| Action Summary | Federal and state mandates in the federal Clean Water Act at Section 303(c), federal regulations at 40 CFR 131 and the Code of Virginia at § 62.1-44.15(3a) require that water quality standards be adopted, modified, or cancelled every three years. This rulemaking is needed because the last triennial review was initiated with publication of a Notice of Intended Regulatory Action in March 2021 and new scientific information is available to update the water quality standards. Changes to the regulation have been identified that are needed to improve permitting, monitoring, and assessment programs. In addition, the State Water Control Board (Board) must fulfill the legal mandates for a three-year review under § 62.1-44.15(3a) of the Code of Virginia and per federal regulations at 40 CFR 131. The subject matter of the rulemaking will include updated numerical and narrative criteria, use designations, and other policies contained in the Water Quality Standards Regulation (9VAC25-260). The intent of this rulemaking is to protect designated and beneficial uses of state waters by adopting regulations that are technically correct, necessary, and reasonable. These standards will be used in setting Virginia Pollutant Discharge Elimination System Permit limits and for evaluating the waters of the Commonwealth for inclusion in the federal Clean Water Act 305(b) report and 303(d) list. Waters not meeting standards pursuant to DEQ’s standard, publicly available evaluation processes will require development of a Total Maximum Daily Load, effluent limitations, or further analysis of use removal under the federal Clean Water Act Section 303(e) and § 62.1-44.19:7 of the Code of Virginia. |
| Chapters Affected | Only affects this chapter. |
| Executive Branch Review | This action will go through the normal Executive Branch Review process. |
| RIS Project | Yes [8198] |
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Is Federal action a driving factor in this regulatory change? If so, please provide a specific reference to the law, regulation
or court case.
Clean Water Act at Section 303(c), federal regulations at 40 CFR 131 and the Code of Virginia at § 62.1-44.15(3a)
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| New Periodic Review | This action will be used to conduct a new periodic review. |
| Stage ID | Stage Type | Status |
|---|---|---|
| 10642 | NOIRA | DPB review in progress. |
| Name / Title: | David Whitehurst |
| Address: |
1111 East Main Street, Suite 1400 P.O. Box 1105 Richmond, VA 23218 |
| Email Address: | david.whitehurst@deq.virginia.gov |
| Phone: | (804)774-9180 FAX: ()- TDD: ()- |