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Rulemaking information

The following tables describe the status of rulemakings to amend the Water Quality Standards Regulation

Protection of Eastern Shore Tidal Waters for Clams and Oysters
Triennial Review
Exceptional State Waters (Tier 3)
Freshwater Nutrient Criteria
Triennial Review Carryover Issues

NOTE: Official dates for Notices asking for comment and ad hoc meeting dates are published in the Virginia Register. Look for submittals in the Register under the State Water Control Board. Submittals may be found under Proposed Regulations, Final Regulations or General Notices (for ad hoc or standing advisory committee meetings). You can also track these amendments through the Virginia Regulatory Town Hall. Search for Water Quality Standards.

1. Protection of Eastern Shore Tidal Waters for Clams and Oysters.  A rulemaking to consider designating shellfish aquaculture enhancement zones on the Virginia Eastern Shore with provisions for an alternatives analysis of wastewater treatment for proposed point source discharges to the listed waters.

ActionScheduleOther Information
Notice of Intended Regulatory Action (NOIRA)

Comment period September 17, 2007 to November 30, 2007

Public meeting Eastern Shore Agricultural Research and Extension Center (AREC), 33446 Research Drive, Painter, VA

October 17, 2007 at 2 p.m.

Townhall Agency Background Document (NOIRA)

Ad Hoc Technical Advisory Committee

March 18 - Northampton County Former Circuit Court Room, 16404 Courthouse Road, Eastville, VA 23347
Summary of March 18, 2008 meeting

April 24- Shore Bank Headquarters, 25020 Shore Parkway, Onley, VA 23418
May 22 - Northampton Post 56, The American Legion
2130 South Bayside Road
Cheriton, Virginia 23316
June 19 - CANCELLED
Presentations & handouts
May 22 -
June 19 -
Notice of Public Comment (NOPC)

Comment period December 22, 2008 - February 20, 2009

Public hearing locations & times:

Northampton County High School in Eastville, VA on January 28, 2009 at 6:00 PM

Board memo and attachments

SWCB meeting - April 27-28, 2009

 

 

House Room C

General Assembly Building

9th & Broad Streets

Richmond, Virginia

Convene – 9:30 AM

Board memo and attachments

Board minutes - April 27,2009

2. Triennial Review. This is a mandated review once every three years.

ActionScheduleOther Information

Notice of Intented Regulatory Action (NOIRA)

Comment period September 18 - November 17, 2006

Public meeting October 12, 2006
Department of Environmental Quality Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA, at 2 p.m.

Townhall Agency Background Document (NOIRA)

Public meeting presentation

Ad Hoc Advisory Committee Meetings

December 1, 2006, February 21, March 21, April 18 and May 9, 2007 at our Piedmont Regional Office in Glen Allen 10:00 a.m.

Draft agenda for 2007 ad hoc advisory meetings

Triennial Review Ad Hoc Committee

Triennial Review - Overview Presentation

10% Rule Background Presentation

Bacteria Issues Background Info

Richmond CSO Presentation

Toxics Criteria Issues Presentation

Summary of December 1, 2006 meeting

Feb. 21, 2007 presentations

Assessment Rules & Bacteria

City of Richmond Bacteria Study

Toxics Update

Total Dissolved Solids

Summary of February 21, 2007 meeting

March 21, 2007 presentations

Toxics

Mixing Zones & Antidegradation

Special Standards

Swamp Waters

10.5% Rule maps

Roanoke River Manganese Special Standard

Summary of March 21, 2007 meeting

April 18, 2007 presentations

Special Standards

Chesapeake Bay Criteria Amendments

Summary of April 18, 2007 meeting

May 9, 2007 presentations

All Issues

Summary of May 9,2007 Meeting

SWCB meeting - June 27, 2007

Board authorized staff to proceed to public hearing with the proposed amendments to the Water Quality Standards

House Room C

General Assembly Building

9th & Broad Streets

Richmond, Virginia

Convene – 9:30 AM

Board Memo

Attachment to Memo - Triennial Review Proposed Language

Attachment to Memo NOIRA Summary of Comment

Attachment - Ad Hoc Committee

Attachment Policy Paper Bacteria

Attachment Summary of Amendments

River Basin Tables w/ PWS proposed amendments

Notice of Public Comment

Comment period March 31 - May 30, 2008

Public hearing locations & times:

Department of Environmental Quality West Central Regional Office, Conference Room 600 in Roanoke, 3019 Peters Creek Road.
May 1, 2008 at 7:00 p.m.
 
