PETITIONS FOR RULEMAKINGVol. 26 Iss. 6 - November 23, 2009
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Agency Decision
Title of Regulation: 9VAC25-720. Water Quality Management Planning Regulation.
Statutory Authority: § 62.1-44.15 of the Code of Virginia.
Name of Petitioner: C. Lee Lintecum, County Administrator.
Nature of Petitioner's Request: Amend the Water Quality Management Planning Regulation, 9VAC25-720-120 C, to include total nitrogen and total phosphorus waste load allocations for Louisa County's Zion Crossroads wastewater facility (VPDES Permit No. 0090743). The discharge permit, reissued March 28, 2002 (expires March 28, 2007), contains flow tiers of 0.10 and 0.70 million gallons per day (MGD). The plant currently operates at 0.10 MGD and the county plans to expand the design flow to the higher tier. The county claims that the expansion to 0.70 MGD will be completed and a Certificate to Operate will be issued by the first quarter of 2009.
Agency Decision: Request denied.
Statement of Reasons for Decision: The petition was denied, based on the following:
1. Louisa County did not pursue the increased WLAs due to a plant expansion under the original rulemaking adopted by the board in 2005. Further increases should be avoided when possible to aid in meeting and maintaining water quality standards. In addition, the county has the capability to meet its TN WLA by operating available nutrient reduction technology (state of the art treatment, TN = 3.0 mg/l annual average) up to a flow of 0.62 MGD. At a design flow of 0.7 MGD, the county would need to acquire 700 lbs/yr of TN offsets under the Nutrient Credit Exchange Program. The TN offset could also be achieved through reclamation/reuse, thus reducing the surface water discharge. The TP WLA can be achieved at 0.7 MGD design flow through operation at 0.29 mg/l annual average, which is possible using available technology.
2. Louisa County has not provided a reasonable assurance that the CTO for the expanded plant will be secured by December 31, 2010. Design documents were not submitted by the date shown on the county's revised schedule (due three months ago), and the project does not have an approved Preliminary Engineering Report (the PER is a precursor to design plans and specifications). The Zion Crossroads upgrade/expansion project PER was submitted September 10, 2007, revised February 26, 2008, commented on by DEQ March 27, 2008, and returned to the county November 13, 2008. Current review status is "inactive."
As a result of the decision to deny the petition, the regulatory action initiated by publication of a NOIRA on February 4, 2009, is being withdrawn.
Agency Contact: John M. Kennedy, Chesapeake Bay Program Manager, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4312, FAX (804) 698-4116, or email jmkennedy@deq.virginia.gov.
VA.R. Doc. No. R07-210; Filed November 4, 2009, 11:21 a.m.
Agency Decision
Title of Regulation: 9VAC25-720. Water Quality Management Planning Regulation.
Statutory Authority: § 62.1-44.15 of the Code of Virginia.
Name of Petitioner: Christopher D. Hively, PE, Environmental Services Director.
Nature of Petitioner's Request: Amend the Water Quality Management Planning Regulation (9VAC25-720-70 C, Rappahannock River Basin), to increase total nitrogen (TN) and total phosphorus (TP) waste load allocations (WLAs) for the Town of Culpeper wastewater plant (VPDES Permit No. 0061590). Current nutrient WLAs are TN = 54,820 lb/yr; TP = 4,112 lb/yr, based on a design flow of 4.5 million gallons per day (MGD). The town is expanding the plant to 6 MGD and installing state-of-the-art nutrient reduction technology. Construction is underway, with work expected to be completed and the facility certified for operation by December 31, 2010. Culpeper requests the WLAs be amended to TN = 73,058 lbs/yr (an 18,238 lb/yr increase) and TP = 5,479 lbs/yr (a 1,367 lb/yr increase), to reflect the 6 MGD design flow.
Agency Decision: Request denied.
Statement of Reasons for Decision: The petition was denied since the town's request for the increased WLAs due to a plant expansion to 6.0 MGD under the original rulemaking in 2005 was not recommended by the staff, and the board adopted conditional WLAs for the town based on a design flow of 4.5 MGD. The town has the capability to meet its TN WLA by operating the upgraded nutrient reduction technology, now being installed, at its design intent up to a flow of 6.0 MGD. The TP WLA can be achieved at 6.0 MGD design flow through operation at 0.22 mg/l annual average, which is possible using available technology. Given Culpeper County's 1.5 MGD design flow WLAs, at a minimum, for Mountain Run STP and their stated intention to build a 2.5 MGD plant (P&S approved, Certificate to Construct issued but project not yet bid), granting an additional 1.5 MGD capacity and associated WLA to the town may be excessive for the area and the Rappahannock basin.
Further, there appears to be an opportunity for a shared, regional approach to address the capacity needs of the town and the county for future service areas that has not been fully explored. A Memorandum of Understanding has been signed and discussions have taken place between the localities on this and other issues facing the region, but no final solution has been agreed upon yet. Conditions are essentially the same as when the board adopted the original "footnoted" WLAs for the town based on 4.5 MGD, in terms of justifying additional design flow.
Agency Contact: John M. Kennedy, Chesapeake Bay Program Manager, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4312, TTY 1-800-592-5482, or email jmkennedy@deq.virginia.gov.
VA.R. Doc. No. R09-30; November 4, 2009, 11:21 a.m.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF PSYCHOLOGY
Agency Decision
Title of Regulation: 18VAC125-20. Regulations Governing the Practice of Psychology.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Mary E. Olbrisch, Ph.D.
Nature of Petitioner's Request: To amend regulations for a residency to allow residents to count the hours of experience obtained while securing necessary documentation for the application and awaiting board approval.
Agency Decision: Request denied.
Statement of Reasons for Decision: The board has initiated regulatory action to change the residency requirements in order to accept certain pre-internship hours in approved educational programs. Additionally, there are already procedures in place to compensate for any delays in receiving transcripts, and reviews of documentation occur regularly and do not require board action at a scheduled meeting.
Agency Contact: Evelyn B. Brown, Executive Director, Board of Psychology, 9960 Mayland Drive, Richmond, VA 23233, telephone (804) 367-4488, FAX (804) 527-4435, or email evelyn.brown@dhp.virginia.gov.
VA.R. Doc. No. R10-03; Filed October 28, 2009, 10:03 a.m.
