TITLE 9. ENVIRONMENT
REGISTRAR'S NOTICE: The following regulatory action is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 4 b of the Code of Virginia, which excludes regulations that are required by order of any state or federal court of competent jurisdiction where no agency discretion is involved. The State Water Control Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 9VAC25-720. Water Quality Management Planning Regulation (amending 9VAC25-720-50).
Statutory Authority: § 62.1-44.15 of the Code of Virginia; 33 USC § 1313(e) of the federal Clean Water Act.
Effective Date: March 2, 2011.
Agency Contact: Alan Pollock, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4002, FAX (804) 698-4116, or email alan.pollock@deq.virginia.gov.
Background:
The Waste Load Allocation for the Frederick-Winchester Service Authority: Opequon Wastewater Treatment Facility (Opequon WRF - VA0065552) found in 9VAC25-720-50 C is being amended based on the advice of legal counsel as settlement of Case No. CL090004007-00, Frederick-Winchester Service Authority (FWSA) v. State Water Control Board and Department of Environmental Quality (DEQ). Settlement of the case establishes allocations for the Opequon Wastewater Treatment Facility based on 3.0 mg/l nitrogen and 0.30 mg/l phosphorus at a design flow of 12.6 MGD, which would result in an allocation of 115,122 lbs/year nitrogen, with an additional 6,792 lbs/year nitrogen for the landfill leachate consolidation, for a total of 121,851 lbs/year nitrogen, and a total of 11,512 lbs/year phosphorus.
In 2005, the State Water Control Board adopted amendments to the Water Quality Management Planning Regulations, 9VAC25-720, to establish waste load allocations (WLA) for discharges of total nitrogen (TN) and total phosphorus (TP) by some 125 significant discharges including the Opequon Water Reclamation Facility (Opequon WRF) based on the design capacity of each plant. In the 2005 rulemaking, the Frederick-Winchester Service Authority (FWSA), which operates the Opequon WRF, requested TN and TP WLAs for the Opequon WRF based on a design flow of 12.6 million gallons per day (MGD) and the board adopted final WLAs based on a design flow of 8.4 MGD.
Following the submittal of a rulemaking petition by FWSA in 2006, the board initiated and conducted a rulemaking from 2007 through 2009 to consider revising the TN and TP WLAs under the regulation for the Opequon WRF. This rulemaking culminated in a board public meeting begun on December 4, 2008, and completed on April 27, 2009, at which the board denied FWSA's request. Following this board action, the FWSA filed a Notice of Appeal with the board and DEQ in May 2009 and a Petition for Appeal with the Circuit Court of the City of Winchester in June 2009 seeking increased WLAs for the Opequon WRF based on the 12.6 MGD design flow, amounting to an increase of 51,091 pounds per year (lbs/yr) of TN and 3,831 lbs/yr of TP.
Following the filing of Motions of Summary Judgment and supporting briefs by both FWSA and the board before the court, the court encouraged the parties to consider settlement, because it presented complex regulatory issues and the court believed that it would be in the parties' respective best interests and the public interest for the parties to attempt to resolve the case by negotiation. The FWSA and the board, with the board acting on the advice of DEQ and legal counsel, reached a compromise that requires stringent treatment by the Opequon WRF while also allowing FWSA the full use of the facility's recently completed expansion to 12.6 MGD design flow.
The board, at its meeting on September 27-28, 2010, based on the advice of legal counsel, approved a settlement of the case that would establish allocations for the Opequon WRF based on 3.0 mg/l nitrogen and 0.30 mg/l phosphorus at a design flow of 12.6 MGD. The board also authorized DEQ to public notice the approved settlement and to receive comments. DEQ received comments from the Chesapeake Bay Foundation (CBF) related to the approved settlement. Copies of the comments made by CBF have been distributed previously to the board, the FWSA, and the court.
