Rulemaking information

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.

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

House Room C
General Assembly Building
9th & Broad Streets
Richmond, Virginia
Convene – 9:30 AM

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.

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.

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.