TITLE 9. ENVIRONMENT
REGISTRAR'S NOTICE: The State Water Control Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 14 of the Code of Virginia, which exempts adoption, amendment, or repeal of wasteload allocations by the State Water Control Board pursuant to State Water Control Law (§ 62.1-44.2 et seq. of the Code of Virginia) if the board (i) provides public notice in the Virginia Register; (ii) if requested by the public during the initial public notice 30-day comment period, forms an advisory group composed of relevant stakeholders; (iii) receives and provides summary response to written comments; and (iv) conducts at least one public meeting.
Title of Regulation: 9VAC25-720. Water Quality Management Planning Regulation (amending 9VAC25-720-50, 9VAC25-720-60, 9VAC25-720-70).
Statutory Authority: § 62.1-44.15 of the Code of Virginia; 33 USC § 1313(e) of the Clean Water Act.
Effective Date: September 4, 2019.
Agency Contact: Mark Richards, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4392, FAX (804) 698-4032, or email mark.richards@deq.virginia.gov.
Summary:
The amendments to the state's Water Quality Management Planning Regulation (9VAC25-720) include (i) revising three total maximum daily load (TMDL) wasteload allocations in the Potomac-Shenandoah River Basin, (ii) adding 10 new TMDL wasteload allocations in the James River Basin, and (iii) adding 10 new TMDL wasteload allocations in the Rappahannock River Basin.
9VAC25-720-50. Potomac-Shenandoah River Basin.
A. Total maximum daily loads (TMDLs).
TMDL # | Stream Name | TMDL Title | City/County | WBID | Pollutant | WLA1 | Units |
1. | Muddy Creek, Dry River, and tributaries to North River | Nitrate TMDL Development for Muddy Creek/Dry River, Virginia | Rockingham | B21R, B22R | Nitrate | 49,389.00 | LB/YR |
2. | Blacks Run | TMDL Development for Blacks Run and Cooks CreekRevision of the Benthic Total Maximum Daily Load (TMDL) Developed for the Blacks Run and Cooks Creek Watershed Located in the City of Harrisonburg and Rockingham County
| Rockingham, City of Harrisonburg | B25RB26R
| Sediment | 32,844.001,310,000
| LB/YR |
3. | Cooks Creek | TMDL Development for Blacks Run and Cooks CreekRevision of the Benthic Total Maximum Daily Load (TMDL) Developed for the Blacks Run and Cooks Creek Watershed Located in the City of Harrisonburg and Rockingham County
| Rockingham | B25R | Sediment | 69,301.001,543,000
| LB/YR |
4. | Cooks Creek | TMDL Development for Blacks Run and Cooks CreekRevision of the Benthic Total Maximum Daily Load (TMDL) Developed for the Blacks Run and Cooks Creek Watershed Located in the City of Harrisonburg and Rockingham County
| Rockingham | B25R | Phosphorus | 02,060
| LB/YR |
EDITOR'S NOTE: Rows numbered 5 through 218 in this TMDL table in subsection A of 9VAC25-720-50 are not amended; therefore, the text of those rows is not set out. |
Notes:
1The total WLA can be increased prior to modification provided that DEQ tracks these changes for bacteria TMDLs where the permit is consistent with water quality standards for bacteria. 2There were no point source dischargers in the modeled TMDL area. |
EDITOR'S NOTE: Subsections B and C of 9VAC25-720-50 are not amended; therefore, the text of those subsections is not set out.
9VAC25-720-60. James River Basin.
A. Total maximum daily loads (TMDLs).
TMDL # | Stream Name | TMDL Title | City/County | WBID | Pollutant | WLA1 | Units |
EDITOR'S NOTE: Rows numbered 1 through 161 in this TMDL table in subsection A of 9VAC25-720-60 are not amended; therefore, the text of those rows is not set out. |
162. | Sinking Creek | Bacteria and Sediment Total Maximum Daily Load (TMDL) Development for the James River and Tributaries Located in Botetourt and Craig Counties Virginia | Botetourt | I18R | E. coli | 1.17E+9 | counts/year |
163. | Barbours Creek | Bacteria and Sediment Total Maximum Daily Load (TMDL) Development for the James River and Tributaries Located in Botetourt and Craig Counties Virginia | Craig | I22R | E. coli | 2.36E+9 | counts/year |
164. | Lapsley Run | Bacteria and Sediment Total Maximum Daily Load (TMDL) Development for the James River and Tributaries Located in Botetourt and Craig Counties Virginia | Botetourt | I24R | E. coli | 2.45E+8 | counts/year |
165. | Little Patterson Creek | Bacteria and Sediment Total Maximum Daily Load (TMDL) Development for the James River and Tributaries Located in Botetourt and Craig Counties Virginia | Botetourt | I22R | E. coli | 5.38E+8 | counts/year |
166. | Upper Craig Creek | Bacteria and Sediment Total Maximum Daily Load (TMDL) Development for the James River and Tributaries Located in Botetourt and Craig Counties Virginia | Craig | I19R | E. coli | 3.93E+9 | counts/year |
167. | Middle Craig Creek | Bacteria and Sediment Total Maximum Daily Load (TMDL) Development for the James River and Tributaries Located in Botetourt and Craig Counties Virginia | Craig | I22R | E. coli | 1.54E+10 | counts/year |
168. | Lower Craig Creek | Bacteria and Sediment Total Maximum Daily Load (TMDL) Development for the James River and Tributaries Located in Botetourt and Craig Counties Virginia | Botetourt | I22R | E. coli | 2.07E+10 | counts/year |
169. | Catawba Creek | Bacteria and Sediment Total Maximum Daily Load (TMDL) Development for the James River and Tributaries Located in Botetourt and Craig Counties Virginia | Botetourt | I25R | E. coli | 3.00E+9 | counts/year |
170. | James River | Bacteria and Sediment Total Maximum Daily Load (TMDL) Development for the James River and Tributaries Located in Botetourt and Craig Counties Virginia | Botetourt | I18R | E. coli | 4.19E+10 | counts/year |
171. | Catawba Creek | Bacteria and Sediment Total Maximum Daily Load (TMDL) Development for the James River and Tributaries Located in Botetourt and Craig Counties Virginia | Botetourt | I25R | Sediment | 29.44 | tons/year |
Notes:
1The total WLA can be increased prior to modification provided thatDEQthe Department of Environmental Quality tracks these changes for bacteria TMDLs where the permit is consistent with water quality standards for bacteria. 2GS means growing season. |
EDITOR'S NOTE: Subsections B and C of 9VAC25-720-60 are not amended; therefore, the text of those subsections is not set out.
