Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 25 - STATE WATER CONTROL BOARD
Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION
Part VII - Virginia Pollutant Discharge Elimination System (VPDES) Permits
Article 4 - Permit Conditions
Section 9VAC25-875-1030 - Establishing limitations, standards, and other permit conditions
Universal Citation: 9 VA Admin Code 9VAC25-875-1030
Current through Register Vol. 41, No. 3, September 23, 2024
A. In addition to the conditions established under 9VAC25-875-1020 A, each permit shall include conditions meeting the following requirements when applicable.
1. Technology-based effluent limitations and
standards based on effluent limitations and standards promulgated under §
301 of the CWA, on new source performance standards promulgated under §
306 of CWA, on case-by-case effluent limitations determined under §
402(a)(1) of CWA, or a combination of the three. For new sources or new
dischargers, these technology-based limitations and standards are subject to
the provisions of
9VAC25-875-990 B (protection
period).
2. The department may
authorize a discharger subject to technology-based effluent limitations
guidelines and standards in a permit to forgo sampling of a pollutant found at
40 CFR Subchapter N if the discharger has demonstrated through sampling and
other technical factors that the pollutant is not present in the discharge or
is present only at background levels from intake water and without any increase
in the pollutant due to activities of the discharger. This waiver is good only
for the term of the permit and is not available during the term of the first
permit issued to a discharger. Any request for this waiver must be submitted
when applying for a reissued permit or modification of a reissued permit. The
request must demonstrate through sampling or other technical information,
including information generated during an earlier permit term, that the
pollutant is not present in the discharge or is present only at background
levels from intake water and without any increase in the pollutant due to
activities of the discharger. Any grant of the monitoring waiver must be
included in the permit as an express permit condition, and the reasons
supporting the grant must be documented in the permit's fact sheet or statement
of basis. This provision does not supersede certification processes and
requirements already established in existing effluent limitations guidelines
and standards.
B. Other effluent limitations and standards under §§ 301, 302, 303, 307, 318, and 405 of the CWA. If any applicable toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is promulgated under § 307(a) of the CWA for a toxic pollutant and that standard or prohibition is more stringent than any limitation on the pollutant in the permit, the department shall institute proceedings under this chapter to modify or revoke and reissue the permit to conform to the toxic effluent standard or prohibition.
C. Water quality standards and state requirements. Any requirements in addition to or more stringent than promulgated effluent limitations guidelines or standards under §§ 301, 304, 306, 307, 318, and 405 of the CWA necessary to:
1. Achieve water quality standards
established under the State Water Control Law and § 303 of the CWA,
including state narrative criteria for water quality.
a. Limitations must control all pollutants or
pollutant parameters (either conventional, nonconventional, or toxic
pollutants) that the department determines are or may be discharged at a level
that will cause, have the reasonable potential to cause, or contribute to an
excursion above any Virginia water quality standard, including Virginia
narrative criteria for water quality.
b. When determining whether a discharge
causes, has the reasonable potential to cause, or contributes to an in-stream
excursion above a narrative or numeric criteria within a Virginia water quality
standard, the department shall use procedures that account for existing
controls on point and nonpoint sources of pollution, the variability of the
pollutant or pollutant parameter in the effluent, the sensitivity of the
species to toxicity testing (when evaluating whole effluent toxicity), and
where appropriate, the dilution of the effluent in the receiving
water.
c. When the department
determines, using the procedures in subdivision 1 b of this subsection, that a
discharge causes, has the reasonable potential to cause, or contributes to an
in-stream excursion above the allowable ambient concentration of a Virginia
numeric criteria within a Virginia water quality standard for an individual
pollutant, the permit must contain effluent limits for that
pollutant.
d. Except as provided in
this subdivision, when the department determines, using the procedures in
subdivision 1 b of this subsection, toxicity testing data, or other
information, that a discharge causes, has the reasonable potential to cause, or
contributes to an in-stream excursion above a narrative criterion within an
applicable Virginia water quality standard, the permit must contain effluent
limits for whole effluent toxicity. Limits on whole effluent toxicity are not
necessary where the department demonstrates in the fact sheet or statement of
basis of the permit, using the procedures in subdivision 1 b of this
subsection, that chemical-specific limits for the effluent are sufficient to
attain and maintain applicable numeric and narrative Virginia water quality
standards.
