Amend the Water Quality Management Planning Regulation (9 VAC 25-720), within section 70.C, to include total nitrogen and total phosphorus allocations for the Boston Water & Sewer Company's proposed wastewater facility (VPDES Permit No. 0088749). The permit, first issued in 1995 (reissued in 2000 and 2005), contains flow tiers of 0.075, 0.15, 0.25 and 0.45 million gallons per day (MGD). The plant will be initially constructed for 0.25 MGD capacity, scheduled to commence operating in the third quarter of 2008. The new facility will replace an existing 0.015 MGD plant (VPDES Permit No. 65358).

Public-notice receipt of the petition and provide for a 21-day public comment period. Upon close of the public comment period, review any comments received and then make a decision to either initiate a rulemaking or place the petition on the Board's next meeting agenda for their consideration.

The Board denied the petition, based on the following factors:

1. The Boston W&S facility was a non-significant discharger during the rulemaking for nutrient discharge control regulations. Therefore, it was not assigned nutrient waste load allocations.

2. The proposed facility expansion to 0.45 MGD is still below the threshold for a significant discharger, and remains ineligible for assignment of nutrient waste load allocations.

3. As a result, the facility is considered an expanding non-significant discharge and per Virginia Code §62.1-44.19:15.A. 2, Boston W&S must:

acquire waste load allocations sufficient to offset any increase in the delivered nutrient loads resulting from the expansion beyond the permitted capacity as of July 1, 2005; at a minimum, install biological nutrient removal technology at the time of the expansion.