February 19, 2020  

VIA ELECTRONIC AND FIRST-CLASS MAIL

Mr. Gary E. Graham

Virginia Department of Environmental Quality

1111 East Main Street, Suite 1400

Richmond, VA 23218

Gary.Graham@deq.virginia.gov

RE:     Water Quality Management Planning Regulations NOIRA and RAP Membership Request  

Dear Mr. Graham:

On behalf of the City of Richmond’s Department of Public Utilities (“DPU”), I am writing in response to the Virginia Department of Environmental Quality’s (“DEQ”) recent Notice of Intended Regulatory Action (“NOIRA”) to consider amending Virginia’s Water Quality Management Planning Regulations (9 VAC 25-720 et seq.) and its 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 (9 VAC 25-820 et seq.).  These regulations include wasteload allocations for significant dischargers to Virginia’s portion of the Chesapeake Bay under the watershed-wide Total Maximum Daily Load (“TMDL”). 

Any proposed changes to the wasteload allocations for permitted discharges could greatly impact DPU operations related wastewater, stormwater, and the City’s combined sewer system.  The City is a discharger to the James River and has integrated wasteload allocations for discharges from its wastewater treatment plant, combined sewer system and municipal separate storm sewer system.  As a result, the City is deeply invested in any proposed changes to wasteload allocations under the Bay TMDL. Based on Virginia’s Phase III Watershed Implementation Plan (“WIP”) to meet goals of the Bay TMDL, the City could face the imposition of “floating” wasteload allocations measured at a concentration of 8 mg/L Total Nitrogen.  Therefore, DPU is interested in this regulatory process and its potential future implications and requests that it be included in the Regulatory Advisory Panel (“RAP”) DEQ is convening to assist the Agency in formulating the proposed changes to these regulations. 

The NOIRA also includes language that DEQ intends to revise wasteload allocations for Nitrogen and Phosphorus as a result of the revised Chlorophyll-a water quality criteria in the Tidal James River.  Based on model runs received to date applying the revised criteria, it is our understanding that existing wasteload allocations will meet the revised criteria and no wasteload allocation changes are necessary.  DPU is also strongly interested in this issue and wishes to participate in the RAP to provide its perspective and expertise on this issue.

Therefore, I request to be included on the RAP to represent Richmond DPU.  I also request that Patrick Fanning (Troutman Sanders) be included as my alternate on the RAP.  Please feel free to contact me at Grace.LeRose@richmondgov.com or (804) 646-0033 with any questions regarding these comments.

                                                                        Sincerely,

Grace LeRose

                                                                        Program Manager

                                                                        City of Richmond Department of Public Utilities