e. Where Virginia has
not established a water quality criterion for a specific chemical pollutant
that is present in an effluent at a concentration that causes, has the
reasonable potential to cause, or contributes to an excursion above a narrative
criterion within an applicable Virginia water quality standard, the department
must establish effluent limits using one or more of the following options:
(1) Establish effluent limits using a
calculated numeric water quality criterion for the pollutant that the
department demonstrates will attain and maintain applicable narrative water
quality criteria and will fully protect the designated use. Such a criterion
may be derived using a proposed Virginia criterion, or an explicit policy or
regulation interpreting Virginia's narrative water quality criterion,
supplemented with other relevant information that may include EPA's Water
Quality Standards Handbook, August 1994, risk assessment data, exposure data,
information about the pollutant from the Food and Drug Administration, and
current EPA criteria documents;
(2)
Establish effluent limits on a case-by-case basis, using EPA's water quality
criteria, published under § 307(a) of the CWA, supplemented where
necessary by other relevant information; or
(3) Establish effluent limitations on an
indicator parameter for the pollutant of concern, provided:
(a) The permit identifies which pollutants
are intended to be controlled by the use of the effluent limitation;
(b) The fact sheet required by
9VAC25-875-1090 sets forth the
basis for the limit, including a finding that compliance with the effluent
limit on the indicator parameter will result in controls on the pollutant of
concern that are sufficient to attain and maintain applicable water quality
standards;
(c) The permit requires
all effluent and ambient monitoring necessary to show that during the term of
the permit the limit on the indicator parameter continues to attain and
maintain applicable water quality standards; and
(d) The permit contains a reopener clause
allowing the department to modify or revoke and reissue the permit if the
limits on the indicator parameter no longer attain and maintain applicable
water quality standards.
f. When developing water quality-based
effluent limits under this subdivision 1 the department shall ensure that:
(1) The level of water quality to be achieved
by limits on point sources established under this subsection is derived from
and complies with all applicable water quality standards; and
(2) Effluent limits developed to protect a
narrative water quality criterion, a numeric water quality criterion, or both
are consistent with the assumptions and requirements of any available wasteload
allocation for the discharge prepared by Virginia and approved by EPA pursuant
to 40 CFR
130.7;
2. Attain or maintain a specified water
quality through water quality related effluent limits established under the
State Water Control Law and § 302 of the CWA;
3. Conform to the conditions of a Virginia
Water Protection Permit (VWPP) issued under the State Water Control Law and
§ 401 of the CWA;
4. Conform
to applicable water quality requirements under § 401(a)(2) of the CWA when
the discharge affects a state other than Virginia;
5. Incorporate any more stringent
limitations, treatment standards, or schedule of compliance requirements
established under the State Water Control Law or regulations in accordance with
§ 301(b)(1)(C) of the CWA;
6.
Ensure consistency with the requirements of a Water Quality Management Plan
established by the State Water Control Board pursuant to 9VAC25-720 and
approved by EPA under § 208(b) of the CWA;
7. Incorporate § 403(c) criteria under
40 CFR Part 125 , Subpart M, for ocean discharges; or
8. Incorporate alternative effluent
limitations or standards where warranted by fundamentally different factors,
under 40 CFR Part 125, Subpart D.
D. Technology-based controls for toxic pollutants. Limitations established under subsection A, B, or C of this section, to control pollutants meeting the criteria listed in subdivision 1 of this subsection. Limitations will be established in accordance with subdivision 2 of this subsection. An explanation of the development of these limitations shall be included in the fact sheet.
1.
Limitations must control all toxic pollutants that the department determines
(based on information reported in a permit application or in a notification
required by the permit or on other information) are or may be discharged at a
level greater than the level that can be achieved by the technology-based
treatment requirements appropriate to the permittee; or
2. The requirement that the limitations
control the pollutants meeting the criteria of subdivision 1 of this subsection
will be satisfied by:
a. Limitations on those
pollutants; or
b. Limitations on
other pollutants that, in the judgment of the department, will provide
treatment of the pollutants under subdivision 1 of this subsection to the
levels required by the Virginia Erosion and Stormwater Management Act, the
State Water Control Law, and 40 CFR Part 125, Subpart A.
E. A notification level that exceeds the notification level of 9VAC25-31-200, upon a petition from the permittee or on the department's initiative. This new notification level may not exceed the level that can be achieved by the technology-based treatment requirements appropriate to the permittee.
