Vol. 33 Iss. 10 - January 09, 2017

Chapter 860
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 9VAC25-860, General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Potable Water Treatment Plants. The purpose of the proposed action is to establish appropriate and necessary permitting requirements for discharges of wastewater from potable water treatment plants. The proposed regulation will set forth standard language for effluent limitations and monitoring requirements necessary to regulate this category of dischargers. These discharges are considered to be point sources of pollutants and thus are subject to regulation under the VPDES permit program. The permit regulation specifies requirements that protect water quality below the discharge and that is essential to protect the health, safety, or welfare of citizens.

The primary issue that needs to be addressed is that the existing general permit expires on June 30, 2018, and must be reissued in order to continue making it available after that date. Other issues that need consideration are: whether authorization to discharge should consider facilities with groundwater contamination, whether the registration statement requirements need to be clarified, whether the numerical limits and special conditions are still appropriate, whether land application requirements for water treatment residuals should be added, and whether the whole effluent toxicity requirements need to be adjusted. The regulation will also be reviewed for clarity based on questions raised during the implementation of the 2013 permit, if any additional conditions or other revisions are needed to make the potable water treatment plant general permit consistent with other types of general permits reissued since 2013, or any other issues raised during public comment and technical advisory committee discussions.

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 of this regulation 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 economic 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; (v) overlaps, duplicates, or conflicts with federal or state law or regulation; and (vi) whether 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.

Public Comment Deadline: February 8, 2017.

Agency Contact: Elleanore Daub, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4067, FAX (804) 698-4032, TTY (804) 698-4021, or email

VA.R. Doc. No. R17-5011; Filed December 16, 2016, 8:37 a.m.