11/3/2009 4:49 pm
Date / Time filed with the Register of Regulations
VA.R. Document Number: R____-______
Virginia Register Publication Information

Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
Agency Decision
Promulgating Board: State Water Control Board
Regulatory Coordinator: John M. Kennedy


Agency Contact: Cindy Berndt

Reg. Coordinator


Contact Address: Department of Environmental Quality

629 East Main Street

P.O. Box 1105

Richmond, VA 23218
Chapter Affected:
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 04/10/2007
Petitioner C. Lee Lintecum, County Administrator
 Petitioner's Request
Amend the Water Quality Management Planning Regulation (9 VAC 25-720), within section 120.C, to include total nitrogen and total phosphorus waste load allocations for Lousia County's Zion Crossroads wastewater facility (VPDES Permit No. 0090743). The discharge permit, reissued 3/28/02 (expires 3/28/07), contains flow tiers of 0.10 and 0.70 million gallons per day (MGD). The plant currently operates at 0.10 MGD and the County plans to expand the design flow to the higher tier. The County claims that the expansion to 0.70 MGD will be completed and a Certificate to Operate issued by the first quarter of 2009.
 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 05/28/2007  (comment period will also begin on this date)
Comment End Date 06/18/2007
 Agency Decision
Take no action
Agency Response Date 10/26/2009
 Agency Decision Text
The petition was denied, based on the following: 1. Louisa County did not pursue the increased WLAs due to a plant expansion under the original rulemaking adopted by the Board in 2005. Further increases should be avoided when possible to aid in meeting and maintaining water quality standards. In addition, the County has the capability to meet its TN WLA by operating available nutrient reduction technology (state of the art treatment, TN = 3.0 mg/l annual average) up to a flow of 0.62 MGD. At a design flow of 0.7 MGD, the County would need to acquire 700 lbs/yr of TN offsets under the Nutrient Credit Exchange Program. The TN offset could also be achieved through reclamation/reuse, thus reducing the surface water discharge. The TP WLA can be achieved at 0.7 MGD design flow through operation at 0.29 mg/l annual average, which is possible using available technology. 2. Louisa County has not provided a reasonable assurance that the CTO for the expanded plant will be secured by 12/31/10. Design documents were not submitted by the date shown on the County's revised schedule (due 3 months ago), and the project does not have an approved Preliminary Engineering Report (the PER is a precursor to design plans and specifications). The Zion Crossroads upgrade/expansion project PER was submitted 9/10/07, revised 2/26/08, commented on by DEQ 3/27/08, and returned to the County 11/13/08. Current review status is "inactive". As a result of the decision to deny the petition, the regulatory action initiated by publication of a NOIRA on February 4, 2009 is being withdrawn.