9VAC25-720-70. Rappahannock River Basin.
A. Total maximum daily loads (TMDLs).
TMDL # | Stream Name | TMDL Title | City/County | WBID | Pollutant | WLA1 | Units |
EDITOR'S NOTE: Rows numbered 1 through 72 in this TMDL table in subsection A of 9VAC25-720-70 are not amended; therefore, the text of those rows is not set out. |
73. | Mill Creek | Bacteria Total Maximum Daily Load (TMDL) Development for the Rappahannock River and Tributaries Located in Caroline, Essex, King George, Richmond, and Westmoreland Counties Virginia | Caroline | E21R | E. coli | 1.19E+12 | cfu/year |
74. | Jetts Creek | Bacteria Total Maximum Daily Load (TMDL) Development for the Rappahannock River and Tributaries Located in Caroline, Essex, King George, Richmond, and Westmoreland Counties Virginia | King George | E21R | E. coli | 6.41E+10 | cfu/year |
75. | Portobago Creek | Bacteria Total Maximum Daily Load (TMDL) Development for the Rappahannock River and Tributaries Located in Caroline, Essex, King George, Richmond, and Westmoreland Counties Virginia | Caroline | E21R | E. coli | 1.06E+11 | cfu/year |
76. | Stillwater Creek | Bacteria Total Maximum Daily Load (TMDL) Development for the Rappahannock River and Tributaries Located in Caroline, Essex, King George, Richmond, and Westmoreland Counties Virginia | Essex | E22R | E. coli | 3.50E+10 | cfu/year |
77. | Baylors Creek | Bacteria Total Maximum Daily Load (TMDL) Development for the Rappahannock River and Tributaries Located in Caroline, Essex, King George, Richmond, and Westmoreland Counties Virginia | Essex | E22R | E. coli | 4.72E+10 | cfu/year |
78. | Elmwood Creek | Bacteria Total Maximum Daily Load (TMDL) Development for the Rappahannock River and Tributaries Located in Caroline, Essex, King George, Richmond, and Westmoreland Counties Virginia | Essex | E22R | E. coli | 5.14E+10 | cfu/year |
79. | Peedee Creek, non-tidal | Bacteria Total Maximum Daily Load (TMDL) Development for the Rappahannock River and Tributaries Located in Caroline, Essex, King George, Richmond, and Westmoreland Counties Virginia | Westmoreland | E22R | E. coli | 2.62E+10 | cfu/year |
80. | Unnamed tributary of Peedee Creek | Bacteria Total Maximum Daily Load (TMDL) Development for the Rappahannock River and Tributaries Located in Caroline, Essex, King George, Richmond, and Westmoreland Counties Virginia | Westmoreland | E22R | E. coli | 1.30E+9 | cfu/year |
81. | Peedee Creek, tidal | Bacteria Total Maximum Daily Load (TMDL) Development for the Rappahannock River and Tributaries Located in Caroline, Essex, King George, Richmond, and Westmoreland Counties Virginia | Westmoreland | E22E | Enterococci | 2.07E+10 | cfu/day |
82. | Rappahannock River, tidal | Bacteria Total Maximum Daily Load (TMDL) Development for the Rappahannock River and Tributaries Located in Caroline, Essex, King George, Richmond, and Westmoreland Counties Virginia | Richmond County, Essex | E22E | Enterococci | 3.11E+12 | cfu/day |
Notes:
1The total WLA can be increased prior to modification provided thatDEQthe Department of Environmental Quality tracks these changes for bacteria TMDLs where the permit is consistent with water quality standards for bacteria. 2There were no point source dischargers in the modeled TMDL area. |
EDITOR'S NOTE: Subsections B and C of 9VAC25-720-70 are not amended; therefore, the text of those subsections is not set out. |
VA.R. Doc. No. R19-6035; Filed July 3, 2019, 12:17 p.m.