Virginia Regulatory Town Hall
Department of Environmental Quality
State Water Control Board
Water Quality Management Planning Regulation [9 VAC 25 ‑ 720]
Action is Exempt from Article 2 of the Administrative Process Act
Revise Total Nitrogen (TN) and Total Phosphorus (TP) Waste Load Allocations for Merck, Inc. (VPDES VA0002178)
General Information
Action Summary At their 4/27/09 meeting, the State Water Control Board approved amendments to the Water Quality Management Planning Regulation (9 VAC 25-720) that increased nutrient waste load allocations for Merck, Inc., a discharger in the Potomac-Shenandoah basin. The approved increases were as follows: • Total Nitrogen – increase from 14,619 lbs/yr to 43,835 lbs/yr • Total Phosphorus – increase from 1,096 lbs/yr to 4,384 lbs/yr In June 2009 the Chesapeake Bay Foundation and Virginia Waterman’s Association filed an appeal with the Richmond Circuit Court contesting this action. The parties involved have agreed to settle the case according to the terms set out in a Consent Decree entered with the Court on 4/27/11. Most notable among the terms of the Decree was an order by the Court that: 1. The Board shall forthwith amend its Water Quality Management Planning Regulation, 9 VAC 25-720-50, as shown in Exhibit A. The amended waste load allocations in Exhibit A of the Decree are the same as the revisions approved by the State Water Control Board on 4/27/09. In addition, Exhibit A modified the “footnote” that accompanies the Merck allocations; these changes are detailed in a following section.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: Section 2.2-4006 A 4 b of the Code of Virginia
RIS Project Yes  [002740]
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
5974 Final Stage complete. This regulation became effective on 09/28/2011.
Contact Information
Name / Title: John Kennedy 
Address: 629 East Main Street
P.O. Box 10009
Richmond, VA 23240
Email Address:
Phone: (804)698-4312    FAX: ()-    TDD: ()-