Vol. 36 Iss. 11 - January 20, 2020

Chapter 820
Notice of Intended Regulatory Action

EDITOR'S NOTICE: The State Water Control Board has extended the public comment deadline until February 19, 2020, for the Notice of Intended Regulatory Action previously published in 36:7 VA.R. 986 November 25, 2019. The notice is republished here.

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 9VAC25-720, Water Quality Management Planning Regulation and 9VAC25-820, General Virginia Pollutant Discharge Elimination System (VPDES) Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia. The Water Quality Management Planning Regulation (9VAC25-720) includes wasteload allocations for dischargers of pollutants to various river basins throughout the Commonwealth of Virginia including total nitrogen (TN) and total phosphorus (TP) wasteload allocations necessary for the restoration of water quality in the Chesapeake Bay and its tidal tributaries. The purpose of the proposed action is to amend 9VAC25-720-50 C (Potomac-Shenandoah River Basin), 9VAC25-720-60 C (James River Basin), 9VAC25-720-70 C (Rappahannock River Basin), 9VAC25-720-110 C (Chesapeake Bay – Small Coastal – Eastern Shore River Basin), and 9VAC25-720-120 C (York River Basin) to (i) establish TN and TP wasteload allocations to meet revised water quality criteria for Chlorophyll-a in the tidal James River Basin; (ii) reallocate any unneeded significant industrial discharger allocations to other facilities registered under the General Virginia Pollutant Discharge Elimination System Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia (9VAC25-820) or reserve any unneeded allocations for future use; and (iii) establish floating wasteload allocations for significant municipal dischargers based on the average daily flow treated by the facility in a given year and nutrient concentrations of 4.0 mg/l TN and 0.30 mg/l TP. Existing "primary" wasteload allocations will remain, and in any given year the facility will be required to meet the lesser of the primary or floating allocations. Facilities with special circumstances could be assigned alternative floating wasteload allocations or possibly no floating wasteload allocation. The board may consider exempting a subset of the smallest significant dischargers that in aggregate represent a minor percentage of the expected load reductions from this regulatory action. Special consideration may also be appropriate for treatment plants that reclaim and reuse a significant portion of their wastewater flow. The board may, if necessary to implement amendments to 9VAC25-720, also propose amendments to 9VAC25-820.

In addition, pursuant to Executive Order 14 (as amended, July 16, 2018) and § 2.2-4007.1 of the Code of Virginia, the agency is conducting a periodic review and small business impact review of 9VAC25-720 to determine whether this regulation should be repealed, 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; 33 USC § 1313(e) of the Clean Water Act.

Public Comment Deadline: February 19, 2020.

Agency Contact: Gary E. Graham, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 689-4103, FAX (804) 698-4319, or email

VA.R. Doc. No. R20-6191; Filed January 2, 2020, 9:53 a.m.