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State board adopts final Chesapeake Bay nutrient permit, removes proposed cross-tributary consolidation language
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Summary
The State Water Control Board voted to adopt the final general VPDES watershed permit for total nitrogen and phosphorus in the Chesapeake Bay watershed, after staff removed proposed language that would have permitted cross-tributary consolidation of load allocations following stakeholder and EPA input.
The State Water Control Board on April 7 adopted final amendments to the General Virginia Pollutant Discharge Elimination System watershed permit that regulate total nitrogen and total phosphorus discharges and rules for nutrient trading in the Chesapeake Bay watershed.
DEQ permit staff said the general permit covers 142 point-source facilities in the watershed and described the public-review process, EPA review and the agency’s responses to comments. "We currently have 142 facilities covered by this permit," DEQ staff said, summarizing the program’s scope. Staff described EPA comments seeking clarification on monitoring frequencies for specific flow tiers and said DEQ revised monitoring frequencies based on regulated-community requests, statistical evaluation and comparison with similar permits in other states.
During public comment, Chris Pomeroy of the Virginia Association of Municipal Wastewater Agencies urged the board to keep regulatory stability and support the reissuance. "VAMWA supports the reissuance and recommends it strongly," he said, noting the large public- and private-sector capital investments that have reduced point-source nutrient loads since 2005.
DEQ also described comments from the Chesapeake Bay Foundation asking DEQ to remove a proposed condition that would have allowed owners with facilities in different tributaries to consolidate mass loads across tributaries. After review, DEQ told the board it agreed additional regulatory change would be required and removed that proposed language from the final rule.
Staff recommended adoption of the final permit and that the board affirm the Administrative Process Act petition rights for reconsideration or revision. A board member moved to accept staff recommendations; the motion was seconded and the board voted in favor. The board recorded no opposition to the adoption and the motion carried.
Why it matters: The permit governs nutrient discharges from wastewater and certain industrial facilities across the Chesapeake Bay watershed in Virginia. It implements monitoring and load-allocation measures that contribute to the Chesapeake Bay TMDL efforts and affects capital planning for localities and utilities.
Next steps: DEQ will publish the final regulation as adopted and continue to accept petitions for reconsideration under the Administrative Process Act. DEQ staff said final details on monitoring frequencies and the permit fact sheet explain the basis for the adjustments announced at the hearing.
