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Rulemaking information

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

Shellfish Aquaculture Enhancement Zones

Triennial Review
Exceptional State Waters (Tier 3)
Freshwater Nutrient Criteria

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. Shellfish Aquaculture Enhancement Zones.  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

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 -

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

ActionScheduleOther Information

Notice of Intented Regulatory Action

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.

 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

 

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 1
Schedule
Other Information
Petitions received by Board:
Cowpasture River and Simpson Creek

October 28, 2003

Riparian landowner and locality 60 day comment period ended March 1, 2004.

General public 21 day comment period ended March 1, 2004.



Notice of Intended Regulatory Action

Public Meeting

June 17, 2004 Board approved initiation of rulemaking process

Comment Period October 4 - November 15, 2004
Public Meeting November 10, 2004
Dabney S. Lancaster Community College
Comment Period Closed November 15, 2004

Townhall Agency Background (NOIRA)

 

 

 

Notice of Public Hearing (not approved for Cowpasture and portions of Simpson Creek on private land)

 

March 15, 2005

 

 

Board directed staff to evaluate portions of Simpson Creek and its tributaries that flow through the National Forest for Exceptional Waters designation.

Notice of Public Hearing and Comment Period approval for portions of Simpson Creek

 

Approved by State Water Control Board September 27, 2005

Comment period Jan 23 - April 11, 2006

Public Hearing March 27, 2006

5:30 p.m.

Dabney S. Lancaster Community College

Moomaw Student Center

Proposed Amendments

Townhall Agency Background document

Amendments designating Blue Suck Branch, Downey Branch, and North Branch Simpson Creek accepted at June 1, 2006 Board meeting

Effective pending EPA approval

Final Notice page 38 Townhall Agency Background document
EPA ReviewSubmitted to EPA May 21, 2007

EPA approval July 27, 2007

Effective date September 11, 2007

Action 2ScheduleOther Information

Amherst County Petition

Cove Creek

Little Cove Creek and tribs

Rocky Branch

North Fork Buffalo River (segment)

Roberts Creek

Shady Mountain Creek


Received Dec. 2, 2004

Riparian landowner and locality 60-day comment period ends Feb 24, 2005

General Public 21-day comment period is Jan 24 - Feb. 14, 2005

 

Notice of Intended Regulatory Action

Comment Period April 18 - May 27, 2005

Public Meeting May 24, 2005

Public Meeting on May 24

DEQ, South Central Regional Office

Townhall Agency Background (NOIRA)

Notice of Public Comment and Hearing

Approved by State Water Control Board September 27, 2005

Comment period Jan 23 - April 5, 2006

Public Hearing March 21, 2006

2:00 p.m.  DEQ South Central Regional Office

Proposed Language

Townhall Agency Background( NOPC)

Amendments designating all proposed waters accepted at June 1, 2006 Board meeting.

Effective pending EPA approval

Final Notice page 4141 

Townhall Agency Background document

EPA ReviewSubmitted to EPA May 21, 2007

EPA approval July 27, 2007

Effective date September 11, 2007

Action 3ScheduleOther 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

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 upon EPA approval

Action 4ScheduleOther 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 upon EPA approval

 

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, 2002DEQ 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. The Plan posted here is an EPA requested 2006 update of the March 2004 plan ; this updated plan was accepted by  EPA Region 3 in September, 2006. Nutrient Criteria Development Plan (Appendix A (VA Nutrient Enriched Waters - Lake Guidance), 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), Appendix M (Rivers & Streams Nutrient Criteria Timeline).  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 (RESERVOIRS AND LAKES)
Schedule
Other Information
Notice of Intended Regulatory Action - Reservoirs and Lakes Nutrient Criteria

Notice of Intended Regulatory Action comment period (February 21 – April 8, 2005) and three associated public meetings for the lake/reservoir nutrient criteria:

March 31, 2005 (DEQ Piedmont Office Glen Allen)

April 5, 2005 (DEQ West Central Office in Roanoke)

April 7, 2005 (DEQ Northern Office in Woodbridge)

Townhall Agency Background
Ad Hoc Advisory Committee MeetingsMay 4, June 8, July 7, August 9, 2005 at our Piedmont Regional Office in Glen Allen 10:00 a.m.

Summary of May 4, 2005 Meeting

Summary of June 8, 2005 Meeting

Summary of July 7, 2005 Meeting

Summary of August 9, 2005 Meeting

Notice of Public Comment and Hearing

 

 

 

Approved by State Water Control Board September 27, 2005

Public comment period: January 23, 2006 to April 7, 2006

Public hearing - March 23, 2006 at 10:00a.m. at DEQ Piedmont Regional Office

Proposed Language

Townhall Agency Background

Economic Impact Assessment

Amendments accepted at June 1, 2006 Board meeting.

 

Final Notice page 40 Townhall Agency Background Document - Final
EPA ReviewSubmitted to EPA January 3, 2007EPA approval received July 27, 2007
Effective dateAugust 14, 2007Virginia Register link
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

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

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