F. Twenty-four-hour reporting. Pollutants for which the permittee must report violations of maximum daily discharge limitations under 9VAC25-875-1000 M 7 b (3) (24-hour reporting) shall be listed in the permit. This list shall include any toxic pollutant or hazardous substance, or any pollutant specifically identified as the method to control a toxic pollutant or hazardous substance.
G. Durations for permits, as set forth in 9VAC25-875-1050.
H. Monitoring requirements.
1. Requirements concerning the proper use,
maintenance, and installation, when appropriate, of monitoring equipment or
methods (including biological monitoring methods when appropriate);
2. Required monitoring including type,
intervals, and frequency sufficient to yield data that are representative of
the monitored activity, including, when appropriate, continuous
monitoring;
3. Applicable reporting
requirements based upon the impact of the regulated activity and as specified
in 9VAC25-875-1000, subdivisions 5
through 8 of this subsection, and Part XI (9VAC25-31-950 et seq.) of the
Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation.
Reporting shall be no less frequent than specified in the regulations cited in
this subdivision;
4. To ensure
compliance with permit limitations, requirements to monitor:
a. The mass (or other measurement specified
in the permit) for each pollutant limited in the permit;
b. The volume of effluent discharged from
each outfall;
c. Other measurements
as appropriate, including pollutants; frequency, rate of discharge, etc., for
noncontinuous discharges; pollutants subject to notification requirements; or
as determined to be necessary on a case-by-case basis pursuant to the Virginia
Erosion and Stormwater Management Act, the State Water Control Law, and §
405(d)(4) of the CWA;
d. According
to test procedures approved under 40 CFR Part 136 for the analyses of
pollutants having approved methods under that part, or alternative EPA approved
methods, and according to a test procedure specified in the permit for
pollutants with no approved methods; and
e. With analyses performed according to test
procedures approved under 40 CFR Part 136 being performed by an environmental
laboratory certified under regulations adopted by the Department of General
Services (1VAC30-45 or 1VAC30-46).
5. Except as provided in subdivisions 7 and 8
of this subsection, requirements to report monitoring results shall be
established on a case-by-case basis with a frequency dependent on the nature
and effect of the discharge, but in no case less that once a year. All results
shall be electronically reported in compliance with 40 CFR Part 3 (including,
in all cases, 40 CFR Part 3 Subpart D),
9VAC25-875-940, and Part XI
(9VAC25-31-950 et seq.) of the
Virginia Pollutant Discharge Elimination System (VPDES) Permit
Regulation;
6. Requirements to
report monitoring results for stormwater discharges associated with industrial
activity that are subject to an effluent limitation guideline shall be
established on a case-by-case basis with a frequency dependent on the nature
and effect of the discharge, but in no case less than once a year;
7. Requirements to report monitoring results
for stormwater discharges (other than those addressed in subdivision 6 of this
subsection) shall be established on a case-by-case basis with a frequency
dependent on the nature and effect of the discharge. At a minimum, a permit for
such a discharge must require:
a. The
discharger to conduct an annual inspection of the facility site to identify
areas contributing to a stormwater discharge and evaluate whether measures to
reduce pollutant loading identified in a stormwater pollution prevention plan
are adequate and properly implemented in accordance with the terms of the
permit or whether additional control measures are needed;
b. The discharger to maintain for a period of
three years a record summarizing the results of the inspection and a
certification that the facility is in compliance with the plan and the permit,
and identifying any incidents of noncompliance;
c. Such report and certification be signed in
accordance with
9VAC25-875-940; and
8. Permits that do not require the
submittal of monitoring result reports at least annually shall require that the
permittee report all instances of noncompliance not reported under
9VAC25-875-1000 M 1, 4, 5, 6, and 7
at least annually.
I. Best management practices to control or abate the discharge of pollutants when:
1. Authorized under § 402(p) of the CWA
for the control of stormwater discharges;
2. Numeric effluent limitations are
infeasible; or
3. The practices are
reasonably necessary to achieve effluent limitations and standards or to carry
out the purposes and intent of the Virginia Erosion and Stormwater Management
Act, the State Water Control Law, and the CWA.
J. Reissued permits.
1. In the case of effluent limitations
established on the basis of § 402(a)(1)(B) of the CWA, a permit may not be
renewed, reissued, or modified on the basis of effluent guidelines promulgated
under § 304(b) of the CWA subsequent to the original issuance of such
permit, to contain effluent limitations that are less stringent than the
comparable effluent limitations in the previous permit. In the case of effluent
limitations established on the basis of § 301(b)(1)(C) or § 303(d) or
(e) of the CWA, a permit may not be renewed, reissued, or modified to contain
effluent limitations that are less stringent than the comparable effluent
limitations in the previous permit except in compliance with § 303(d)(4)
of the CWA.
