PUBLIC NOTICE AND NOTICE OF PUBLIC COMMENT

PUBLIC NOTICE AND NOTICE OF PUBLIC COMMENT AND PUBLIC HEARING, GENERAL VIRGINIA POLLUTION DISCHARGE ELIMINATION SYSTEM (VPDES) WATERSHED PERMIT REGULATION FOR TOTAL NITROGEN AND TOTAL PHOSPHORUS DISCHARGES

AND NUTRIENT TRADING IN THE CHESAPEAKE BAY WATERSHED IN VIRGINIA,

9 VAC 25-820-10 et seq. STATE WATER CONTROL BOARD. ISSUED: May 1, 2006.

Permit Number: To be determined Name of Permittee: Any owner or operator of wastewater discharges in the Chesapeake Bay in Virginia. Facility Location: Commonwealth of Virginia. Receiving Waters: Surface waters within the Chesapeake Bay Watershed, within the boundaries of the Commonwealth of Virginia, except those specifically named in other Board Regulations or Policies which prohibit such discharges. SUBJECT: Notice is hereby given that the State Water Control Board intends to adopt a regulation entitled 9 VAC 25-820-10 et seq.. General Virginia Pollutant Discharge Elimination System (VPDES) Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia. Public Notice is also given that the State Water Control Board has under consideration the issuance of a General VPDES Permit (VAGxx) to discharge to State Waters and State Certification under the State Water Control Law. SUBSTANCE: The proposed issuance is tentative. On the basis of preliminary review and application of lawful standards and regulations, the State Water Control Board proposes to issue the general permit subject to certain conditions and has prepared a draft permit. The proposed general permit establishes schedules of compliance for the following watersheds to achieve annual load limits for total nitrogen and total phosphorus: James, York, Rappahannock, Shenandoah/Potomac and Eastern Shore. This proposed general permit also defines which facilities are required to register for general permit coverage, requires the submittal of compliance plans by existing facilities subject to this general permit and allows trading of total nitrogen and total phosphorus between individual dischargers within a watershed as a means of compliance with assigned annual load limits. This proposed general permit also establishes installed technology and nutrient offset requirements for new and expanded facilities. The proposed general permit contains load limits for total nitrogen and total phosphorus, and monitoring requirements on discharges to surface waters for the following parameters: flow, totalized and recorded gallons per day; total nitrogen compounds, pounds per month and pounds per year; total phosphorus compounds, pounds per month and pounds per year. Monitoring frequency requirements are divided into three categories depending upon the nutrient loads discharged from the facility. The proposed general permit also sets forth the minimum information requirements for facilities required to register. AFFECTED LOCALITY: The proposed regulation will be applicable throughout those parts of the Commonwealth that drain to the Chesapeake Bay or its tributaries, and the proposed regulation has the potential to affect the localities therein. PUBLIC HEARING: Public hearings to receive comments on the proposed general permit regulation will be held at: 2:00 p.m. on Tuesday, May 23, 2006 at the Preston Library, located on the post of Virginia Military Institute, Lexington; 2:00 p.m. on Wednesday, May 24, 2006 at the Department of Environmental Quality Northern Virginia Regional Office, 13901 Crown Court, Wfodbridge; 2:00 p.m. on Tuesday, June 6, 2006 at the Department of Environmental Quality Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, and 3:00 p.m. on Monday, June 12, 2006 at the Department of Environmental Quality Piedmont Regional Office, 4949 A Cox Road, Glen Allen. QUESTION AND ANSWER PERIOD: A question and answer period will be held one half hour prior to the public hearing at the same location. Interested citizens will have an opportunity to ask questions pertaining to the proposal at that time. ACCESSIBILITY TO PERSONS WITH DISABILITIES: The public hearing will be held at facilities believed to be accessible to persons with disabilities. Questions should be directed to the staff contact listed below. REQUEST FOR COMMENTS: The Board is seeking comments from interested persons on both the proposed regulatory action and the draft permit. Written comments on the proposed reissuance of the permit and on the proposed regulation must be received no later than 4:00 p.m. on Friday, June 30, 2006, and should be submitted to Mr. Winter at the address given below. Comments shall include the name, address, and telephone number of the writer, and shall contain a complete, concise statement of the factual > basis for comments. Only those comments received within this period will be considered by the Board. CONTACT PERSON: For additional information, including a copy of the proposed regulation/draft permit and permit fact sheet or to review copies of material or applicable laws and regulations, contact Kyle Ivar Winter, P.E., Department of Environmental Oualitv P. O. Box 10009, Richmond, Virginia 23240, phone (804) 698-4182, fax (804) 698-4032, or e-mail kiwinter@deq.virginia.gov 4/27/06

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