November Update

1. VAA to Hold Environmental Regulatory Seminar January 5 

 

Register today for the VAA Environmental & Safety seminar focused on Chesapeake Bay Total Maximum Daily Load (TMDL) program compliance, OSHA’s final silica rule, and Clean Air Act permitting.  Dr. Howard Marks from NAPA will be among the guest speakers and will review OSHA's final Silica Rule or standard know as permissible exposure limit (PEL). Allan Brockenbrough from DEQ’s Office of Water will explain the Bay TMDL stormwater monitoring and reporting program and what the future holds for stormwater dischargers in the Bay watershed.  Troutman Sanders lawyers will also present on OSHA and Clean Air Act topics of interest to VAA members. The seminar will be held at Troutman Sanders in downtown Richmond. Registration is open on the VAA website. 

2. Citizen Boards.  

One issue the board is likely to consider at its December meeting is proposed revisions to DEQ’s General VPDES Watershed Permit for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed (Nutrient General Permit).  As mentioned in last month’s update, DEQ and EPA had been unable to resolve a dispute over the necessary monitoring frequency that should be required of smaller dischargers. On Oct. 11, DEQ published additional proposed revisions to the Nutrient General Permit adding increased monitoring requirements for smaller facilities.  DEQ is accepting comments on the proposed revisions through Nov. 9.  

One issue the board is likely to consider at its December meeting is a proposed revision to the definition of Volatile Organic Compound (VOC) in the general definitions section of its Air regulations at 9VAC5-10.  The proposed revision to this definition is to bring the Commonwealth’s definition in line with a change in the definition proposed by EPA in February 2016.   

The Waste Management Board met on June 20; additional 2016 meeting dates have not been set. 

3. New Guidance.  

DEQ has issued one new guidance document since the last update.  The new guidance is not relevant to asphalt facilities, as it relates to the permitting, sampling, analysis, and data reporting associated with Solid Waste Landfill Underdrain Systems.  If interested, the new guidance is available here. 

 

4. DEQ beginning work on Phase III Watershed Implementation Plan for Chesapeake Bay TMDL

 

DEQ is beginning its work on Phase III of its Watershed Implementation Plan (WIP) which is the state plan for complying with the Chesapeake Bay Total Maximum Daily Load (TMDL).  Currently DEQ is conducting a series of meetings with affected stakeholders (local governments and elected officials).  In January 2017, EPA is expected to send its expectations for Phase III WIP to the affected states.  EPA’s final expectations will be published in April 2017 and reduction targets will be issued in December 2017.  DEQ has indicated that it plans to complete its draft Phase III WIP in August 2018, finalizing by December 2018.  The most likely impact for VAA members will be additional requirements for stormwater discharges in the Phase III WIP.  We will continue to monitor this issue and report back once EPA has issued its expectations in January. 

 

5. JLARC Releases Report on Virginia’s Water Resource Management Programs

 

The Joint Legislative Audit Review Commission (JLARC), a legislative oversight commission authorized by state code to assist with inquiries from the Virginia General Assembly, recently released its study report on Virginia’s water resource management programs.  The study analyzed the existing regulatory program for water supply planning, as well as surface water and groundwater withdrawals and usage, and offered suggestions for improving the program.  Most significantly, the report noted that the Virginia Code prioritizes human consumption of water over all other uses, and recommended that permits for industrial water use should only be issued after human consumption needs are met.  Likewise, if a resource is overallocated, industrial water use should be reduced before any reductions by public water suppliers.  A copy of the report can be found here.  

 

6. DEQ Proposing Revisions to State Implementation Plan under CAA 

 

DEQ is proposing revisions to Virginia’s State Implementation Plan (SIP), the state’s plan to fulfill its responsibilities under the federal Clean Air Act to attain and maintain the ambient air quality standards promulgated by EPA.  The proposed revisions remove the regulations for emissions trading in Virginia, specifically, the NOX Annual Trading Program, the NOX Ozone Season Trading Program, and the SO2 Annual Trading Program (Parts II, III, and IV of 9VAC5-140), Revision D16. The proposed revisions are in response to EPA’s replacement of the Clean Air Interstate Rule (CAIR) Program with the Cross-State Air Pollution Rule (CSAPR).  Virginia will now be covered under CSAPR’s federal implementation plan (FIP). The CAIR regulations are being deleted as required by legislation passed by the General Assembly in 2011 that requires Virginia to repeal CAIR and its implementing regulations once facilities in Virginia become subject to the FIP.  DEQ is accepting comment on the proposed revisions through Dec. 28. The rulemaking notice is available here. 

 

7. DEQ Seeing Uptick in Solar Energy Projects 

 

DEQ is reporting a continued increase in solar energy projects in the Commonwealth.  A listing of these new projects is available here; and a map showing the location and current status of each project is available here. 

 

1. Emergency Planning and Community Right to Know Act (EPCRA) Reporting.  Members subject to EPCRA Tier II are reminded that the reporting deadline is March 1. More information is available on DEQ’s EPCRA page. 

2. Clean Air Act Title V Compliance Certification Reporting.  VAA members subject to Clean Air Act (CAA) Title V Compliance Certification Reporting are reminded of the upcoming March 1 deadline to submit your facility’s Annual Compliance Certification. More information on this reporting requirement is available from DEQ here. 

If you are a VAA member with questions, please contact Caroline at cfahed@vaasphalt.com.