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Virginia Pollutant Discharge Elimination System Permit Program

What's New

2/1/2012: Virginia Nutrient Credit Exchange Association - Exchange Compliance Plan, 2012 Update

1/09/12: Report of the Secretary of Natural Resources to the Governor and the General Assembly - Proposed Expansion of the Use of Nutrient Credits in Virginia pursuant to Senate Joint Resolution 334 (2011)

10/31/11: The VPDES General Permit For Discharges Resulting From the Application of Pesticides to Surface Waters became effective. Additional information is given below.

4/05/11: Study of the Expansion of the Nutrient Credit Exchange (SJR 334)

3/30/11: 2010 Nutrient Loads

6/22/10: Water Annual Maintenance Fee amendments took effect.  These changes impact all Annual Maintenance Fee invoices for billing years 2010 forward (a billing year runs July 1 - June 30).

5/15/09: Industrial Storm Water General Permit Registration Statements for public review.

5/07/09: VPA page updated: Biosolids Land Applicator Certification Training and Exam Web Page

11/10/08: Frequently Asked Questions regarding the DEQ Biosolids Program

5/8/08: New web page - Microconstituents in the Environment

2/5/08: Trading Nutrient Reductions from Nonpoint Source Best Management Practices in the Chesapeake Bay Watershed: Guidance for Agricultural Landowners and Your Potential Trading Partners - REVISED (originally posted 1/2/08)

1/4/08: Nutrient Trading Annual Report Form

3/26/07: The Federal Register published modifications to several tables in 40 CFR Part 136 originally published on March 12, 2007. Modifications affect Table IA – List of Approved Biological methods for Wastewater and Sewage Sludge, and Table II – Required Container, Preservation Techniques, and Holding Times. It also establishes Table IH – List of Approved Microbiological Methods for Ambient Water. An edited version of Table IA and Table II will help determine the changes made.

3/12/07: The Final Rule for 40 CFR Part 136 that establishes the approved test procedures for pollutants under the Clean Water Act was published March 12, 2007. In Virginia, the effective date of this regulation is September 12, 2007. Over 100 EPA methods were withdrawn and many new or revised methods were added. An edited version of Table IB will help determine which methods were withdrawn and which were added. This revised table is only an aid. For compliance purposes, always refer to the official version of 40 CFR. 

 

Section 402 of the Clean Water Act established the National Pollutant Discharge Elimination System to limit pollutant discharges into streams, rivers, and bays. In the Commonwealth of Virginia, DEQ administers the program as the Virginia Pollutant Discharge Elimination System (VPDES). Though DEQ requires Virginia Pollutant Discharge Elimination System permits for all point source discharges to surface waters, the US Environmental Protection Agency maintains authority to review applications and permits for "major" dischargers, a distinction based on discharge quantity and content.

DEQ and the Department of Conservation and Recreation coordinate separate State programs that regulate the management of pollutants carried by storm water runoff. DEQ regulates storm water discharges associated with "industrial activities", while DCR regulates storm water discharges from construction sites, and from municipal separate storm sewer systems (MS4s). More information can be found in the Storm Water Permitting section, and at the Department of Conservation and Recreation's web site.

Virginia Pollutant Discharge Elimination System permits for surface coal mines are issued by the Virginia Department of Mines, Minerals, and Energy.

Water permit guidance documents can be found at this link.

Individual Permits

DEQ issues individual permits to both municipal and industrial facilities. Permit requirements, special conditions, effluent limitations and monitoring requirements are determined for each facility on a site specific basis in order to meet applicable water quality standards. Questions about individual permits for specific facilities should be addressed to the DEQ Regional Office that serves the area where the facility is located. Copies of individual permit application forms can be downloaded from the Permits, Fees and Regulations page.  An Excel spreadsheet listing the current VPDES Individual Permits along with location information and contacts can be found here.

General Permits

General permits are permits written for a general class of dischargers. In Virginia, general permits must be written as permits and adopted as regulations. Since they are regulations, they must be adopted using the Administrative Process Act (APA) requirements, which specify a standard adoption process and public participation/public input procedures. The State Water Control Board has adopted the following VPDES general permits:

Questions about general permit coverage for specific facilities should be addressed to the DEQ Regional Office that serves the area where the facility is located. Copies of the general permit regulations and the associated Registration Statement forms to apply for permit coverage can be downloaded from the Permits, Fees and Regulations page. An Excel spreadsheet listing the current VPDES General Permits along with location information can be found here.

General Permits Under Development/Amendment

The following general permit regulations are currently under development or in the process of amendment (for either re-adoption or modification).

(The following links take you to the Virginia Regulatory Town Hall website)  

Pesticide Discharges General Permit (VAG87)

On November 27, 2006, EPA issued a final rule to codify its interpretation of the Clean Water Act as not requiring NPDES permits for application of pesticides to, over, including near waters of the United States, if the applications are consistent with Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requirements. On January 7, 2009, the 6th Circuit Court of Appeals vacated the EPA rule and required that NPDES permits be issued for all biological pesticide applications and chemical pesticide applications that leave a residue in water when such applications are made in or over, including near, waters of the U.S. On June 8, 2009, the Court granted the Department of Justice’s request for a two-year stay of the Court’s decision, until April 9, 2011, to provide EPA and states time to develop and issue NPDES permits. Based on the stay, EPA’s rule remained in effect and NPDES permits for applications of pesticides to or over, including near U.S. waters were not required until April 9, 2011. This Virginia VPDES general permit regulation was developed to comply with the 6th Circuit Court's ruling.

On March 28, 2011, the 6th Circuit Court of Appeals granted EPA's request for a further extension of the effective date of the Court’s ruling and deadline for when permits will be required for pesticide discharges from April 9, 2011 to October 31, 2011.  The Director of the Department of Environmental Quality suspended the effective date of 9VAC25-800 to be consistent with the 6th Circuit Court's ruling. At their April 14, 2011 meeting the State Water Control Board re-adopted the amended Pesticides General Permit Regulation with a revised effective date of October 31, 2011, and a revised expiration date of December 31, 2013.

2011 Pesticide Discharges General Permit (VAG87) Regulation   (Effective 10/31/2011)

2011 Pesticide Discharges General Permit Fact Sheet   

2011 Pesticide Discharges General Permit (VAG87)   (Effective 10/31/2011)

Pesticide Discharges General Permit PDMP Template

Watershed Permit For Total Nitrogen And Total Phosphorus Discharges And Nutrient Trading In The Chesapeake Bay Watershed (VAN00)

The State Water Control Board adopted the amended Watershed General VPDES Permit for Nutrient Discharges to the Chesapeake Bay [9 VAC 25-820] as final at their meeting on September 22, 2011.  The amended regulation became effective on 01-01-2012.

Watershed General VPDES Permit for Nutrient Discharges to the Chesapeake Bay [9 VAC 25-820]  Effective 01-01-2012 

Fact Sheet: Nutrient Discharges to the Chesapeake Bay  Effective 01-01-2012

Registration Statement: Nutrient Discharges to the Chesapeake Bay  Effective 01-01-2012