REGULATIONS
Vol. 41 Iss. 23 - June 30, 2025

TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Chapter 260
Final

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Final Regulation

Title of Regulation: 9VAC25-260. Water Quality Standards (amending 9VAC25-260-310, 9VAC25-260-490).

Statutory Authority: § 62.1-44.15 of the Code of Virginia; 33 USC § 1251 et seq.; 40 CFR 131.

Effective Date: Effective upon the filing of notice of approval by the U.S. Environmental Protection Agency with the Registrar of Regulations.

Agency Contact: David Whitehurst, Water Quality Standards Coordinator, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 774-9180, or email david.whitehurst@deq.virginia.gov.

Summary:

In response to a petition for rulemaking, the amendments incorporate site-specific selenium criteria for the protection of freshwater aquatic life in four streams that are tributaries to Knox Creek in Buchanan County. Changes to the proposed regulation conform the text of Footnote 4 with the U.S. Environmental Protection Agency's most recent iteration of the nationally recommended selenium criterion.

Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

9VAC25-260-310. Special standards and requirements.

The special standards are shown in small letters to correspond to lettering in the basin tables. The special standards are as follows:

EDITOR'S NOTE: Subdivisions a through hh of 9VAC25-260-310 are not amended; therefore, the text of those subsections is not set out.

ii. In the wadeable portions of the mainstem sections of the Shenandoah River, North Fork Shenandoah River, and South Fork Shenandoah River listed in the table in this subdivision, a determination of persistent nuisance filamentous algae impeding the recreation use should be made when exceedances of either of the specified benthic chlorophyll-a concentration thresholds occur in more than one recreation season (May 1 to October 31) in three years. "Wadeable" constitutes a stream that can be crossed and sampled safely during a given sampling event occurring within the recreation season.

Segment

Two-Month Median (mg/m2)

Seasonal Median (mg/m2)

Shenandoah River from its confluence of the North Fork and South Fork Shenandoah Rivers downstream to the Virginia-West Virginia state line

150

100

North Fork Shenandoah River from its confluence with Fort Run downstream to its confluence with the South Fork Shenandoah River

150

100

South Fork Shenandoah River from its confluence with the North and South Rivers downstream to its confluence with the North Fork Shenandoah River

150

100

jj. The selenium chronic criteria for the protection of freshwater aquatic life apply in the following waters:

Knox Creek watershed in Buchanan County [ : ]

(1) Race Fork and tributaries.

(2) Pounding Mill Creek and tributaries.

(3) Right Fork of Lester Fork and tributaries.

(4) Abners Fork and tributaries.

Media Type

Fish Tissue1

Water Column4

Criterion Element

Egg-ovary2

Fish Whole-body or Muscle3

Monthly Average Exposure

Intermittent Exposure5

Magnitude

15.1 mg/kg dw

8.5 mg/kg dw whole-body

or

11.3 mg/kg dw muscle (skinless, boneless filet)

1.5 µg/L in lentic aquatic systems

3.1 µg/L in lotic aquatic systems

WQCint = WQC30-day - Cbkgrnd(1- f int)

fint

Duration

Instantaneous measurement6

Instantaneous measurement6

30 days

Number of days/month with an elevated concentration

Frequency

Not to be exceeded

Not to be
exceeded

Not more than once in three years on average

Not more than once in three years on average

mg/kg dw = milligrams per kilogram dry weight

1. Fish tissue elements are expressed as steady state.

2. Egg-ovary supersedes any whole-body, muscle, or water column element when fish egg-ovary concentrations are measured [ , except as noted in footnote 4 ].

3. Fish whole-body or muscle tissue supersedes water column element when both fish tissue and water concentrations are measured [ , except as noted in footnote 4 ].

4. Water column values are based on dissolved total selenium in water and are derived from fish tissue values via bioaccumulation modeling. [ Water When selenium inputs are increasing, water ] column values are the applicable criterion element in the absence of steady-state condition fish tissue data. In fishless waters, [ selenium concentrations in fish from the nearest downstream waters may be used to assess ] compliance [ may be assessed ] using methods [ provided in consistent with ] Aquatic Life Ambient Water Quality Criterion for Selenium – Freshwater, [ EPA-822-R-16-006, Appendix K: Translation of a Selenium Fish Tissue Criterion Element to a Site-Specific Water Column Value (June 2016) EPA-822-R-21-006 ].

5. Where WQC30-day is the water column monthly element for either lentic (still) or lotic (flowing) waters; Cbkgrnd is the average background selenium concentration; and fint is the fraction of any 30-day period during which elevated selenium concentrations occur, with fint assigned a value [ greater than or equal to ] 0.033 (corresponding to one day).

6. Fish tissue data provide instantaneous point measurements that reflect integrative accumulation of selenium over time and space in fish populations at a given site.

9VAC25-260-490. Tennessee and Big Sandy River Basins (Big Sandy River Subbasin).

SEC.

CLASS

SP. STDS.

SECTION DESCRIPTION

1

IV

All tributaries of Tug Fork in Virginia.

2

IV

All tributaries of Jacobs Fork and Dry Fork in Virginia.

2a

IV

PWS

Crockett Cove, a tributary to Jacobs Fork, from Bishop's raw water intake to its headwaters.

3

IV

jj

Levisa Fork and its tributaries and Knox Creek and its tributaries, unless otherwise designated in this chapter, from the Virginia-Kentucky state line upstream to their headwaters.

V

Stockable Trout Waters in Section 3

vi

Dismal Creek from its mouth to its headwaters.

4

IV

Russell Fork and its tributaries, unless otherwise designated in this chapter, from the Virginia-Kentucky state line upstream to their headwaters.

V

Stockable Trout Waters in Section 4

***

Caney Creek from Long Branch Creek upstream 5.5 miles.

vi

Frying Pan Creek from 1.3 miles above its confluence with Russell Fork 8.6 miles upstream (in vicinity of Bucu).

vi

North Fork Pound River from the town limits of Pound upstream to the water supply dam.

***

Russell Fork from the confluence of Pound River to the Virginia-Kentucky state line.

VI

Natural Trout Waters in Section 4

iii

Pound River from its confluence with Russell Fork upstream to the John W. Flannagan Dam.

4a

IV

PWS

Pound River and its tributaries from the John W. Flannagan Dam, including the Cranes Nest River and its tributaries to points 5 five miles above the John W. Flannagan Water Authority's raw water intake.

4b

IV

PWS

North Fork Pound River and its tributaries from North Fork Pound River Dam and the Town of Pound's raw water intake upstream to their headwaters, unless otherwise designated in this chapter.

4c

(Deleted)

4d

IV

Phillips Creek from its mouth to its headwaters and the North Fork Pound River from Wise County's swimming area around the mouth of Phillips Creek to a point 1/2 mile upstream.

4e

IV

PWS

Russell Fork River and its tributaries from the Kentucky state line 2.2 miles upstream (Elkhorn City, Kentucky raw water intake including Grassy Creek from its confluence with Russell Fork northeast to the Kentucky state line, Hunts Creek from its confluence with Grassy Creek to 1 one mile upstream, Laurel Branch to its headwaters, including Laurel Lake (Breaks Interstate Park raw water intake).

V

Stockable Trout Waters in Section 4e

***

PWS

Russell Fork from the Kentucky state line 2.2 miles upstream.

VA.R. Doc. No. R24-7765; Filed May 28, 2025