11/3/2009 4:49 pm Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
Virginia Register Publication Information
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Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
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Agency Decision
Promulgating Board: | State Water Control Board |
Regulatory Coordinator: | John M. Kennedy (804)698-4312 john.kennedy@deq.virginia.gov |
Agency Contact: | Cindy Berndt Reg. Coordinator (804)698-4378 cindy.berndt@deq.virginia.gov |
Contact Address: | Department of Environmental Quality 629 East Main Street P.O. Box 1105 Richmond, VA 23218 |
Chapter Affected: | |
9 vac 25 - 720: | Water Quality Management Planning Regulation |
Statutory Authority: |
State: Section 62.1-44.15(10) and (13) of the Code of Virginia Federal: 33 USC 1313(e) of the Clean Water Act |
Date Petition Received | 04/10/2007 |
Petitioner | C. Lee Lintecum, County Administrator |
Amend the Water Quality Management Planning Regulation (9 VAC 25-720), within section
120.C, to include total nitrogen and total phosphorus waste load allocations for Lousia
County's Zion Crossroads wastewater facility (VPDES Permit No. 0090743). The discharge
permit, reissued 3/28/02 (expires 3/28/07), contains flow tiers of 0.10 and 0.70 million
gallons per day (MGD). The plant currently operates at 0.10 MGD and the County plans
to expand the design flow to the higher tier. The County claims that the expansion
to 0.70 MGD will be completed and a Certificate to Operate issued by the first quarter
of 2009.
Agency Plan
Public-notice receipt of the petition and provide for a 21-day public comment period.
Upon close of the public comment period, review any comments received and then make
a decision to either initiate a rulemaking or place the petition on the Board's next
meeting agenda for their consideration.
Publication Date | 05/28/2007 (comment period will also begin on this date) |
Comment End Date | 06/18/2007 |
Take no action
Agency Response Date | 10/26/2009 |
The petition was denied, based on the following:
1. Louisa County did not pursue the increased WLAs due to a plant expansion
under the original rulemaking adopted by the Board in 2005. Further increases should
be avoided when possible to aid in meeting and maintaining water quality standards.
In addition, the County has the capability to meet its TN WLA by operating available
nutrient reduction technology (state of the art treatment, TN = 3.0 mg/l annual average)
up to a flow of 0.62 MGD. At a design flow of 0.7 MGD, the County would need to acquire
700 lbs/yr of TN offsets under the Nutrient Credit Exchange Program. The TN offset
could also be achieved through reclamation/reuse, thus reducing the surface water
discharge. The TP WLA can be achieved at 0.7 MGD design flow through operation at
0.29 mg/l annual average, which is possible using available technology.
2. Louisa County has not provided a reasonable assurance that the CTO for
the expanded plant will be secured by 12/31/10. Design documents were not submitted
by the date shown on the County's revised schedule (due 3 months ago), and the project
does not have an approved Preliminary Engineering Report (the PER is a precursor to
design plans and specifications). The Zion Crossroads upgrade/expansion project PER
was submitted 9/10/07, revised 2/26/08, commented on by DEQ 3/27/08, and returned
to the County 11/13/08. Current review status is "inactive".
As a result of the decision to deny the petition, the regulatory action initiated
by publication of a NOIRA on February 4, 2009 is being withdrawn.