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The Water Quality Management Planning Regulation includes waste load allocations for dischargers of pollutants to various river basins throughout the Commonwealth of Virginia including total nitrogen (TN) and total phosphorus (TP) waste load allocations necessary for the restoration of water quality in the Chesapeake Bay and its tidal tributaries. The Board proposes to amend Sections 50.C (Potomac-Shenandoah River Basin), 60.C (James River Basin), 70.C (Rappahannock River Basin), 110.C (Chesapeake Bay – Small Coastal – Eastern Shore River Basin) and 120.C (York River Basin) to accomplish three goals. The goals are: 1. To establish TN and TP waste load allocations, if necessary, to meet revised water quality criteria for Chlorophyll-a in the tidal James River Basin; 2. To either reallocate any unneeded significant industrial discharger allocations to other facilities registered under the General Virginia Pollutant Discharge Elimination System Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia (9VAC25-820) or reserve any unneeded allocations for future use; and, 3. To establish floating waste load allocations for significant municipal dischargers based on the average daily flow treated by the facility in a given year and nutrient concentrations of 4.0 mg/l TN and 0.30 mg/l TP. Existing “primary” waste load allocations will remain and in any given year the facility will be required to meet the lesser of the primary or floating allocations. Facilities with special circumstances could be assigned alternative floating waste load allocations or possibly no floating waste load allocation. The Board may consider exempting from this regulatory action a subset of the smallest significant dischargers that in aggregate represent a minor percentage of the expected load reductions. Special consideration may also be appropriate for treatment plants that reclaim and reuse a significant portion of their wastewater flow. The Board may, if necessary to implement amendments to the Water Quality Management Planning Regulation, also propose amendments to the General VPDES Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia. In addition, a periodic/small business impact review of this regulation will be conducted as part of this regulatory action.
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