STATE WATER CONTROL BOARD

 NOTICE OF PUBLIC COMMENT PERIOD

WATER QUALITY MANAGEMENT PLANNING REGULATION AMENDMENT - TWENTY-FOUR TOTAL MAXIMUM DAILY LOAD (TMDL) WASTE LOAD ALLOCATIONS

ISSUED: February 9, 2004

COMMENT PERIOD CLOSES: March 12, 2004 at 4:00 p.m.

Notice is hereby given that the State Water Control Board (Board) in accordance with the Public Participation Procedures for Water Quality Management Planning is seeking comment on amending the regulation entitled: 9 VAC 25-720 et. seq. Water Quality Management Regulation. Statutory authority for promulgating these amendments can be found in §62.1-44.15(3a) of the Code of Virginia.

The purpose of the amendment to the state’s Water Quality Management Regulation (9 VAC 25-720) is to adopt twenty-four Total Maximum Daily Load (TMDL) waste load allocations contained in the nine studies or reports. These TMDLs have been developed in accordance with Federal Regulations (40 CFR §130.7) and are exempt from the provisions of Article II of the Virginia Administrative Process Act. These TMDLs have been through the TMDL public participation process contained in DEQ’s Public Participation Procedures for Water Quality Management Planning. The public comment process provides the effected stakeholders an opportunity for public appeal of the TMDLs. The nine TMDL reports have been approved by EPA and DEQ staff intends to recommend that the board approve the nine TMDL reports as the plans for the pollutant reductions necessary for attainment of water quality goals in the impaired segments.

Specifically, the amendment will revise the state’s Water Quality Management Regulation for the following river basins: Shenandoah River Basin (9 VAC 25-720-50.A), James River Basin (9 VAC 25-720-60.A), and the Tennessee – Big Sandy River Basin (9 VAC 25-720-90.A) by adopting the following twenty four TMDL Waste Load Allocations contained in nine TMDL reports:

"Nitrate TMDL Development for Muddy Creek / Dry River, Virginia"

1. "Muddy Creek nitrate TMDL, located in Rockingham County, proposes nitrate reductions for the Muddy Creek watershed.

"Benthic TMDL Reports for Six Impaired Stream Segments in the Potomac-Shenandoah and James River Basins"

2. Cockran Spring Branch benthic TMDL, located in Augusta County, proposes organic solids reductions for portions of the watershed.
3. Lacey Branch benthic TMDL, located in Rockingham County, proposes organic solids reductions for portions of the watershed.
4. Orndorff Spring Branch benthic TMDL, located in Rockbridge County, proposes organic solids reductions for portions of the watershed.
5. Pheasanty Run benthic TMDL, located in Bath County, proposes organic solids reductions for portions of the watershed.
6. Wallace Mill Stream benthic TMDL, located in Augusta County, proposes organic solids reductions for portions of the watershed.
7. Montebello Spring Branch benthic TMDL, located in Nelson County, proposes organic solids reductions for portions of the watershed.

"TMDL Development for Blacks Run and Cooks Creek"

8. Blacks Run benthic TMDL, located in Rockingham County, proposes sediment reductions for portions of the watershed.
9. Cooks Creek benthic TMDL, located in Rockingham County, proposes sediment reductions for portions of the watershed.
10. Cooks Creek benthic TMDL, located in Rockingham County, proposes phosphorus reductions for portions of the watershed.

"TMDL Development for Muddy Creek and Holmans Creek"

11. Muddy Creek benthic TMDL, located in Rockingham County, proposes sediment reductions for portions of the watershed.
12. Muddy Creek benthic TMDL, located in Rockingham County, proposes phosphorus reductions for portions of the watershed.
13. Holmans Creek benthic TMDL, located in Rockingham and Shenandoah Counties, proposes sediment reductions for portions of the watershed.

"TMDL Development for Mill Creek and Pleasant Run"

14. Mill Creek benthic TMDL, located in Rockingham County, proposes sediment reductions for portions of the watershed.
15. Mill Creek benthic TMDL, located in Rockingham County, proposes phosphorus reductions for portions of the watershed.
16. Pleasant Run benthic TMDL, located in Rockingham County, proposes sediment reductions for portions of the watershed.
17. Pleasant Run benthic TMDL, located in Rockingham County, proposes phosphorus reductions for portions of the watershed.

"Total Maximum Daily Load Development for Linville Creek: Bacteria and Benthic Impairments"

18. Linville Creek benthic TMDL, located in Rockingham County, proposes sediment reductions for portions of the watershed.

"Benthic TMDL for Quail Run"

19. Quail Run benthic TMDL, located in Rockingham County, proposes ammonia reductions for portions of the watershed.
20. Quail Run benthic TMDL, located in Rockingham County, proposes chlorine reductions for portions of the watershed.

"Development of Shenandoah River PCB TMDL"

21. Main Stem and South Fork Shenandoah River PCB TMDL, located in Warren County, proposes PCB reductions for portions of the watershed.
22. North Fork Shenandoah River PCB TMDL, located in Warren County, proposes PCB reductions for portions of the watershed.
23. Main Stem Shenandoah River PCB TMDL, located in Warren and Clarke Counties, proposes PCB reductions for portions of the watershed.

"Guest River Total Maximum Daily Load Report"

24. Guest River benthic TMDL, located in Wise County, proposes sediment reductions for portions of the watershed.

PUBLIC PARTICIPATION: The Board is seeking comments on the intended amendment to the Water Quality Management Regulation. Anyone wishing to submit written comments may do so by mail or by e-mail to Charles Martin at the address given below. Written comments must include the name and address of the commenter and must be received no later than 4:00 p.m. on March 12, 2004.

The electronic copy is in PDF format and may be read online or downloaded. Also, hard copies are available upon request.