Department of Environmental Quality Piedmont Regional Office, Training Room in Glen Allen, 4949-A Cox Road. May 2, 2008 at 10:00 a.m.
 
Department of Environmental Quality Tidewater Regional Office, Combined Conference Rooms 1, 2, and 3,  Virginia Beach, 5636 Southern Blvd.
May 8, 2008 at 7 p.m.
 

A question and answer period will be held one half hour prior to the beginning of the public hearing at each location.

Townhall Agency Background Document (NOPC) 

Additional amendments since June '07 Board approval.

Please note that some are proposed amendments to language that became effective after June '07. Attachment A.

Link to Triennial Review FAQ sheet

Exhibit List

Comment received

Class VII - Swamp Waters                          Natural Conditions reports

Buckhorn Creek, unnamed tributary, DO & pH

Butterwood Creek, White Oak Creek, Rocky Run Creek, and Reedy Creek, DO & pH (includes Cooks Branch)

Cat Point Creek

Chickahominy River

Deep Creek (Nottoway Co.)

Eley Swamp

Feeder Ditch, Lake Drummond, DO & pH

Fourmile Creek

Herring Creek & tributaries

Matadequin Creek

Mattaponi River

Mechumps Creek

Morris Creek & Gunn's Run

Mount Landing Creek, DO & pH

Nottoway River tributaries

Occupacia Creek

Pine Hill Creek, DO & pH

Piscataway Creek

Reedy Creek

Sappony Creek

Skinquarter Creek, DO & pH

Somerton Creek, DO & pH

Tuckahoe Creek

White Oak Swamp

Winterpock Creek

Winticomack Creek, DO & pH

State Water Control Board meeting October 16 & 17, 2008

Due to the nature of several items on the Board meeting agenda, it is uncertain which day the standards will be considered, although the current expectation is October 16.

House Room C

General Assembly Building

9th & Broad Streets

Richmond, Virginia

Convene – 9:30 AM

 Memo to Board members from staff

Attachment 1 - Ad Hoc Committee members

Attachment 2 - Economic Impact statement

Attachment 3 - Final Regulation Agency Background document (contains comment summary & agency response)

Attachment 4 - Triennial Review Proposed Amendments

Attachment 5 - Notice to General Assembly RE: Proposed Bacteria Standards

Consideration of Triennial Review amendments delayed until October 17. All amendments accepted by Board with the exception of proposed special standard "ii".  Final Language approved by SWCB.

See Board minutes

3. Exceptional State Waters. The U.S. Environmental Protection Agency requires all states to allow citizens to nominate surface waters or stream segments as outstanding natural resource waters, called exceptional (or tier 3) waters in Virginia. The intent is to provide extra protection for waters that exhibit exceptional scenic beauty, aquatic life or recreational opportunities. The Exceptional Waters Program prevents new or increased discharges into a water body to preserve its current water quality for the benefit of future generations. Guidance for exceptional state waters designations is available.

Nominations are presented for consideration as exceptional state waters to the State Water Control Board, comprised of citizens who make regulatory decisions about water issues in Virginia. The exceptional water designation is a part of the state’s water quality regulations, as required by the EPA. The regulatory process takes about two years to complete. It provides considerable opportunity for public comment and participation before the water board makes a final decision on the exceptional water designation.

The nominated water bodies listed in the chart below are in various stages of the rulemaking process. The chart is divided into rulemaking actions based on the date of nominations (Action1, 2, 3, etc..).

For information regarding effective Exceptional State Water designations click here.

