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.
| Action | Schedule | Other 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 March 18 - April 24 - May 22 - June 19 - |
2. Triennial Review. This is a mandated review once every three years.
| Action | Schedule | Other Information |
|---|---|---|
Comment period September 18 - November 17, 2006 Public meeting October 12, 2006 | ||
| 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 Toxics Criteria Issues Presentation Summary of December 1, 2006 meeting Feb. 21, 2007 presentations City of Richmond Bacteria Study Summary of February 21, 2007 meeting March 21, 2007 presentations Mixing Zones & Antidegradation Roanoke River Manganese Special Standard Summary of March 21, 2007 meeting April 18, 2007 presentations Chesapeake Bay Criteria Amendments Summary of April 18, 2007 meeting May 9, 2007 presentations |
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 | Attachment to Memo - Triennial Review Proposed Language Attachment to Memo NOIRA Summary of Comment Attachment Policy Paper Bacteria |
| 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 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) Deep Creek (Nottoway Co.) Feeder Ditch, Lake Drummond, DO & pH
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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 states 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 | 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 | 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 Review | Submitted to EPA May 21, 2007 | Effective date September 11, 2007 |
| Action 2 | Schedule | Other Information |
|---|---|---|
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 |
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| Notice of Intended Regulatory Action | Comment Period April 18 - May 27, 2005 Public Meeting May 24, 2005 | Public Meeting on May 24 |
| 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 | Townhall Agency Background( NOPC) Amendments designating all proposed waters accepted at June 1, 2006 Board meeting. Effective pending EPA approval |
| Final Notice page 4141 | ||
| EPA Review | Submitted to EPA May 21, 2007 | Effective date September 11, 2007 |
| Action 3 | Schedule | Other 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 | Townhall Agency Background Document (NOIRA) |
SWCB meeting | June 27, 2007 | Staff 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 4 | Schedule | Other 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, 2007 | SWCB 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, 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. 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.
| Action | Schedule | Other Information |
|---|---|---|
| Academic Advisory Committee (AAC) Meeting |
| AAC Report 2004 AAC Lake Dissolved Oxygen Responses |
| Stakeholders Meeting | August 18, 2004 | Presentations from Stakeholder meeting: |
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 Meetings | May 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 |
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 | Amendments accepted at June 1, 2006 Board meeting.
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| Final Notice page 40 | Townhall Agency Background Document - Final | |
| EPA Review | Submitted to EPA January 3, 2007 | EPA approval received July 27, 2007 |
| Effective date | August 14, 2007 | Virginia Register link |
| Action (RIVERS AND STREAMS) | Schedule | Other information |
| Notice of Intended Regulatory Action (NOIRA) | Pending | AAC Literature Review for Rivers & Streams AAC Rivers & Streams Report 12/2006 Weight of Evidence Screening Value Approach to Nutrient Criteria Development for Wadeable Streams |
| Stakeholders Meeting | October 23, 2006 at DEQ Piedmont Regional Office in Glen Allen 10:00 a.m. - 1:00 p.m. | Presentations from Stakeholder meeting Current AAC recommendation status Presentation - Va. Association of Municipal Wastewater Agencies (VAMWA) |
Stakeholders Meeting | 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) |