11/3/2009 4:44 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 jmkennedy@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 | 07/02/2009 |
Petitioner | Christopher D. Hively, PE; Environmental Services Director |
Amend the Water Quality Management Planning Regulation (9 VAC 25-720-70.C, Rappahannock
River Basin), to increase total nitrogen (TN) and total phosphorus (TP) waste load
allocations (WLAs) for the Town of Culpeper wastewater plant (VPDES Permit No. 0061590).
Current nutrient WLAs are TN = 54,820 lb/yr; TP = 4,112 lb/yr, based on a design flow
of 4.5 million gallons per day (MGD). The Town is expanding the plant to 6 MGD and
installing state-of-the-art nutrient reduction technology. Construction is underway,
with work expected to be completed and the facility certified for operation by 12/31/10.
Culpeper requests the WLAs be amended to TN = 73,058 lbs/yr (an 18,238 lb/yr increase)
and TP = 5,479 lbs/yr (a 1,367 lb/yr increase), to reflect the 6 MGD design flow.
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 | 08/03/2009 (comment period will also begin on this date) |
Comment End Date | 08/24/2009 |
Take no action
Agency Response Date | 10/26/2009 |
The petition was denied since the Town's request for the increased WLAs due to a plant
expansion to 6.0 MGD under the original rulemaking in 2005 was not recommended by
the staff, and the Board adopted conditional WLAs for the Town based on a design flow
of 4.5 MGD. The Town has the capability to meet its TN WLA by operating the upgraded
nutrient reduction technology, now being installed, at its design intent up to a flow
of 6.0 MGD. The TP WLA can be achieved at 6.0 MGD design flow through operation at
0.22 mg/l annual average, which is possible using available technology. Given Culpeper
County's 1.5 MGD design flow WLAs, at a minimum, for Mountain Run STP and their stated
intention to build a 2.5 MGD plant (P&S approved, Certificate to Construct issued
but project not yet bid), granting an additional 1.5 MGD capacity and associated WLA
to the Town may be excessive for the area and the Rappahannock basin.
Further, there appears to be an opportunity for a shared, regional approach to address
the capacity needs of the Town and the County for future service areas that has not
been fully explored. A Memorandum of Understanding has been signed and discussions
have taken place between the localities on this and other issues facing the region,
but no final solution has been agreed upon yet. Conditions are essentially the same
as when the Board adopted the original "footnoted" WLAs for the Town based on 4.5
MGD, in terms of justifying additional design flow.