Action 1ScheduleOther Information
Hazel River Petition (to view petition call David Whitehurst at 804.698.4121)

Received by State Water Control Board September 27, 2005

Riparian landowner and locality 60 day comment period ended December 19, 2005.

General public 21 day comment period ended December 19, 2005.

Approval to proceed to Notice Of Intended Regulatory Action (NOIRA) at June 1, 2006 Board meeting.

Notice of Intended Regulatory Action 

(NOIRA)

Comment Period February 19 - April 2, 2007

Public Meeting March 27, 2007 -

Culpeper County Board of Supervisors Meeting Room, 302 North Main Street

Culpeper, Virginia

Townhall Agency Background Document (NOIRA)

SWCB meeting

June 27, 2007Staff are instructed to withdraw NOIRA and begin Fast Track regulation process for Shenandoah National Park segment.  See Board minutes.
Fast Track Notice (page 906 of Va. Register publication Vol. 24)Comment Period December 10 - February 8, 2008

Comment period closed - no comment received.  Effective date: August 12, 2008

Action 2ScheduleOther Information
Agency generated nomination to designate portions of North River in Augusta Co. & Little Stony Creek in Scott Co. as Exceptional State Waters

SWCB meeting June 27, 2007

Riparian landowner and locality 60-day comment period ends October 8, 2007

Staff instructed to proceed with locality and landowner notification for two agency nominated water bodies:   Board minutes.

 State Water Control Board meeting December 4, 2007SWCB approved publication of Fast Track notice.  Board minute # 7.

Fast Track Notice - page 1738 of VA Register publication Vol. 24; Issue 13

Comment period March 3 - April 2, 2008

Comment period closed - no comment received.  Effective date: October 22, 2008

 

4. Freshwater Nutrient Criteria. The federal Environmental Protection Agency (EPA) is requiring states to consider nutrient criteria for all waters.  VA DEQ submitted a draft Nutrient Criteria Development Plan to Region III on October 31, 2002 and published the plan for public comment on November 4, 2002.  DEQ made minor revisions and resubmittals at the request of EPA. In a June 15, 2004 letter EPA provided written concurrence of the version of the VA Plan resubmitted on March 30, 2004. An EPA requested 2006 update of the March 2004 plan ; this 2006 updated plan was accepted by  EPA Region 3 in September, 2006.  A 2008 update of the plan was submitted to EPA in August, 2008:  Nutrient Criteria Development Plan, Appendix A ( VA Nutrient Enriched Waters), Appendix B (1989 VA Strategy for Nutrient Enriched Waters), Appendix C (1988 Nutrient Enriched Waters Regulation), Appendix D (1988 Policy for Nutrient Enriched Waters), Appendix E (1987 Nutrient Control Standards Workshop Report), Appendix F (2002 Status Bay Nutrient Criteria), Appendix G (Public Participation Guidelines), Appendix H (Administrative Process Act), Appendix I (Rulemaking Timeline), Appendix J (2002 Questions for AAC/Stakeholder/Public Discussion), Appendix K (Chesapeake Bay Nutrient Criteria Timeline, Appendix L (Lakes & Reservoirs Nutrient Criteria Timeline), Appendices M1 & M2 (Rivers & Streams Nutrient Criteria Timelines), Appendix N, Appendix O, Appendix P.  Nutrient criteria for lakes and reservoirs were approved by EPA Region 3 in a letter dated July 17, 2007; these amendments became effective in Virginia on August 14, 2007. Freshwater nutrient criteria are under development for streams and rivers.

