Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 40 - REGULATION FOR NUTRIENT ENRICHED WATERS AND DISCHARGERS WITHIN THE CHESAPEAKE BAY WATERSHED › Section 9VAC25-40-70 - Strategy for Chesapeake Bay Watershed

Current through Register Vol. 40, No. 24, July 15, 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.