Upon consideration of the pleadings, the arguments of counsel, the comments of the Chesapeake Bay Foundation, and the purposes of the State Water Control Law, the court found that the proposed settlement, approved by the board, is fair, adequate, and reasonable and that it is not illegal, a product of collusion, or against the public interest. The court also found that the proposed decree is a reasoned compromise that considered the legitimate interests of FWSA and the public it serves, and implements the duty of the board to protect the quality of state waters.
In a Consent Decree dated October 19, 2010, the court decreed that:
"Notwithstanding the 2005 and 2009 Rulemakings and the typical concentration basis for 4 milligrams per liter (mg/l) for TN WLAs in the Opequon WRF's river basin, the TN and TP WLAs allocations for the Opequon WRF shall be increased to credit the WRF for its current 12.6 MGD design capacity while applying more stringent, state-of-the-art treatment, as follows:
a. The TN WLA based on the Opequon WRF's design capacity shall be increased from 102,311 lbs/yr to 115,122 lbs/yr (derived based on 3 mg/l of TN and 12.6 MGD).
b. The TP WLA based on the Opequon WRF's design capacity shall be increased from 7,675 lbs/yr to 11,512 lbs/yr (derived based on 0.3 mg/l of TP and 12.6 MGD).
c. Such increases result in the stated final WLAs for the Opequon WRF, which shall be in addition to any allocations or increases acquired or which may be acquired by the Opequon WRF in accordance with applicable laws and regulations pertaining to nutrient credit exchanges or offsets. As of the date of this decree, the Opequon WFR has acquired additional allocation for TN in the amount of 6,729 lbs/yr by means of a landfill leachate consolidation and treatment project. Thus upon entry of this decree, the Opequon WRF's TN WLA shall be 121,851 lbs/yr.
d. The Board shall forthwith amend the Regulation pursuant to CODE 2.2-4006.A.4.b to conform to the WLAs required by subparagraphs a through c of this decree."
Summary:
The amendments to 9VAC25-720-50 C revise the waste load allocation for the Opequon WRF to 121,851 lbs/year nitrogen (115,122 lbs/year plus the already allocated 6,729 lbs/year for the landfill leachate consolidation) and 11,512 lbs/year phosphorus.
9VAC25-720-50. Potomac-Shenandoah River Basin.
A. Total Maximum Daily Load (TMDLs).
| TMDL # | Stream Name | TMDL Title | City/County | WBID | Pollutant | WLA | Units |
| 1. | Muddy Creek | Nitrate TMDL Development for Muddy Creek/Dry River, Virginia | Rockingham | B21R | Nitrate | 49,389.00 | LB/YR |
| 2. | Blacks Run | TMDL Development for Blacks Run and Cooks Creek | Rockingham | B25R | Sediment | 32,844.00 | LB/YR |
| 3. | Cooks Creek | TMDL Development for Blacks Run and Cooks Creek | Rockingham | B25R | Sediment | 69,301.00 | LB/YR |
| 4. | Cooks Creek | TMDL Development for Blacks Run and Cooks Creek | Rockingham | B25R | Phosphorus | 0 | LB/YR |
| 5. | Muddy Creek | TMDL Development for Muddy Creek and Holmans Creek, Virginia | Rockingham | B22R | Sediment | 286,939.00 | LB/YR |
| 6. | Muddy Creek | TMDL Development for Muddy Creek and Holmans Creek, Virginia | Rockingham | B22R | Phosphorus | 38.00 | LB/YR |
| 7. | Holmans Creek | TMDL Development for Muddy Creek and Holmans Creek, Virginia | Rockingham/
Shenandoah | B45R | Sediment | 78,141.00 | LB/YR |
| 8. | Mill Creek | TMDL Development for Mill Creek and Pleasant Run | Rockingham | B29R | Sediment | 276.00 | LB/YR |
| 9. | Mill Creek | TMDL Development for Mill Creek and Pleasant Run | Rockingham | B29R | Phosphorus | 138.00 | LB/YR |
