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STATE WATER CONTROL BOARD
NOTICE OF PUBLIC COMMENT AND PUBLIC HEARING
WATER QUALITY STANDARDS AMENDMENTS- EXCEPTIONAL STATE
WATER DESIGNATIONS
ISSUED: January 24, 2005
COMMENT PERIOD CLOSES April 1, 2005 at 5:00 P.M.
Notice is hereby given in accordance with § 2.2-4007 and § 62.1-44.15:01 of the Code of Virginia that the State Water Control Board seeks comment on proposed amendments to the State's Water Quality Standards regulation as they relate to Exceptional State Water designations.
Summary: The State Water Control Board (Board) is proposing amendments to the Antidegradation Policy section ofd the State's Water Quality Standards Regulation to designate seven surface waters as Exceptional State Waters (9 VAC 25-260-30.A.3.c).
Basic: Statutory authority for promulgating these amendments can be found in §62.144.15(3a) of the Code of Virginia. The federal Clean Water Act at 303(c) mandates the Board to review and. as appropriate, modify and adopt water quality standards. The corresponding federal water quality standards regulation at 40 CFR 1316 descnbes the minimum requirements for water quality standards, including an antidegradation policy.
Purpose: This rulemaking is intended to provide special protection to these ten waters to maintain their current exceptional status. By ensuing that no water quality degradation is allowed to occur in waters with exceptional environmental settings and either exceptional recreational opportunities or exceptional aquatic communities, the Board is protecting these special waters at their present quality for use and enjoyment by future generations of Virginians.
Substance: The amendments to the Antidegradation Policy of the Water Quality Standards would designate portions of Big Run, Doyles River, East Hawksbill Creek, Jeremys Run, East Branch Naked Creek, Piney River, and North Fork Thornton River for special protection as Exceptional State Waters
Issues: Upon permanent regulatory designation of a water body as an Exceptional State Water, the quality of that water body would be maintained and protected by not allowing any degradation except on a very short-term basis. No new. additional or increased point source discharge of sewage, industrial wastes or other pollution would be allowed into the designated water In addition, no new mixing zones would be allowed in an Exceptional State Water and mixing zones from upstream or tributory waters could not extend into the Exceptional State Waters sections.
Localities Particularly Affected: Counties of Albemarle, Page, Rappahannock, and Rockingham.
Public Participation: In addition to any other comments, the Board is seeking comments on the costs and benefits of the proposal and on any impacts of the regulation on farm and forest land preservation.
Anyone wishing to submit written comments for the public comment file may do so at the public hearing, by mail or by e-mail or fax to the Department of Environmental Quality (DEQ) staff contact person below. Written comments must include the name and address of the commenter. In order to be considered comments must be received by the close of the comment period at 5:00 p.m. on April 1,2005.
A public hearing will be held on March 7, 2005. at 2:00 P.M. at the Luray Fire Station, 1 Firehouse Lane, Luray, VA 22835. Both oral and written comments may be submitted at that time.
A question and answer period will be held one half hour pnor to the beginning of the public hearing
The hearing will be held at a public facility believed to be accessible to persons with disabilities. Any person with questions on the accessibility of the facilities should contact Jean Gregory at the address or phone numbers below. Persons who wish to request interpreter services for the deaf must notify Ms. Gregory no later than February 7, 2005.
The Board will hold a formal heanng at a time and place to be established, if a petition for such a heanng is received and granted. Affected persons may petition for a formal hearing concerning any issue of fact directly relevant to the legal validity of the proposed action Petitions must meet the requirements of § 1 23(b) of the Board's Procedural Rule No 1 (1980), and must be received by the contact person within 30 days of date of publication in the Virginia register.
Other Information: Additional information is available on the DEQ web site at http://www.deq Virginia.gov/wqs or from the contact pcson below. An impact analysis has been conducted by the Department of Planning and Budgot and is available to the public upon request from the c m*act person below
Contact: Jean Gregory. DEQ. P.O. Box 10009. Richmond. VA 23240. (804) 698-4113. by fax to (804) 698-4522 or e-mail iwareaorv@dea Virginia gov for information, copies of the proposal and to submit comments.
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