2. Exceptions. A permit
with respect to which subdivision 1 of this subsection applies may be renewed,
reissued, or modified to contain a less stringent effluent limitation
applicable to a pollutant if:
a. Material and
substantial alterations or additions to the permitted facility occurred after
permit issuance that justify the application of a less stringent effluent
limitation;
b.
(1) Information is available that was not
available at the time of permit issuance (other than revised regulations,
guidance, or test methods) and that would have justified the application of a
less stringent effluent limitation at the time of permit issuance; or
(2) The department determines that technical
mistakes or mistaken interpretations of the State Water Control Law were made
in issuing the permit under § 402(a)(1)(B) of the CWA;
c. A less stringent effluent
limitation is necessary because of events over which the permittee has no
control and for which there is no reasonably available remedy;
d. The permittee has received a permit
modification under the Virginia Erosion and Stormwater Management Act, the
State Water Control Law, and § 301(c), (g), (h), (i), (k), and (n), or
316(a) of the CWA; or
e. The
permittee has installed the treatment facilities required to meet the effluent
limitations in the previous permit and has properly operated and maintained the
facilities but has nevertheless been unable to achieve the previous effluent
limitations, in which case the limitations in the reviewed, reissued, or
modified permit may reflect the level of pollutant control actually achieved
(but shall not be less stringent than required by effluent guidelines in effect
at the time of permit renewal, reissuance, or modification).
Subdivision 2 b of this subsection shall not apply to any revised wasteload allocations or any alternative grounds for translating water quality standards into effluent limitations, except where the cumulative effect of such revised allocations results in a decrease in the amount of pollutants discharged into the concerned waters, and such revised allocations are not the result of a discharger eliminating or substantially reducing its discharge of pollutants due to complying with the requirements of the State Water Control Law or the CWA or for reasons otherwise unrelated to water quality.
3. In no
event may a permit with respect to which subdivision 2 of this subsection
applies be renewed, reissued, or modified to contain an effluent limitation
that is less stringent than required by effluent guidelines in effect at the
time the permit is renewed, reissued, or modified. In no event may such a
permit to discharge into waters be renewed, issued, or modified to contain a
less stringent effluent limitation if the implementation of such limitation
would result in a violation of a Virginia water quality standard applicable to
such waters.
K. Navigation. Any conditions that the Secretary of the Army considers necessary to ensure that navigation and anchorage will not be substantially impaired in accordance with 9VAC25-875-1170.
L. Qualifying state, tribal, or local programs.
1. For stormwater discharges
associated with small construction activity defined in
9VAC25-875-20, the department may
include permit conditions that incorporate qualifying state, tribal, or local
erosion and sediment control program requirements by reference. Where a
qualifying state, tribal, or local program does not include one or more of the
elements in this subdivision, then the department must include those elements
as conditions in the permit. A qualifying state, tribal, or local erosion and
sediment control program is one that includes:
a. Requirements for construction site
operators to implement appropriate erosion and sediment control best management
practices;
b. Requirements for
construction site operators to control waste, such as discarded building
materials, concrete truck washout, chemicals, litter, and sanitary waste, at
the construction site that may cause adverse impacts to water
quality;
c. Requirements for
construction site operators to develop and implement a stormwater pollution
prevention plan. A stormwater pollution prevention plan includes site
descriptions; descriptions of appropriate control measures; copies of approved
state, tribal, or local requirements; maintenance procedures; inspection
procedures; and identification of nonstormwater discharges; and
d. Requirements to submit a site plan for
review that incorporates consideration of potential water quality
impacts.
2. For
stormwater discharges from construction activity that does not meet the
definition of a small construction activity, the department may include permit
conditions that incorporate qualifying state, tribal, or local erosion and
sediment control program requirements by reference. A qualifying state, tribal,
or local erosion and sediment control program is one that includes the elements
listed in subdivision 1 of this subsection and any additional requirements
necessary to achieve the applicable technology-based standards of "best
available technology" and "best conventional technology" based on the best
professional judgment of the permit writer.
Statutory Authority: § 62.1-44.15:28 of the Code of Virginia; Chapters 68 and 758 of the 2016 Acts of Assembly.
Disclaimer: These regulations may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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