| 10. | Pleasant Run | TMDL Development for Mill Creek and Pleasant Run | Rockingham | B27R | Sediment | 0.00 | LB/YR |
| 11. | Pleasant Run | TMDL Development for Mill Creek and Pleasant Run | Rockingham | B27R | Phosphorus | 0.00 | LB/YR |
| 12. | Linville Creek | Total Maximum Load Development for Linville Creek: Bacteria and Benthic Impairments | Rockingham | B46R | Sediment | 5.50 | TONS/YR |
| 13. | Quail Run | Benthic TMDL for Quail Run | Rockingham | B35R | Ammonia | 7,185.00 | KG/YR |
| 14. | Quail Run | Benthic TMDL for Quail Run | Rockingham | B35R | Chlorine | 27.63 | KG/YR |
| 15. | Shenandoah River | Development of Shenandoah River PCB TMDL (South Fork and Main Stem) | Warren & Clarke | B41R B55R B57R B58R | PCBs | 179.38 | G/YR |
| 16. | Shenandoah River | Development of Shenandoah River PCB TMDL (North Fork) | Warren & Clarke | B51R | PCBs | 0.00 | G/YR |
| 17. | Shenandoah River | Development of Shenandoah River PCB TMDL (Main Stem) | Warren & Clarke | WV | PCBs | 179.38 | G/YR |
| 18. | Cockran Spring | Benthic TMDL Reports for Six Impaired Stream Segments in the Potomac-Shenandoah and James River Basins | Augusta | B10R | Organic Solids | 1,556.00 | LB/YR |
| 19. | Lacey Spring | Benthic TMDL Reports for Six Impaired Stream Segments in the Potomac-Shenandoah and James River Basins | Rockingham | B47R | Organic Solids | 680.00 | LB/YR |
| 20. | Orndorff Spring | Benthic TMDL Reports for Six Impaired Stream Segments in the Potomac-Shenandoah and James River Basins | Shenandoah | B52R | Organic Solids | 103.00 | LB/YR |
| 21. | Toms Brook | Benthic TMDL for Toms Brook in Shenandoah County, Virginia | Shenandoah | B50R | Sediment | 8.1 | T/YR |
| 22. | Goose Creek | Benthic TMDLs for the Goose Creek Watershed | Loudoun, Fauquier | A08R | Sediment | 1,587 | T/YR |
| 23. | Little River | Benthic TMDLs for the Goose Creek Watershed | Loudoun | A08R | Sediment | 105 | T/YR |
| 24. | Christians Creek | Fecal Bacteria and General Standard Total Maximum Daily Load Development for Impaired Streams in the Middle River and Upper South River Watersheds, Augusta County, VA | Augusta | B14R | Sediment | 145 | T/YR |
| 25. | Moffett Creek | Fecal Bacteria and General Standard Total Maximum Daily Load Development for Impaired Streams in the Middle River and Upper South River Watersheds, Augusta County, VA | Augusta | B13R | Sediment | 0 | T/YR |
| 26. | Upper Middle River | Fecal Bacteria and General Standard Total Maximum Daily Load Development for Impaired Streams in the Middle River and Upper South River Watersheds, Augusta County, VA | Augusta | B10R | Sediment | 1.355 | T/YR |
| 27. | Mossy Creek | Total Maximum Daily Load Development for Mossy Creek and Long Glade Run: Bacteria and General Standard (Benthic) Impairments | Rockingham | B19R | Sediment | 0.04 | T/YR |
| 28. | Smith Creek | Total Maximum Daily Load (TMDL) Development for Smith Creek | Rockingham, Shenandoah | B47R | Sediment | 353,867 | LB/YR |
| 29. | Abrams Creek | Opequon Watershed TMDLs for Benthic Impairments: Abrams Creek and Lower Opequon Creek, Frederick and Clarke counties, Virginia | Frederick | B09R | Sediment | 478 | T/YR |
| 30. | Lower Opequon Creek | Opequon Watershed TMDLs for Benthic Impairments: Abrams Creek and Lower Opequon Creek, Frederick and Clarke counties, Virginia | Frederick, Clarke | B09R | Sediment | 1,039 | T/YR |
| 31. | Mill Creek | Mill Creek Sediment TMDL for a Benthic Impairment, Shenandoah County, Virginia | Shenandoah | B48R | Sediment | 0.9 | T/YR |
