek, and Swift Creek Watersheds Located in Chesterfield, Dinwiddie, and Prince George Counties and Cities of Hopewell, Colonial Heights, and Petersburg
|
Chesterfield, Powhatan
|
J17R
|
Sediment
|
2,870,000
|
lbs/yr
|
|
193.
|
Swift Creek
|
Benthic TMDL Development for Bailey Creek, Nuttree Branch, Oldtown Creek, Proctors Creek, Rohoic Creek, and Swift Creek Watersheds Located in Chesterfield, Dinwiddie, and Prince George Counties and Cities of Hopewell, Colonial Heights, and Petersburg
|
Chesterfield, Powhatan
|
J17R
|
Phosphorous
|
3,145
|
lbs/yr
|
|
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.
|
EDITOR'S NOTE: Subsections B and C of 9VAC25-720-60 are not amended; therefore, the text of those subsections is not set out.
9VAC25-720-70. Rappahannock River Basin.
A. Total maximum daily loads (TMDLs).
|
TMDL #
|
Stream Name
|
TMDL Title
|
City/County
|
WBID
|
Pollutant
|
WLA1
|
Units
|
|
EDITOR'S NOTE: Rows 1 through 82 of 9VAC25-720-70 are not amended; therefore, the text of those rows is not set out.
|
|
83.
|
Mountain Run
|
PCB Total Maximum Daily Load Development for Mountain Run, Culpeper County, Virginia
|
Culpeper
|
E09R
|
PCBs
|
2,775
|
mg/year
|
|
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.
2There were no point source dischargers in the modeled TMDL area.
|
EDITOR'S NOTE: Subsections B and C of 9VAC25-720-70 are not amended; therefore, the text of those subsections is not set out.
VA.R. Doc. No. R25-7819; Filed July 24, 2024