Vol. 28 Iss. 1 - September 12, 2011

Chapter 260
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 9VAC25-260, Water Quality Standards. The purpose of the proposed action is to consider amending site specific numeric chlorophyll criteria for the tidal James River. The intent of this rulemaking is to protect designated and beneficial uses of the tidal James River by amending or adopting regulations that are technically correct, reasonable, and necessary. These standards will be used in setting Virginia Pollutant Discharge Elimination System Permit limits and for evaluating the waters of the Commonwealth for inclusion in the Clean Water Act § 305(b) report and on the § 303(d) list. Amending the chlorophyll criteria for the tidal James River may result in amending that portion of the December 2010 Chesapeake Bay total maximum daily load allocations for nitrogen, phosphorus, and sediment in the James River basin. This rulemaking is warranted given the addition of new information related to algal communities and their relationship to designated and beneficial use. The goals of the new or amended regulation will be to ensure protection of designated and beneficial uses of the tidal James River through the best science and regulatory approaches.

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; federal Clean Water Act (33 USC § 1251 et seq.); 40 CFR Part 131.

Public Comment Deadline: October 12, 2011.

Agency Contact: David C. Whitehurst, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4121, FAX (804) 698-4116, or email

VA.R. Doc. No. R12-2932; Filed August 23, 2011, 9:35 a.m.