| 32. | South Run | Benthic TMDL Development for South Run, Virginia | Fauquier | A19R | Phosphorus | 0.038 | T/YR |
| 33. | Lewis Creek | Total Maximum Daily Load Development for Lewis Creek, General Standard (Benthic) | Augusta | B12R | Sediment | 40 | T/YR |
| 34. | Lewis Creek | Total Maximum Daily Load Development for Lewis Creek, General Standard (Benthic) | Augusta | B12R | Lead | 0 | KG/YR |
| 35. | Lewis Creek | Total Maximum Daily Load Development for Lewis Creek, General Standard (Benthic) | Augusta | B12R | PAHs | 0 | KG/YR |
| 36. | Bull Run | Total Maximum Daily Load Development for Lewis Creek, General Standard (Benthic) | Loudoun, Fairfax, and Prince William counties, and the Cities of Manassas and Manassas Park | A23R-01 | Sediment | 5,986.8 | T/TR |
| 37. | Popes Head Creek | Total Maximum Daily Load Development for Lewis Creek, General Standard (Benthic) | Fairfax County and Fairfax City | A23R-02 | Sediment | 1,594.2 | T/YR |
| 38. | Accotink Bay | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Fairfax | A15R | PCBs | 0.0992 | G/YR |
| 39. | Aquia Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Stafford | A28E | PCBs | 6.34 | G/YR |
| 40. | Belmont Bay/
Occoquan Bay | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Prince William | A25E | PCBs | 0.409 | G/YR |
| 41. | Chopawamsic Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Prince William | A26E | PCBs | 1.35 | G/YR |
| 42. | Coan River | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Northumberland | A34E | PCBs | 0 | G/YR |
| 43. | Dogue Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Fairfax | A14E | PCBs | 20.2 | G/YR |
| 44. | Fourmile Run | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Arlington | A12E | PCBs | 11 | G/YR |
| 45. | Gunston Cove | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Fairfax | A15E | PCBs | 0.517 | G/YR |
| 46. | Hooff Run & Hunting Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Fairfax | A13E | PCBs | 36.8 | G/YR |
| 47. | Little Hunting Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Fairfax | A14E | PCBs | 10.1 | G/YR |
| 48. | Monroe Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Fairfax | A31E | PCBs | .0177 | G/YR |
| 49. | Neabsco Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Prince William | A25E | PCBs | 6.63 | G/YR |
| 50. | Occoquan River | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Prince William | A25E | PCBs | 2.86 | G/YR |
| 51. | Pohick Creek/Pohick Bay | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Fairfax | A16E | PCBs | 13.5 | G/YR |
| 52. | Potomac Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Stafford | A29E | PCBs | 0.556 | G/YR |
| 53. | Potomac River, Fairview Beach | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | King George | A29E | PCBs | 0.0183 | G/YR |
| 54. | Powells Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Prince William | A26R | PCBs | 0.0675 | G/YR |
| 55. | Quantico Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Prince William | A26R | PCBs | 0.742 | G/YR |
| 56. | Upper Machodoc Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | King George | A30E | PCBs | 0.0883 | G/YR |
| 57. | Difficult Creek | Benthic TMDL Development for Difficult Run, Virginia | Fairfax | A11R | Sediment | 3,663.2 | T/YR |
| 58. | Abrams Creek | Opequon Watershed TMDLs for Benthic Impairments | Frederick and Clark | B09R | Sediment | 1039 | T/YR |
| 59. | Lower Opequon | Opequon Watershed TMDLs for Benthic Impairments | Frederick and Clark | B09R | Sediment | 1039 | T/YR |
