Vol. 35 Iss. 13 - February 18, 2019

Chapter 115
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 9VAC25-115, General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Seafood Processing Facilities. The purpose of the proposed action is to amend and reissue the existing general permit that expires on July 23, 2021. This general permit regulation establishes limitations, monitoring requirements, and other special conditions for point source discharge of seafood processing wastewater from seafood processing facilities, including seafood processing sites operating under Standard Industrial Classification codes 2091 and 2092 (Canned and Cured Fish and Seafood and Prepared Fish or Frozen Fish and Seafoods), to surface waters in order to maintain surface water quality. Issues that may need to be addressed include (i) updating the stormwater management requirements, (ii) determining whether other types of seafood processing or any total maximum daily load requirements need to be added to the general permit, and (iii) determining whether the operations and maintenance manual should address shellfish cage cleaning. Amendments may be identified following the submission of public comments on this notice and by the technical advisory committee during consideration of this general permit regulation.

In addition, pursuant to Executive Order 14 (as amended, July 16, 2018) and § 2.2-4007.1 of the Code of Virginia, the State Water Control Board 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; (ii) minimizes the economic impact on small businesses consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

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: March 20, 2019.

Agency Contact: Elleanore Daub, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4111, FAX (804) 698-4032, or email

VA.R. Doc. No. R19-5819; Filed January 30, 2019, 11:39 a.m.