Current through Register Vol. 41, No. 3, September 23, 2024
A. As specified
herein, the department shall include technology-based effluent concentration
limitations in the individual permit for any facility that has installed
technology for the control of nitrogen and phosphorus whether by new
construction, expansion, or upgrade. Such limitations shall be based upon the
technology installed by the facility and shall be expressed as annual average
concentrations.
1. Except as provided under
subdivision 4 of this subsection, an owner or operator of a facility authorized
by a Virginia Pollutant Discharge Elimination System permit first issued before
July 1, 2005, that expands his facility to discharge 100,000 gallons or more
per day, or an equivalent load directly into tidal waters, or 500,000 gallons
or more per day, or an equivalent load, directly into nontidal waters shall
install state-of-the-art nutrient removal technology at the time of the
expansion and achieve an annual average total nitrogen effluent concentration
of 3.0 milligrams per liter and an annual average total phosphorus effluent
concentration of 0.3 milligrams per liter.
2. Except as provided under subdivision 4 of
this subsection, an owner or operator of a facility authorized by a Virginia
Pollutant Discharge Elimination System permit first issued before July 1, 2005,
that expands his facility to discharge 100,000 gallons or more per day up to
and including 499,999 gallons per day, or an equivalent load, directly into
nontidal waters shall install, at a minimum, biological nutrient removal
technology at the time of the expansion and achieve an annual average total
nitrogen effluent concentration of 8.0 milligrams per liter and an annual
average total phosphorus effluent concentration of 1.0 milligrams per
liter.
3. Except as provided under
subdivision 4 of this subsection, an owner or operator of a facility authorized
by a Virginia Pollutant Discharge Elimination System permit first issued on or
after July 1, 2005, to discharge 40,000 gallons or more per day, or an
equivalent load, shall install:
a. At a
minimum, biological nutrient removal technology at any facility authorized to
discharge up to and including 99,999 gallons per day, or an equivalent load,
directly into tidal and nontidal waters or up to and including 499,999 gallons
per day, or an equivalent load, to nontidal waters and achieve an annual
average total nitrogen effluent concentration of 8.0 milligrams per liter and
an annual average total phosphorus effluent concentration of 1.0 milligrams per
liter; and
b. State-of-the-art
nutrient removal technology at any facility authorized to discharge 100,000
gallons or more per day, or an equivalent load, directly into tidal waters or
500,000 gallons or more per day, or an equivalent load, directly into nontidal
waters and achieve an annual average total nitrogen effluent concentration of
3.0 milligrams per liter and an annual average total phosphorus effluent
concentration of 0.3 milligrams per liter.
4. On a case-by-case basis, the department
may establish a technology-based standard and associated concentration
limitation less stringent than the applicable standard specified in subdivision
1, 2 or 3 of this subsection, as applicable, based on a demonstration by an
owner or operator that the specified standard is not technically or
economically feasible for the affected facility or that the technology-based
standard and associated concentration limitation would degrade receiving waters
or require the owner or operator to construct treatment facilities not
otherwise necessary to comply with his waste load allocation without reliance
on nutrient credit exchanges pursuant to § 62.1-44.19:18 of the Code of
Virginia, provided, however, the discharger must achieve an annual total
nitrogen waste load allocation and an annual total phosphorus waste load
allocation as required by the Water Quality Management Planning Regulation
(9VAC25-720).
5. Any effluent
limitation concerning a nutrient that is imposed under any other requirement of
state or federal law or regulation that is more stringent than those
established herein shall not be affected by this regulation.
B. In accordance with Article 1.1
(§ 10.1-1187.1 et seq.) of Chapter 11.1 of Title 10.1 of the Code of
Virginia, the department may approve an alternate compliance method to the
technology-based effluent concentration limitations as required by subsection A
of this section. Such alternate compliance method shall be incorporated into
the permit of an Exemplary Environmental Enterprise (E3) facility or an
Extraordinary Environmental Enterprise (E4) facility to allow the suspension of
applicable technology-based effluent concentration limitations during the
period the E3 or E4 facility has a fully implemented environmental management
system that includes operation of installed nutrient removal technologies at
the treatment efficiency levels for which they were designed.
C. Notwithstanding subsection A of this
section, point source dischargers within the Chesapeake Bay Watershed are also
governed by the Water Quality Management Planning Regulation
(9VAC25-720).
Statutory Authority: § 62.1-44.15 of the Code of
Virginia; § 303 of the federal Clean Water
Act.
