Virginia Regulatory Town Hall
Natural and Historic Resources
Department of Environmental Quality
State Water Control Board
Petition 35
Petition Information
Petition Title WQMP Regulation Amendment - Tyson Foods, Inc.
Date Filed 6/19/2006   
Petitioner Steven J. Dugent, Tyson Foods, Inc., Complex Environmental Manager 
Petitioner's Request

Amend the total phosphorus (TP) waste load allocation established in 9 VAC 25-720 (WQMP Regulation) for the Tysons-Glen Allen plant. In Nov. 2005, this facility's discharge permit was reissued with a TP limit of 409 lbs/yr, based on a Total Maximum Daily Load (TMDL) study. The TMDL allocation was determined in relation to the sustainable phosphorus levels in the nearby receiving stream that would be protective of water quality. During this time, the TP waste load allocation under 9 VAC 25-720 was being finalized, with an underlying assumption that the TMDL requirement would also serve as the WQMP allocation. In other words, the WQMP allocation associated with the total James basin nutrient loads would not be more stringent than what was necessary to protect local water quality. It is now apparent that the WQMP allocation (TP = 326 lbs/yr) used a differing assumption for the design flow figure, which is affected by the fact that the facility is operated fewer than 7 days per week, but the allocation is expressed in pounds per year. The design flow and TP concentration bases for the TMDL and WQMP waste load allocations must be reviewed and made consistent, with the result being an identical figure of 409 lbs/yr for both discharge limitations.

Agency's Plan

The Department is public noticing receipt of the petition and seeking public comment on the petition. Upon close of the public comment period, comments received will be reviewed and a decision made on initiating a rulemaking or placing the petition on the Board's next meeting agenda for their consideration.

Comment Period Began 7/24/2006    Ended 8/14/2006
Agency Decision Initiate a regulatory change    
Response Date 9/6/2006
Agency Decision Summary Type over this text and enter a summary of the agency's decision.
Associated regulatory action Water Quality Management Planning Regulation Amendment to Tyson Foods - Glen Allen's Allocation for Total Phosphorus
Latest Stage: Fast-Track