December Update

1.  Impacts of Change in Administration at EPA in 2017.   

With the election of Donald Trump as President of the United States, there will be significant turn-over in the federal government and, in particular, at EPA.  President-Elect Trump announced he will nominate Oklahoma Attorney General Scott Pruitt as the next Administrator of the U.S. Environmental Protection Agency.  In his role as Oklahoma’s Attorney General, Pruitt has led the charge—on behalf of the state—in pushing back against Obama Administration policies and regulations, particularly in the area of environmental regulation. Pruitt has been vocal about his skepticism of climate change and recently led a challenge to the Obama administration’s Clean Power Plan which is aimed at reducing U.S. greenhouse gas emissions from power plants.  He also joined a multi-state amicus brief challenging the Chesapeake Bay TMDL.  Pruitt is likely to take a states’ rights approach to leading the EPA, which will result in an increased role for DEQ in developing, managing, and enforcing environmental laws. 

 

The State Water Control Board met on December 12. 

The Board adopted 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).  

Proposed revisions to the Permit include the addition of a 2:1 nonpoint source to point source trading provision as permitted by DEQ regulations, a provision allowing for trading ratios of less than 2:1 under limited circumstances, and  provision allowing public comment on any trading ratios less than 2:1.  The permit also included administrative changes updating the compliance dates in the Permit, the Nitrogen and Phosphorus credit prices, and requiring that Phosphorus values below the quantitation level be treated as one half the quantitation level.

This item was initially on the agenda for the September 22 meeting, but EPA filed a specific objection because it wanted to see increased monitoring for smaller facilities (those discharging between 0.5 and 19.999 MGD).  Despite public comments arguing against increased monitoring for these facilities, DEQ made the changes requested by EPA in order to resolve their objection. Thus, smaller facilities will be required to sample two days a week using an 8-hour composite sample.  

Several Board members asked Board Counsel if the Board could delay adoption of the Nutrient General Permit until the new EPA Administration is in place.  Melanie Davenport, Water Permitting Division Director addressed the Board and stated that the Permit could be administratively continued but that no additional permittees could seek coverage under the Permit if it were to be administratively continued and that DEQ is expecting a significant new discharger to apply for coverage under the Permit in the near future.  Based on this information, the Board moved to adopt DEQ Staff’s recommendation that the Nutrient General Permit be adopted as proposed by DEQ.  

The Board also approved DEQ’s request to address remaining criteria "carried over" from the recent Triennial Review of Water Quality Standards.  DEQ will now proceed to a public hearing and comment period on proposed revisions to water quality criteria for bacteria, ammonia, cadmium, and several human health criteria.  

The State Water Control Board set its proposed 2017 meeting dates as follows: 

•March 30-31

•June 29-30

•September 28-29

•December 11-12 

The Air Pollution Control Board met on December 5. 

The Board approved DEQ’s request to publish 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 is necessary to bring the Commonwealth’s definition in line with a change in the definition adopted by EPA in February 2016. 

The Board also approved DEQ’s proposal to adopt several federal standards by reference.  The proposal included the adoption of New Source Performance Standards for Crude Oil and Natural Gas facilities, minor clerical changes to the National Emission Standard for Hazardous Air Pollutants, and the addition of three new national emissions standards for hazardous air pollutants for sources subject to Maximum Achievable Control Technology, specifically for the wool fiberglass manufacturing, brick and structural clay manufacturing, and ceramics manufacturing industries. 

The Air Pollution Control Boards proposed 2017 meeting dates follow:

•March 16

•June 22

•September 21

•December 7 

As previously reported, the Waste Management Board last met on June 20; no future meeting dates have been set. 

3.  New Guidance.  

DEQ has issued a few new guidance documents since the last update.  DEQ has finalized the revisions to its Civil Enforcement Manual Chapters 2, 3, and 4, effective December 1.  The revisions address civil penalties and civil charges, enforcement timelines, and generally streamline and reorganize these chapters of the Manual to better differentiate between compliance and enforcement.  More information on the revisions is available here. 

DEQ also published new guidance in the Storage Tank Program regarding the registration and closure requirements applicable to regulated underground and aboveground storage tanks.  The guidance is available here. 

DEQ also published its TMDL Action Plan for Local TMDLs for Small MS4 Permits. This guidance is not relevant to VAA members, but if interested, the guidance is available here. 

DEQ issued new permitting submission instructions for coal combustion residual (CCR) units at industrial facilities and landfills. The instructions address requirements for site plans, operating plans, groundwater monitoring, and closure and post-closure plans.  The guidance is available here. 

Finally, DEQ issued revisions to its Title V Guidance Manual intended to clarify the thresholds for Title V permit applicability as to what constitutes a "major" facility.  DEQ revised a provision in Chapter 1, Section D regarding the 100 tons per year threshold. Previously the guidance stated that this threshold applied to any "criteria pollutant."  DEQ staff revised the language to reflect DEQ regulatory policy that this threshold can also apply to "Any regulated air pollutant," which includes ozone depleting substances.  The guidance is available here. 

 

4.  Governor McAuliffe Makes New Appointments. 

Governor McAuliffe recently announced the appointment of Robert H. Wayland of White Stone, Virginia to serve a term on the State Water Control Board.  Mr. Wayland is a former Office Director and Deputy Assistant Administrator of U.S. EPA. 

Governor McAuliffe also recently announced the appointment of Felix Schapiro as a Special Assistant to the Secretary. Mr. Schapiro is a 2015 graduate of William and Mary College and was working in the Governor’s Office prior to his appointment.  Mr. Schapiro is likely to have a research and communications role in the Secretary’s office. 

 

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.