Chapter 40. Regulation for Nutrient Enriched Waters and Dischargers within the Chesapeake Bay Watershed
9VAC25-40-10. Purpose.
This regulation provides for the control of discharges of nutrients from point sources affecting state waters that are designated "nutrient enriched waters" in 9VAC25-260-350 or are located within the Chesapeake Bay watershed, which consists of the following Virginia river basins: Potomac River Basin (9VAC25-260-390 and 9VAC25-260-400), James River Basin (9VAC25-260-410, 9VAC25-260-415, 9VAC25-260-420, and 9VAC25-260-430), Rappahannock River Basin (9VAC25-260-440), Chesapeake Bay and small coastal basins (9VAC25-260-520, Sections 2 through 3g), and the York River Basin (9VAC25-260-530).
The provisions of this regulation and the Water Quality Management Planning Regulation (9VAC25-720) constitute the nutrient reduction requirements for point source discharges in the Chesapeake Bay Watershed to protect the Chesapeake Bay and its tidal rivers.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia; § 303 of the federal Clean Water Act.
Historical Notes
Derived from VR680-14-02 § 1, eff. May 25, 1988; amended, Virginia Register Volume 22, Issue 3, eff. November 16, 2005.
9VAC25-40-20. (Repealed.)
Historical Notes
Derived from VR680-14-02 § 2, eff. May 25, 1988; repealed, Virginia Register Volume 22, Issue 3, eff. November 16, 2005.
9VAC25-40-25. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Board" means the State Water Control Board. When used outside the context of the promulgation of regulations, including regulations to establish general permits, "board" means the Department of Environmental Quality.
"Department" means the Department of Environmental Quality.
"Equivalent load" means 2,300 pounds per year of total nitrogen and 300 pounds per year of total phosphorus at a flow volume of 40,000 gallons per day; 5,700 pounds per year of total nitrogen and 760 pounds per year of total phosphorus at a flow volume of 100,000 gallons per day; and 28,500 pounds per year of total nitrogen and 3,800 pounds per year of total phosphorus at a flow volume of 500,000 gallons per day.
"Expansion" or "expands" means initiating construction at an existing facility after July 1, 2005, to increase treatment capacity, except that the term does not apply in those cases where a Certificate to Construct was issued on or before July 1, 2005.
"Point source dischargers" or "dischargers" do not include permitted discharges of noncontact cooling water or storm water.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia; § 303 of the federal Clean Water Act.
Historical Notes
Derived from Virginia Register Volume 22, Issue 3, eff. November 16, 2005; amended, Virginia Register Volume 39, Issue 5, eff. November 23, 2022.
9VAC25-40-30. Strategy for "nutrient enriched waters" outside of Chesapeake Bay Watershed.
A. All dischargers authorized by VPDES permits to discharge 1.0 MGD or more to "nutrient enriched waters" shall meet a monthly average total phosphorus effluent limitation of 2.0 mg/l.
B. New dischargers as defined in 9VAC25-31 with a permit issued after July 1, 1988, and are authorized by VPDES permits to discharge 0.050 MGD or more to "nutrient enriched waters" shall be required to meet a monthly average total phosphorus effluent limitation of 2.0 mg/l.
C. This regulation shall not be construed to relax any effluent limitation concerning a nutrient that is imposed under any other requirement of state or federal law.
D. Any discharger to "nutrient enriched waters" that is located within the Chesapeake Bay Watershed is not subject to the requirements of this section.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia; § 303 of the federal Clean Water Act.
Historical Notes
Derived from VR680-14-02 § 3, eff. May 25, 1988; amended, Virginia Register Volume 22, Issue 3, eff. November 16, 2005.
9VAC25-40-40. Permit amendments.
Whenever the department determines that a permittee has the potential for discharging monthly average total phosphorus concentrations greater than or equal to 2.0 mg/l or monthly average total nitrogen concentrations greater than or equal to 10 mg/l to "nutrient enriched waters," the department may reopen the VPDES permit to impose monitoring requirements for nutrients in the discharge.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia; § 303 of the federal Clean Water Act.
Historical Notes
Derived from VR680-14-02 § 4, eff. May 25, 1988; amended, Virginia Register Volume 22, Issue 3, eff. November 16, 2005; Volume 39, Issue 5, eff. November 23, 2022.
9VAC25-40-50. Possibility of further limitations.
The board anticipates that, following implementation of the foregoing requirements and evaluation of effects of this regulation and of the results of the nonpoint source control programs, further limitations on discharges of phosphorus or of other nutrients may be necessary to control undesirable growths of aquatic plants.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia; § 303 of the federal Clean Water Act.
Historical Notes
Derived from VR680-14-02 § 5, eff. May 25, 1988; amended, Virginia Register Volume 22, Issue 3, eff. November 16, 2005.