B. Non-TMDL waste load allocations.
| Water Body | Permit No. | Facility Name | Outfall No. | Receiving Stream | River Mile | Parameter Description | WLA | Units WLA |
| VAV-B02R | VA0023281 | Monterey STP | 001 | West Strait Creek | 3.85 | CBOD5 | 11.4 | KG/D |
| VAV-B08R | VA0065552 | Opequon Water Reclamation Facility | 001 | Opequon Creek | 32.66 | BOD5, JUN-NOV | 207 | KG/D |
| | | AKA Winchester - Frederick Regional | | | | CBOD5, DEC-MAY | 1514 | KG/D |
| VAV-B14R | VA0025291 | Fishersville Regional STP | 001 | Christians Creek | 12.36 | BOD5 | 182 | KG/D |
| VAV-B23R | VA0060640 | North River WWTF | 001 | North River | 15.01 | CBOD5, JAN-MAY | 700 | KG/D |
| | 7.23.04 | AKA Harrisonburg - Rockingham Reg. Sewer Auth. | | | | CBOD5, JUN-DEC | 800 | KG/D |
| TKN, JUN-DEC | 420 | KG/D |
| TKN, JAN-MAY | 850 | KG/D |
| VAV-B32R | VA0002160 | INVISTA - Waynesboro Formerly Dupont - Waynesboro | 001 | South River | 25.3 | BOD5 | 272 | KG/D |
| VAV-B32R | VA0025151 | Waynesboro STP | 001 | South River | 23.54 | CBOD5 | 227 | KG/D |
| CBOD5, JUN-OCT | 113.6 | KG/D |
| VAV-B32R | VA0028037 | Skyline Swannanoa STP | 001 | South River UT | 2.96 | BOD5 | 8.5 | KG/D |
| VAV-B35R | VA0024732 | Massanutten Public Service STP | 001 | Quail Run | 5.07 | BOD5 | 75.7 | KG/D |
| VAV-B37R | VA0002178 | Merck & Company | 001 | S.F. Shenandoah River | 88.09 | BOD5 | 1570 | KG/D |
| AMMONIA, AS N | 645.9 | KG/D |
| VAV-B49R | VA0028380 | Stoney Creek Sanitary District STP | 001 | Stoney Creek | 19.87 | BOD5, JUN-NOV | 29.5 | KG/D |
| VAV-B53R | VA0020982 | Middletown STP | 001 | Meadow Brook | 2.19 | CBOD5 | 24.0 | KG/D |
| VAV-B58R | VA0020532 | Berryville STP | 001 | Shenandoah River | 24.23 | CBOD5 | 42.6 | KG/D |
C. Nitrogen and phosphorus waste load allocations to restore the Chesapeake Bay and its tidal rivers. The following table presents nitrogen and phosphorus waste load allocations for the identified significant dischargers and the total nitrogen and total phosphorus waste load allocations for the listed facilities.
| Virginia Waterbody ID | Discharger Name | VPDES Permit No. | Total Nitrogen (TN) Waste Load Allocation (lbs/yr) | Total Phosphorus (TP) Waste Load Allocation (lbs/yr) |
| B37R | Coors Brewing Company | VA0073245 | 54,820 | 4,112 |
| B14R | Fishersville Regional STP | VA0025291 | 48,729 | 3,655 |
| B32R | INVISTA - Waynesboro (Outfall 101) | VA0002160 | 78,941 | 1,009 |
| B39R | Luray STP | VA0062642 | 19,492 | 1,462 |
| B35R | Massanutten PSA STP | VA0024732 | 18,273 | 1,371 |
| B37R | Merck - Stonewall WWTP (Outfall 101) (10) | VA0002178 | 14,619 | 1,096 |
| B12R | Middle River Regional STP | VA0064793 | 82,839 | 6,213 |
| B23R | North River WWTF (2) | VA0060640 | 253,391 | 19,004 |
| B22R | VA Poultry Growers -Hinton | VA0002313 | 27,410 | 1,371 |
