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Impaired Waters Cleanup Plan Point Source Nutrient Discharge Control Monitoring Program Elizabeth River Watershed Action Plan Downloadable Documents Water Quality Improvement Fund

       

POINT SOURCE NUTRIENT DISCHARGE CONTROL

Nitrogen and phosphorus discharges throughout the Bay watershed have been shown to impact the water quality in the Bay and its tidal rivers.  As a result, the SWCB adopted several regulations in 2005-06 controlling the discharge of total nitrogen and total phosphorus within the Virginia portion of the Chesapeake Bay watershed.

For the total nitrogen and total phosphorus annual waste load allocations approved by the State Water Control Board for the significant point source dischargers in the Virginia portion of the Chesapeake Bay Watershed, please see the following links:

Numerical limitations for total nitrogen and total phosphorus that are more restrictive than the Board approved numerical limitations included in the nutrient regulations may be needed for some discharges/watersheds, in order to meet the requirement of the Virginia Water Quality Standards or any applicable TMDL.

Other information and/or links which may be of interest are as follows.

RULEMAKINGS
                
Amend Nutrient Waste Load Allocations in Section 720-50.C. to Transfer Unused Allocations to Certain Dischargers to Maintain Potomac Basin Cap
 
Purpose: The purpose of this intended regulatory action is to identify unused nutrient waste load allocations (WLAs) assigned to dischargers within the Shenandoah-Potomac River Basin. These WLAs may then be transferred to offset additional allocations assigned to certain other dischargers who the State Water Control Board determines did not receive an equitable share of the total basin allocation, thereby maintaining the basin point source nutrient load cap and protecting water quality within the river basin and the Chesapeake Bay.
 
Currently, two dischargers have been identified as potentially needing offsets: Merck, Inc. and Fauquier Co. Water & Sewer Authority – Vint Hill STP. Merck received a conditionally-approved WLA increase because their original allocations were technologically unachievable. FCW&SA-Vint Hill claims they did not receive an equitable share of the basin point source nitrogen allocation cap, and a separate rulemaking is underway to consider that request.
 
Among the facilities whose unused allocations are to be considered for transfer are the former Pilgrims Pride Alma facility (now owned by JP Salyards, Transportation LCC) and the Shenandoah County – North Fork Regional WWTP (former Aileen, Inc.). The total allocation from these two facilities would exceed Merck’s need for additional nitrogen allocation and meet about half of Merck’s need for additional phosphorous allocation. If a negotiated purchase of allocations is not successful, the Board may amend the WQMP regulation for certain dischargers to secure the needed allocations so the point source nutrient load cap for the Basin is maintained. Other dischargers being examined at this time for transfer of WLAs are Town of Leesburg, Upper Occoquan Service Authority, and Town of Round Hill.
 
Status: The Notice of Intended Regulatory Action (NOIRA) Background Document was published in the Virginia Register on 7/20/09, and the public comment period ended 8/19/09.
 
A Regulatory Advisory Panel (RAP) was formed and met on 11/4/09. Meeting minutes. 
The following meeting materials were provided to the RAP:

Future Actions

The next step in the rulemaking is to consider the information presented at the RAP meeting, along with other comments on the NOIRA, and form a staff recommendation for DEQ upper management to review. If it appears necessary, a follow-up RAP meeting will be scheduled, but in any event the RAP will be briefed on staff recommendations that may be brought to the State Water Control Board for their consideration before moving into the “Proposed Amendments” stage. The earliest that is likely to occur would be at the Board’s spring 2010 meeting.
  

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