Current through Register Vol. 41, No. 3, September 23, 2024
A.
Permit effluent limitations, monitoring requirements, standards and
prohibitions shall be established for each outfall or discharge point of the
permitted facility, except as otherwise provided under
9VAC25-875-1030.
B. All permit effluent limitations,
standards, or prohibitions for a metal shall be expressed in terms of total
recoverable metal as defined in 40 CFR Part 136 unless:
1. An applicable effluent standard or
limitation has been promulgated under the CWA and specifies the limitation for
the metal in the dissolved or valent or total form; or
2. In establishing permit limitations on a
case-by-case basis under 40
CFR 125.3, it is necessary to express the
limitation on the metal in the dissolved or valent or total form to carry out
the provisions of the CWA, Virginia Erosion and Stormwater Management Act, and
the State Water Control Law; or
3.
All approved analytical methods for the metal inherently measure only its
dissolved form (e.g., hexavalent chromium).
C. Discharges that are not continuous, as
defined in 9VAC25-875-850, shall be
particularly described and limited, considering the following factors, as
appropriate:
1. Frequency;
2. Total mass;
3. Maximum rate of discharge of pollutants
during the discharge; and
4.
Prohibition or limitation of specified pollutants by mass, concentration, or
other appropriate measure.
D. Mass limitations.
1. All pollutants limited in permits shall
have limitations, standards, or prohibitions expressed in terms of mass except:
a. For pH, temperature, radiation, or other
pollutants that cannot appropriately be expressed by mass;
b. When applicable standards and limitations
are expressed in terms of other units of measurement; or
c. If in establishing technology-based permit
limitations on a case-by-case basis, limitations expressed in terms of mass are
infeasible because the mass of the pollutant discharged cannot be related to a
measure of operation (for example, discharges of total suspended solids from
certain mining operations), and permit conditions ensure that dilution will not
be used as a substitute for treatment.
2. Pollutants limited in terms of mass
additionally may be limited in terms of other units of measurement, and the
permit shall require the permittee to comply with both limitations.
Statutory Authority: §
62.1-44.15:28 of the Code of
Virginia; Chapters 68 and 758 of the 2016 Acts of
Assembly.
