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 9VAC25-196, General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Noncontact Cooling Water Discharges of 50,000 Gallons per Day or Less. The purpose of the proposed action is to amend and reissue the existing general permit that expires March 1, 2018. The general permit regulation governs point source discharges of 50,000 gallons per day or less of noncontact cooling water and cooling equipment blow down to surface waters. This regulatory action is needed for existing facilities to be covered under this general permit regulation. Other issues that need consideration are effluent limitations, clarification of definitions, review of water quality standards, municipal separate storm sewer system notification requirements, potential expansion of coverage to facilities with discharges greater than 50,000 gallons per day, and any other issues that arise as a result of this notice and during technical advisory committee meetings.

In addition, pursuant to Executive Order 17 (2014) and § 2.2-4007.1 of the Code of Virginia, the agency is conducting a periodic review and small business impact review to determine whether this regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; (iii) is designed to achieve its intended objective in the most efficient, cost-effective manner; (iv) is clearly written and easily understandable; and (v) overlaps, duplicates, or conflicts with federal or state law or regulation. Additional consideration will be given to the degree to which technology, economic conditions, or other factors have changed in the area affected by the regulation since the last review.

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: June 29, 2016.

Agency Contact: Matthew Richardson, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4195, FAX (804) 698-4032, or email matthew.richardson@deq.virginia.gov.