Notice of action: The State Water Control Board (Board) is considering the amendment of the regulation on water quality management planning in accordance with the Public Participation Procedures for Water Quality Management Planning. A regulation is a general rule governing people's rights or conduct that is upheld by a state agency.

Purpose of notice: The Board is seeking comments through the Department of Environmental Quality on the proposed amendment. The purpose of the amendment to the state’s Water Quality Management Planning Regulation (9VAC25-720) is to adopt 24 new or revised Total Maximum Daily Load (TMDL) wasteload allocations.

Public comment period: September 22, 2025 to October 22, 2025

Description of proposed action:  DEQ staff will propose amendments of the state’s Water Quality Management Planning regulation for the Potomac–Shenandoah River Basin (9VAC25-720-50), James River Basin (9VAC25-720-60.A), and the Tennessee - Big Sandy River Basin (9VAC 25-720-90). Statutory authority for promulgating these amendments can be found in §62.1-44.15(10) of the Code of Virginia.

Staff intends to recommend that the Board adopt 24 new or revised TMDL waste load allocations as part of the state’s Water Quality Management Planning Regulation in accordance with §2.2-4006.A.14 and §2.2-4006.B of the Code of Virginia.

The TMDL reports were developed in accordance with federal regulations (40 CFR §130.7) and are exempt from the provisions of Article II of the Virginia Administrative Process Act. The reports were subject to the TMDL public participation process contained in DEQ’s Public Participation Procedures for Water Quality Management Planning. The public comment process provides the affected stakeholders an opportunity for public appeal of the TMDL.

As of July 1, 2014, TMDL WLAs can receive State Water Control Board approval prior to EPA approval due to amendments outlined in §2.2-4006.A.14 of the Code of Virginia.  The TMDL reports in this public notice have been reviewed by EPA for required TMDL elements, however, remain in draft form awaiting State Water Control Board approval. 

Affected Waterbodies and Localities for the 24 new or revised TMDL waste load allocations:

Potomac–Shenandoah River Basin (9VAC25-720-50): The TMDL Report titled “Benthic TMDL Development for Crooked Run, Stony Creek and Pughs Run Located in Shenandoah County, Virginia.” proposes sediment reductions for Crooked Run, Stony Creek and Pughs Run and provides sediment waste load allocations of 12,291 lb/yr, 431,000 lb/yr, and 22,960 lb/yr, respectively. 

James River Basin (9VAC25-720-60): The TMDL Report titled “Benthic TMDL Development for Black Creek and Hat Creek Watersheds Located in Nelson County, Virginia.” proposes sediment reductions for Black Creek and Hat Creek and provides sediment wasteload allocations of 30,730 lb/yr and 45,461 lb/yr, respectively. This TMDL report also proposes phosphorus reductions in Black Creek and provides total phosphorus wasteload allocations of 712 lb/yr.

The TMDL Report titled “Benthic TMDL Study on Deep Run, Dover Creek, and Upham Brook Watersheds in Henrico County, Goochland County, and the City of Richmond” proposes sediment and phosphorus reductions for several streams. Specifically, it provides sediment wasteload allocations of 319,359 lb/yr for Deep Run, 140,916 lb/yr for Stony Run, 32,745 lb/yr for Stony Run UT, 38,769 lb/yr for Dover Creek, 372,238 lb/yr for Upham Brook, 363,179 lb/yr for North Run, and 88,183 lb/yr for Jordans Branch. This TMDL report also proposes total phosphorus wasteload allocations of 121.6 lb/yr for Stony Run, 41.6 lb/yr for Dover Creek, and 2,693.8 lb/yr for Upham Brook.

Tennessee – Big Sandy River Basin (9VAC25-720-90):  The TMDL report titled “Benthic TMDL Revision and Development for the Middle Fork Holston and Tributaries Located in Smyth, Washington, and Wythe Counties” proposes sediment reductions for several streams. Specifically, it provides revised sediment wasteload allocations of 29,851 lb/yr for Tattle Branch, 117,663 lb/yr for Hall Creek, 36,679 lb/yr for Byers Creek, 12,926 lb/yr for Cedar Creek, 53,403 lb/yr for the Upper Middle Fork Holston River, 1,464,062 lb/yr for the Lower Middle Fork Holston upstream of Route 91, and 963,597 lb/yr for the Lower Middle Fork Holston from Route 91 to Edmondson Dam. In addition, it provides a new sediment wasteload allocation of 46,798 lb/yr for Greenway Creek.

How a decision is made: After comments have been considered, the Board will make the final decision. Citizens that submit statements during the comment period may address the board members during the board meeting at which a final decision is made on the proposal.

To review documents: The TMDL reports are available on the DEQ web site at https://www.deq.virginia.gov/water/water-quality/tmdl-development/draft-tmdls and by contacting the DEQ representative named below for any report.  The electronic copies are in PDF or Word format and may be read online or downloaded.

HOW TO COMMENT: DEQ accepts comments by e-mail or postal mail. All comments must be received by DEQ during the comment period. Submittals must include the name, organization they represent (if any), mailing addresses and telephone numbers of the commenter/requester.

Contact for public comments, document requests and additional information: Anthony Cario; Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218 Phone: (804) 814-7774, E-mail Anthony.Cario@deq.virginia.gov.