ActionScheduleOther Information
Academic Advisory Committee (AAC) Meeting

 

AAC Report 2004
AAC Workplan 2005

AAC Report 2005

AAC Lake Dissolved Oxygen Responses

AAC 2005 Report Addendum 1

AAC 2005 Report Addendum 2

AAC Literature Review for Rivers & Streams

AAC Workplan 2007

AAC Workplan 2008

Stakeholders Meeting

August 18, 2004

Presentations from Stakeholder meeting:
Overview
AAC Recommendations
Algal Monitoring

Action (RIVERS and STREAMS)ScheduleOther information
Notice of Intended Regulatory Action (NOIRA)Pending

AAC Literature Review for Rivers & Streams

AAC Report 2006

AAC Rivers & Streams Report 12/2006

Weight of Evidence Screening Value Approach to Nutrient Criteria Development for Wadeable Streams

Freshwater Nutrient Criteria for Non-wadeable Streams in Virginia: Fish Community Assessment, Phase I

Nutrient Criteria Development in VA - ASWPICA presentation

AAC Final Report 2009 - Wadeable Streams

AAC Final Report 2009 - Non-Wadeable Rivers

Stakeholders MeetingOctober 23, 2006 at DEQ Piedmont Regional Office in Glen Allen 10:00 a.m. - 1:00 p.m.

Presentations from Stakeholder meeting

Overview - DEQ

Current AAC recommendation status

Presentation - Va. Association of Municipal Wastewater Agencies (VAMWA)

Stakeholders Meeting

Agenda

Attendees

June 12, 2008 at DEQ Piedmont Regional Office in Glen Allen 1:30 - 3:30

Presentations from Stakeholder meeting

Wadeable streams nutrient criteria development - current status (DEQ)

The Screening Value Approach (Dr. Carl Zipper)

Using Fish Community-Based Measures of Stream Health to Develop Nutrient Criteria for Virginia Streams and Rivers (Dr. Greg Garman)

Perspectives on Nutrient Criteria Development

5. Triennial Review Carryover Issues.  Several issues were introduced during the last Triennial Review (see rulemaking item #2) upon which regulatory action was postponed. DEQ staff were directed by the Board at the October 17, 2008 meeting to:

Directive #3. Direct staff to reconvene the triennial review ad hoc advisory committee to consider updates to aquatic life criteria for ammonia, copper, cadmium, cyanide and lead in § 9 VAC 25-260-140, Criteria for Surface Waters, and consider the need for a prohibition of any new or expanded mixing zones for persistent bioaccumulative toxic substances in § 9 VAC 25-260-20, General Criteria and Mixing Zones.

Action

Schedule

Other Information

Notice of Intented Regulatory Action (NOIRA)

These issues were introduced in 2006 Triennial Review NOIRA

Comment period September 18 - November 17, 2006

Public meeting October 12, 2006
Department of Environmental Quality Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA, at 2 p.m.

Townhall Agency Background Document (NOIRA)

Public meeting presentation

 Ad Hoc Advisory Committee Meetings

February 18, 2009 at our Piedmont Regional Office in Glen Allen, 1:00 PM

 

Advisory Committee

the issues

Feb. 18 presentaion

Feb. 18 meeting summary

 March 26, 2009 at our Piedmont Regional Office in Glen Allen, 1:00 PM

March 26 presentations

Persistant Bioaccumulative Toxics & Mixing Zones

Lead Conversion Factor

March 26 meeting summary

 April 29, 2009 at our Piedmont Regional Office in Glen Allen, 1:00 PM

 Cyanide water quality criteria-DEQ presentation

Proposed update of cyanide WQC-VAMWA presentation

Cadmium-USGS report-DEQ presentation

Proposed update of cadmium WQC-VAMWA presentation

USGS publication: Cadmium Risks to Freshwater Life

April 29 meeting summary

 May 26, 2009 at our Piedmont Regional Office in Glen Allen, 1:00 PM

 USFWS presentation - Inclusion of Freshwater Mussel Data in Criteria Development

DEQ presentation - Evaluating the Protection of EPA Criteria for Copper or Ammonia to Freshwater Mussels (USGS)

DEQ presentation - Copper & Ammonia Criteria Issues

SETAC Journals Online - Site-Specific Marine Water-Quality Criterion for Cyanide - Abstract and bilbliographic info only. Full article available by subscription or purchase. 

May 26 meeting summary

 June 17, 2009 at our Piedmont Regional Office in Glen Allen, 1:00 PM Recommendations for discussion

 

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