9VAC25-40-60. Other state petitions.
The board may entertain petitions from adjoining states to consider rulemakings to control nutrients entering tributaries to "nutrient enriched waters" of the adjoining state.
Statutory Authority
§ 62.1-44.15(10) of the Code of Virginia.
Historical Notes
Derived from VR680-14-02 § 6, eff. May 25, 1988.
9VAC25-40-70. Strategy for Chesapeake Bay Watershed.
A. As specified herein, the department shall include technology-based effluent concentration limitations in the individual permit for any facility that has installed technology for the control of nitrogen and phosphorus whether by new construction, expansion, or upgrade. Such limitations shall be based upon the technology installed by the facility and shall be expressed as annual average concentrations.
1. Except as provided under subdivision 4 of this subsection, an owner or operator of a facility authorized by a Virginia Pollutant Discharge Elimination System permit first issued before July 1, 2005, that expands his facility to discharge 100,000 gallons or more per day, or an equivalent load directly into tidal waters, or 500,000 gallons or more per day, or an equivalent load, directly into nontidal waters shall install state-of-the-art nutrient removal technology at the time of the expansion and achieve an annual average total nitrogen effluent concentration of 3.0 milligrams per liter and an annual average total phosphorus effluent concentration of 0.3 milligrams per liter.
2. Except as provided under subdivision 4 of this subsection, an owner or operator of a facility authorized by a Virginia Pollutant Discharge Elimination System permit first issued before July 1, 2005, that expands his facility to discharge 100,000 gallons or more per day up to and including 499,999 gallons per day, or an equivalent load, directly into nontidal waters shall install, at a minimum, biological nutrient removal technology at the time of the expansion and achieve an annual average total nitrogen effluent concentration of 8.0 milligrams per liter and an annual average total phosphorus effluent concentration of 1.0 milligrams per liter.
3. Except as provided under subdivision 4 of this subsection, an owner or operator of a facility authorized by a Virginia Pollutant Discharge Elimination System permit first issued on or after July 1, 2005, to discharge 40,000 gallons or more per day, or an equivalent load, shall install:
a. At a minimum, biological nutrient removal technology at any facility authorized to discharge up to and including 99,999 gallons per day, or an equivalent load, directly into tidal and nontidal waters or up to and including 499,999 gallons per day, or an equivalent load, to nontidal waters and achieve an annual average total nitrogen effluent concentration of 8.0 milligrams per liter and an annual average total phosphorus effluent concentration of 1.0 milligrams per liter; and
b. State-of-the-art nutrient removal technology at any facility authorized to discharge 100,000 gallons or more per day, or an equivalent load, directly into tidal waters or 500,000 gallons or more per day, or an equivalent load, directly into nontidal waters and achieve an annual average total nitrogen effluent concentration of 3.0 milligrams per liter and an annual average total phosphorus effluent concentration of 0.3 milligrams per liter.
4. On a case-by-case basis, the department may establish a technology-based standard and associated concentration limitation less stringent than the applicable standard specified in subdivision 1, 2 or 3 of this subsection, as applicable, based on a demonstration by an owner or operator that the specified standard is not technically or economically feasible for the affected facility or that the technology-based standard and associated concentration limitation would degrade receiving waters or require the owner or operator to construct treatment facilities not otherwise necessary to comply with his waste load allocation without reliance on nutrient credit exchanges pursuant to § 62.1-44.19:18 of the Code of Virginia, provided, however, the discharger must achieve an annual total nitrogen waste load allocation and an annual total phosphorus waste load allocation as required by the Water Quality Management Planning Regulation (9VAC25-720).
5. Any effluent limitation concerning a nutrient that is imposed under any other requirement of state or federal law or regulation that is more stringent than those established herein shall not be affected by this regulation.
B. In accordance with Article 1.1 (§ 10.1-1187.1 et seq.) of Chapter 11.1 of Title 10.1 of the Code of Virginia, the department may approve an alternate compliance method to the technology-based effluent concentration limitations as required by subsection A of this section. Such alternate compliance method shall be incorporated into the permit of an Exemplary Environmental Enterprise (E3) facility or an Extraordinary Environmental Enterprise (E4) facility to allow the suspension of applicable technology-based effluent concentration limitations during the period the E3 or E4 facility has a fully implemented environmental management system that includes operation of installed nutrient removal technologies at the treatment efficiency levels for which they were designed.
C. Notwithstanding subsection A of this section, point source dischargers within the Chesapeake Bay Watershed are also governed by the Water Quality Management Planning Regulation (9VAC25-720).
Statutory Authority
§ 62.1-44.15 of the Code of Virginia; § 303 of the federal Clean Water Act.
Historical Notes
Derived from Virginia Register Volume 22, Issue 3, eff. November 16, 2005; amended, Virginia Register Volume 39, Issue 5, eff. November 23, 2022.