Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 25 - STATE WATER CONTROL BOARD
Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS
Part II - General Information
Section 9VAC25-900-40 - Relationship to other laws and regulations
Universal Citation: 9 VA Admin Code 25-900-40
Current through Register Vol. 41, No. 3, September 23, 2024
A. Specific requirements regarding the use of nutrient credits are found in the following regulations and statutes:
1. Virginia Erosion
and Stormwater Management Regulation (9VAC25-875).
a. Individual VPDES Permits for Discharges
from Construction Activities. As specified in §
62.1-44.19:21B
of the Act, those applicants required to comply with water quality requirements
for land-disturbing activities operating under a construction individual permit
issued pursuant to 9VAC25-875 may acquire and use perpetual nutrient credits
placed on the registry for exchange.
b. Individual Permits for Municipal Separate
Storm Sewer Systems. As specified in §
62.1-44.19:21A
of the Act, an MS4 permittee may acquire, use, and transfer nutrient credits
for purposes of compliance with any wasteload allocations established as
effluent limitations in an MS4 individual permit issued pursuant to 9VAC25-875.
Such method of compliance may be approved by the department following review of
a compliance plan submitted by the permittee that includes the use of nutrient
credits and is in accordance with the provisions of §
62.1-44.19:21A.
2. General VPDES Permit for
Discharges of Stormwater from Construction Activities (9VAC25-880). As
specified in §
62.1-44.19:21B
of the Act, those applicants required to comply with water quality requirements
for land-disturbing activities operating under a general VPDES permit for
discharges of stormwater from construction activities issued pursuant to
9VAC50-880 may acquire and use perpetual nutrient credits placed on the
registry for exchange.
3. General
VPDES Permit for Discharges of Stormwater from Small Municipal Separate Storm
Sewer Systems (9VAC25-890). As specified in §
62.1-44.19:21A
of the Act, an MS4 permittee may acquire, use, and transfer nutrient credits
for purposes of compliance with any wasteload allocations established as
effluent limitations in an MS4 general permit issued pursuant to 9VAC25-890.
Such method of compliance may be approved by the department following review of
a compliance plan submitted by the permittee that includes the use of nutrient
credits and is in accordance with the provisions of §
62.1-44.19:21A.
4. Virginia Pollutant Discharge Elimination
System (VPDES) Permit Regulation (9VAC25-31). As specified in §
62.1-44.19:21C
of the Act, owners of confined or concentrated animal feeding operations issued
individual permits pursuant to 9VAC25-31 may acquire, use, and transfer credits
for compliance with any wasteload allocations contained in the provisions of a
VPDES permit. Such method of compliance may be approved by the department
following review of a compliance plan submitted by the permittee that includes
the use of nutrient credits.
5.
Virginia Pollutant Discharge Elimination System (VPDES) Permits for Discharges
of Storm Water Associated with Industrial Activity. As specified in §
62.1-44.19:21D
of the Act, owners of facilities registered for coverage under 9VAC25-151 for
the general VPDES permit or issued a VPDES permit regulating stormwater
discharges that requires nitrogen and phosphorus monitoring at the facility may
acquire, use, and transfer credits for compliance with any wasteload
allocations established as effluent limitations in a VPDES permit. Such method
of compliance may be approved by the department following review of a
compliance plan submitted by the permittee that includes the use of nutrient
credits.
6. General Virginia
Pollutant Discharge Elimination System (VPDES) Watershed Permit Regulation for
Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the
Chesapeake Bay Watershed in Virginia (9VAC25-820). Nutrient credits certified
pursuant to this chapter may be acquired to offset mass loads of total nitrogen
or total phosphorus discharged by new or expanded facilities regulated by
9VAC25-820.
B. This chapter shall not be construed to limit or otherwise affect the authority of the department to establish and the department to enforce more stringent water quality-based effluent limitations for total nitrogen or total phosphorus in permits where those limitations are necessary to protect local water quality. The exchange or acquisition of credits pursuant to this chapter shall not affect any requirement to comply with such local water quality-based limitations.
Statutory Authority: § 62.1-44.19:20 of the Code of Virginia
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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