10/19/2009 3:01 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 10/09/2009
Petitioner DuPont-Spruance Facility
 Petitioner's Request
By letter dated 10/09/09 - Amend the Water Quality Management Planning Regulation (9 VAC 25-720-60.C, James River Basin), regarding the total nitrogen (TN) and total phosphorus (TP) waste load allocations (WLAs) for the DuPont-Spruance facility (VPDES Permit #VA0004669; General Permit #VAN040079). Current nutrient WLAs are TN = 201,080 lb/yr; TP = 7,816 lb/yr, based on a discharge flow of 23.33 million gallons per day (MGD). DuPont-Spruance presents two amendment options: 1) Allow determination of compliance with the existing WLAs at Outfall 001 based on just the loads attributable to manufacturing processes on the site, "netting" out nutrient content of the raw intake water pumped from the James; 2) Amend the WLAs to TN = 197,390 lbs/yr (a 3,690 lb/yr decrease) and TP = 11,840 lbs/yr (a 4,025 lb/yr increase), based on: (a) Relocating the compliance monitoring point from combined Outfall 001 to internal process Outfall 101, thereby eliminating contributions of non-contact cooling water and storm water from the regulated discharge flow; (b) Achieving nutrient reduction treatment (NRT) equivalent to POTW enhanced NRT (70-75% removal); (c) Setting design flow of the process wastewater system at 12.96 MGD, based on maximum effluent pumping capacity out of the treatment lagoons.
 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 11/09/2009  (comment period will also begin on this date)
Comment End Date 11/30/2009