Notice of action: The State Water Control Board (Board) is considering the amendment of the regulation on water quality management planning in accordance with the Public Participation Procedures for Water Quality Management Planning. A regulation is a general rule governing people's rights or conduct that is upheld by a state agency.
Purpose of notice: The Board is seeking comments through the Department of Environmental Quality on the proposed amendment. The purpose of the amendment to the state’s Water Quality Management Planning Regulation (9 VAC 25-720) is to adopt nine Total Maximum Daily Load (TMDL) waste load allocations.
Public comment period: February 16 to March 16, 2009
Description of proposed action: DEQ staff will propose amendments of the state’s Water Quality Management Planning regulation for the Potomac-Shenandoah River Basin (9 VAC 25-720-50.A), the Tennessee-Big Sandy river Basin (9 VAC 25-720-90.A), the James River Basin (9 VAC 25-720-60.A), and the Chesapeake Bay-Small Coastal Basin (9 VAC 25-720-110.A). Statutory authority for promulgating these amendments can be found in §62.1-44.15(10) of the Code of Virginia.
Staff intends to recommend 1) that the Board approve four TMDL reports and one TMDL modification as the plans for the pollutant reductions necessary for attainment of water quality goals in the impaired segments, and 2) that the Board adopt nine TMDL waste load allocations as part of the state’s Water Quality Management Planning Regulation in accordance with §2.2-4006A.4.c. and §2.2-4006B of the Code of Virginia.
The four TMDL reports and one TMDL modification were 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. The reports were subject to the TMDL public participation process contained in DEQ’s Public Participation Procedures for Water Quality Management Planning. The public comment process provides the affected stakeholders an opportunity for public appeal of the TMDLs. EPA approved all TMDLs presented under this public notice. The approved reports can be found at https://www.deq.virginia.gov/TMDLDataSearch/ReportSearch.jspx