| B38R | Pilgrims Pride - Alma | VA0001961 | 18,273 | 914 |
| B31R | Stuarts Draft WWTP | VA0066877 | 48,729 | 3,655 |
| B32R | Waynesboro STP | VA0025151 | 48,729 | 3,655 |
| B23R | Weyers Cave STP | VA0022349 | 6,091 | 457 |
| B58R | Berryville STP | VA0020532 | 8,528 | 640 |
| B55R | Front Royal STP | VA0062812 | 48,729 | 3,655 |
| B49R | Georges Chicken LLC | VA0077402 | 31,065 | 1,553 |
| B48R | Mt. Jackson STP (3) | VA0026441 | 8,528 | 640 |
| B45R | New Market STP | VA0022853 | 6,091 | 457 |
| B45R | North Fork (SIL) WWTF | VA0090263 | 23,390 | 1,754 |
| B49R | Stoney Creek SD STP | VA0028380 | 7,309 | 548 |
| B50R | North Fork Regional WWTP (1) | VA0090328 | 9,137 | 685 |
| B51R | Strasburg STP | VA0020311 | 11,939 | 895 |
| B50R | Woodstock STP | VA0026468 | 24,364 | 1,827 |
| A06R | Basham Simms WWTF (4) | VA0022802 | 18,273 | 1,371 |
| A09R | Broad Run WRF (5) | VA0091383 | 134,005 | 3,350 |
| A08R | Leesburg WPCF | MD0066184 | 121,822 | 9,137 |
| A06R | Round Hill Town WWTF | VA0026212 | 9,137 | 685 |
| A25R | DSC - Section 1 WWTF (6) | VA0024724 | 42,029 | 2,522 |
| A25R | DSC - Section 8 WWTF (7) | VA0024678 | 42,029 | 2,522 |
| A25E | H L Mooney WWTF | VA0025101 | 219,280 | 13,157 |
| A22R | UOSA - Centreville | VA0024988 | 1,315,682 | 16,446 |
| A19R | Vint Hill WWTF (8) | VA0020460 | 8,680 | 868 |
| B08R | Opequon WRF (11) | VA0065552 | 102,336 121,851
| 7,675 11,512
|
| B08R | Parkins Mills STP (9) | VA0075191 | 60,911 | 4,568 |
| A13E | Alexandria SA WWTF | VA0025160 | 493,381 | 29,603 |
| A12E | Arlington County Water PCF | VA0025143 | 365,467 | 21,928 |
| A16R | Noman M Cole Jr PCF | VA0025364 | 612,158 | 36,729 |
| A12R | Blue Plains (VA Share) | DC0021199 | 581,458 | 26,166 |
| A26R | Quantico WWTF | VA0028363 | 20,101 | 1,206 |
| A28R | Aquia WWTF | VA0060968 | 73,093 | 4,386 |
| A31E | Colonial Beach STP | VA0026409 | 18,273 | 1,827 |
| A30E | Dahlgren WWTF | VA0026514 | 9,137 | 914 |
| A29E | Fairview Beach | MD0056464 | 1,827 | 183 |
| A30E | US NSWC-Dahlgren WWTF | VA0021067 | 6,578 | 658 |
| A31R | Purkins Corner STP | VA0070106 | 1,096 | 110 |
| | TOTALS: | | 5,156,169 | 246,635 |
NOTE: (1) Shenandoah Co. - North Fork Regional WWTP waste load allocations (WLAs) based on a design flow capacity of 0.75 million gallons per day (MGD). If plant is not certified to operate at 0.75 MGD design flow capacity by December 31, 2010, the WLAs will be deleted and facility removed from Significant Discharger List.
(2) Harrisonburg-Rockingham Regional S.A.-North River STP: waste load allocations (WLAs) based on a design flow capacity of 20.8 million gallons per day (MGD). If plant is not certified to operate at 20.8 MGD design flow capacity by December 31, 2011, the WLAs will decrease to TN = 194,916 lbs/yr; TP = 14,619 lbs/yr, based on a design flow capacity of 16.0 MGD.
