The State Water Control Board (Board) is seeking written and oral comments from interested parties on amendments to the Water Quality Management Planning Regulation (WQMP) for the James River Basin nitrogen and phosphorus waste load allocations to restore the Chesapeake Bay and its tidal rivers (9VAC25-720-60 C). The Board is seeking public comment through the Department of Environmental Quality (DEQ).
State mandate in the Code of Virginia §62.1-44.15, is the source of legal authority identified to promulgate this modification. The promulgating entity is the Board. The scope and purpose of the State Water Control Law is to protect and to restore the quality of state waters, to safeguard clean waters from pollution, to prevent and to reduce pollution and to promote water conservation. The State Water Control Law (Code of Virginia) §62.1-44.15 (10) mandates the Board to adopt such regulations as it deems necessary to enforce the general water quality management program of the Board in all or part of the Commonwealth. In addition §62.1-44.15 (14) requires the Board to establish requirements for the treatment of sewage, industrial wastes and other wastes that are consistent with the purposes of this chapter. The specific effluent limits needed to meet the water quality goals are discretionary.
The amendments that are the subject of this notice are to 9VAC25-720-60 C and would reduce the existing Total Nitrogen waste load allocation for the Dominion-Chesterfield Plant (VA0004146), located in the James River Basin by 80,000 pounds and would add a Total Nitrogen waste load allocation of 80,000 pounds to the Tranlin, Inc./Vastly Facility, located in the James River Basin. These amendments to the Water Quality Management Planning Regulation (9VAC25-720-60) are needed to reflect the transfer of nitrogen allocation from the Virginia Electric and Power Company (Dominion) to Tranlin, Inc. (Vastly) as identified in a Memorandum of Understanding between the two parties dated the 5th day of April 2017.
DEQ staff intends to recommend amendments to 9VAC25-720-60 C that would reduce the Total Nitrogen waste load allocation for G02E-Dominion-Chesterfield (VA0004146) from 352,036 to 272,036 pounds, and add a Total Nitrogen waste load allocation for G02E – Tranlin/Vastly in the amount of 80,000 pounds.
A public meeting on the modifications to the WQMP will be held on June 28, 2017 at 10:00 a.m. in the DEQ office located at 629 East Main Street, Richmond, Virginia.
The public comment period will begin on June 12, 2017 and end on July 12, 2017. Although an advisory committee to assist in the modification of the WQMP has not been proposed, public comment on the use of an advisory committee is invited. Persons requesting the agency use an advisory committee and those interested in assisting should notify the DEQ contact person by the end of the comment period and provide their name, address, phone number, email address and their organization (if any). Notification of the composition of the advisory panel, if established, will be sent to all requesters.
Please note, all written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to the DEQ contact person below.