Vol. 34 Iss. 17 - April 16, 2018

Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Nonmetallic Mineral Mining
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 9VAC25-190, Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Nonmetallic Mineral Mining. The purpose of the proposed action is to amend and reissue the VPDES general permit for wastewater and stormwater discharges from nonmetallic mineral mines. The current permit expires on June 30, 2019, and needs to be reissued so that nonmetallic mineral mines with point source discharges of wastewater and stormwater to surface waters can continue to have general permit coverage. The proposed action also will update the general permit as necessary to ensure it remains current, clear, and effective and will continue to protect water quality from discharges associated with this industry.

The proposed rulemaking is essential to the protection of health, safety, or welfare of the citizens of the Commonwealth. Proper permitting requirements for discharges protect water quality and living resources of Virginia's waters for consumption of fish and shellfish, recreational uses, and conservation in general. Other issues that may need consideration are whether (i) additional total maximum daily load (TMDL) requirements are needed for impaired waters; (ii) additional requirements are needed to address ammonia; (iii) stormwater management requirements need to be updated to correspond with U.S. Environmental Protection Agency's 2015 multi-sector general permit; (iv) additional benchmarks, limits, or special conditions are needed; (v) registration statement questions need to be added, deleted, or updated; or (vi) clarification of other aspects of the permit, regulation, forms, or instructions is needed.

In addition, this regulation will undergo a periodic review pursuant to Executive Order 17 (2014) and a small business impact review pursuant to § 2.2-4007.1 of the Code of Virginia to determine whether this regulation should be repealed, amended, or retained in its current form.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 or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner 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: May 16, 2018.

Agency Contact: Peter Sherman, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4044, FAX (804) 698-4032, or email

VA.R. Doc. No. R18-5446; Filed March 23, 2018, 10:58 a.m.