(3) Mount Jackson STP: waste load allocations (WLAs) based on a design flow capacity of 0.7 million gallons per day (MGD). If plant is not certified to operate at 0.7 MGD design flow capacity by December 31, 2010, the WLAs will decrease to TN = 7,309 lbs/yr; TP = 548 lbs/yr, based on a design flow capacity of 0.6 MGD.
(4) Purcellville-Basham Simms STP: waste load allocations (WLAs) based on a design flow capacity of 1.5 million gallons per day (MGD). If plant is not certified to operate at 1.5 MGD design flow capacity by December 31, 2010, the WLAs will decrease to TN = 12,182 lbs/yr; TP = 914lbs/yr, based on a design flow capacity of 1.0 MGD.
(5) Loudoun Co. S.A.-Broad Run WRF: waste load allocations (WLAs) based on a design flow capacity of 11.0 million gallons per day (MGD). If plant is not certified to operate at 11.0 MGD design flow capacity by December 31, 2010, the WLAs will decrease to TN = 121,822 lbs/yr; TP = 3,046 lbs/yr, based on a design flow capacity of 10.0 MGD.
(6) Dale Service Corp.-Section 1 WWTF: waste load allocations (WLAs) based on a design flow capacity of 4.6 million gallons per day (MGD). If plant is not certified to operate at 4.6 MGD design flow capacity by December 31, 2010, the WLAs will decrease to TN = 36,547 lbs/yr; TP = 2,193 lbs/yr, based on a design flow capacity of 4.0 MGD.
(7) Dale Service Corp.-Section 8 WWTF: waste load allocations (WLAs) based on a design flow capacity of 4.6 million gallons per day (MGD). If plant is not certified to operate at 4.6 MGD design flow capacity by December 31, 2010, the WLAs will decrease to TN = 36,547 lbs/yr; TP = 2,193 lbs/yr, based on a design flow capacity of 4.0 MGD.
(8) Fauquier Co. W&SA-Vint Hill STP: waste load allocations (WLAs) based on a design flow capacity of 0.95 million gallons per day (MGD). If plant is not certified to operate at 0.95 MGD design flow capacity by December 31, 2011, the WLAs will decrease to TN = 5,482 lbs/yr; TP = 548 lbs/yr, based on a design flow capacity of 0.6 MGD.
(9) Parkins Mill STP: waste load allocations (WLAs) based on a design flow capacity of 5.0 million gallons per day (MGD). If plant is not certified to operate at 5.0 MGD design flow capacity by December 31, 2010, the WLAs will decrease to TN = 36,547 lbs/yr; TP = 2,741 lbs/yr, based on a design flow capacity of 3.0 MGD.
(10) Merck-Stonewall – (a) on January 1, 2011, the following waste load allocations (WLAs) are effective and supersede the existing WLAs: total nitrogen of 43,835 lbs/yr and total phosphorus of 4,384 lbs/yr; (b) waste load allocations will be reviewed and possibly reduced based on "full-scale" results showing the optimal treatment capability of the 4-stage Bardenpho technology at this facility consistent with the level of effort by other dischargers in the region. The "full scale" evaluation will be completed by December 31, 2011, and the results submitted to DEQ for review and subsequent board action; (c) in any year when credits are available after all other exchanges within the Shenandoah-Potomac River Basin are completed in accordance with § 62.1-44.19:18 of the Code of Virginia, Merck shall acquire credits for total nitrogen discharged in excess of 14,619 lbs/yr and total phosphorus discharged in excess of 1,096 lbs/yr; and (d) the allocations are not transferable and compliance credits are only generated if discharged loads are less than the loads identified in clause (c).
(11) Opequon WRF: (a) the TN WLA is derived based on 3 mg/l of TN and 12.6 MGD; (b) the TN WLA includes an additional allocation for TN in the amount of 6,729 lbs/yr by means of a landfill leachate consolidation and treatment project; and (c) the TP WLA is derived based on 0.3 mg/l of TP and 12.6 MGD.
VA.R. Doc. No. R11-2660; Filed January 10, 2011, 3:08 p.m.