Virginia Regulatory Town Hall
Agency
Department of Environmental Quality
Board
State Water Control Board

General Notice
Informal Public Comment Period - Additional Amendments - Geneal VPDES Watershed Permit for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia 9VAC25-820
Date Posted: 10/11/2016
Expiration Date: 11/10/2016
Submitted to Registrar for publication: YES
No comment forum defined for this notice.

NOTICE OF ACTION: The State Water Control Board (Board) is considering additional amendments of a regulation on water quality.

Purpose of notice: To seek public comment through the Department of Environmental Quality (DEQ) on 1) the proposal 2) the costs and benefits of the proposal 3) effects of the proposal on farm and forest land preservation and 4) impacts on small businesses.

Public comment period: October 11, 2016 – November 9, 2016

Public comment stage:  Notice of Informal Public Comment

REGULATION NAME: General Virginia Pollutant Discharge Elimination System (VPDES) Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia 9VAC25-820 (Watershed General Permit).

Description of Proposed Regulation: The proposed reissuance and amendment of the Watershed General Permit regulation was originally public noticed for comment on December 14, 2015, and the public comment period closed on February 12, 2016. On March 11, 2016, the U.S. Environmental Protection Agency (EPA) filed an objection to issuance of the Watershed General Permit. In response, DEQ has developed revisions to the proposal to address EPA’s objection and is seeking public comment on the revisions for the Board’s consideration.

The revision will require facilities in the previously proposed sewage treatment plant (STP) design flow of 0.5-0.999 million gallons per day (MGD), effluent total nitrogen (TN) load limit for industrial facilities of 50,000-99,999 pounds per year (lb/yr), and effluent total phosphorus (TP) load limit for industrial facilities of 5,000- 9,999 lb/yr category to collect 2 – 24 hour (hr) composite samples per week. The change will also require facilities that are in the previously proposed STP design flow of 1.0-4.999 MGD, effluent TN load limit for industrial facilities of 100,000-349,999 lb/yr, and effluent TP load limit for industrial facilities of 10,000- 34,999 lb/yr category to collect 2 – 24 hr composite samples per week.

This revision to the proposed regulation (9VAC25-820 Part I) is as follows:

E. Monitoring requirements.

1. Discharges shall be monitored by the permittee during weekdays as specified below unless the department determines that weekday only sampling results in a non-representative load. Weekend monitoring and/or or alternative monthly load calculations to address production schedules or seasonal flows shall be submitted to the department for review and approval on a case-by-case basis. Facilities that exhibit instantaneous discharge flows that vary from the daily average discharge flow by less than 10% may submit a proposal to the department to use an alternative sample type; such proposals shall be reviewed and approved by the department on a case-by-case basis.

 

Parameter

Sample Type and Collection Frequency

 

STP design flow

≥20.0 MGD

5.0 - 19.999 MGD

1.0 - 19.999 1.0 - 4.999 MGD

0.5 - 0.999 MGD

[0.5 -19.999 MGD]

0.040 - 0.999 0.040 - 0.499 MGD

< 0.040 MGD

 

Effluent TN load limit for industrial facilities

 

>350,000 lb/yr

>100,000 100,000 - 349,999 lb/yr

50,000 - 99,999 lb/yr [50,000 ->350,000 lb/yr]

487 - 99,999 487 - 49,999 lb/yr

< 487 lb/yr

 

Effluent TP load limit for industrial facilities

 

>35,000 lb/yr

>10,000 10,000 - 34,999 lb/yr

5,000 - 9,999 lb/yr [5,000 - >35,000 lb/yr]

37 - 9,999 37 - 4,999 lb/yr

< 37 lb/yr

 

Flow

Totalizing, Indicating, and Recording

1/Day, see individual VPDES permit for sample type

 

Nitrogen Compounds (Total Nitrogen = TKN + NO2- (as N) + NO3- (as N))

24 HC
3 Days/Week

24 HC
2/Week*

24 HC
1/Week

8 HC
4/Month**

8 HC
2/Month, > 7 days apart

1/Month
Grab

 

Total Phosphorus

24 HC
3 Days/Week

24 HC
2/Week*

24 HC
1/Week

8 HC
4/Month**

8 HC
2/Month, > 7 days apart

1/Month
Grab

 

*Two 24-hour flow composited samples taken in the same calendar week that are then composited by flow into a single weekly composite sample for analysis shall be considered to be in compliance with this requirement.

**Two sets of two 8-hour flow composited samples taken at least one day apart but in the same calendar week that are then composited by flow into two weekly composite samples per month for analysis shall be considered to be in compliance with this requirement.

                   
                   

 How to comment: DEQ accepts written comments by hand-delivery, e-mail, fax and postal mail. All written comments must include the full name and address of the person commenting and be received by DEQ no later than the last day of the comment period. All testimony, exhibits and documents received are part of the public record. More detailed information on the proposal is available by contacting the DEQ representative named below.


Contact Information
Name / Title: Matthew Richardson 
Address: 629 East Main Street
P.O. Box 1105
Richmond, 23218
Email Address: matthew.richardson@deq.virginia.gov
Telephone: (804)698-4195    FAX: (804)698-4032    TDD: ()-