January Update

1. 2017 General Assembly Session. 

The 2017 Virginia General Assembly session will convene on Wednesday, January 11. As this is an odd numbered year, it will be a shorter, 45-day session. The last day for bills to be introduced is January 20. Crossover is February 8 and the General Assembly will adjourn on February 25. We will provide a more complete summary of the session and enacted environmental legislation in our March update. However, there is one bill that may be of interest to VAA members with NPDES permits in the Chesapeake Bay watershed: 

HB 1619 (Del. Bulova) directs the State Water Control Board to incorporate into the Nutrient General Permit procedures by which it will, every 10 years, (i) review load allocations to determine whether changes in the use of a facility have halted or reduced nutrient discharges and (ii) determine, prior to reissuing the general permit, the need for reallocations based on a variety of factors, including changes in treatment technologies and land use. This may affect members with Wasteload Allocations under the Chesapeake Bay TMDL. 

2. Air Pollution Control Board Proposing Revisions to SIP for 2008 Ozone NAAQS. 

The Air Pollution Control Board and DEQ is holding a public comment period on a proposed revision to the Commonwealth of Virginia State Implementation Plan (SIP). This is the State’s plan to meet its responsibilities under the federal Clean Air Act.  DEQ is proposing the revisions to implement EPA’s 2008 ozone national ambient air quality standards (NAAQS). This rule addresses a range of nonattainment area SIP requirements for the 2008 ozone NAAQS, including how to address the revoked 1997 ozone NAAQS. The Board's ambient air quality regulation must be amended accordingly, as well as the list of nonattainment areas to reflect this change. Clarifying text has also been added to the Regulation for Transportation Conformity and the Regulation for General Conformity.

The public comment period runs from January 9, 2017 to February 8, 2017. The proposal and supporting documents are available on the DEQ Air Public Notices for Plans website here. 

DEQ has issued a few new guidance documents since the last update. 

DEQ updated its Runoff Reduction Method Compliance Spreadsheets guidance. This guidance is used by localities with a Virginia Stormwater Management Program (VSMP) to comply with water quality criteria for stormwater. The Virginia Runoff Reduction Method (VRRM) helps calculate design specification and removal efficiencies for certain Best Management Practices (BMPs). This is likely only relevant to VAA members with ongoing or upcoming projects in VSMP localities (map available here) implementing BMPs covered by the VRRM. The guidance is available here. 

DEQ published its Stormwater Local Assistance Fund Program Guidelines available here. The guidelines are for local governments seeking funding from a new state fund and are not applicable to VAA members. 

 

On January 11, the U.S. Fish and Wildlife Service published its decision to list the Rusty Patched Bumble Bee as endangered under the Endangered Species Act (ESA). Importantly, the Bee’s range includes Virginia. The practical impact of the listing is that under section 7 of the ESA, is that the species will need to be included in the scope of the agency consultation process for projects with a federal nexus (such as a need for a wetlands permit or receipt of funds from the U.S. Department of Transportation) to determine whether the projects will jeopardize the species.

 

Additionally, Section 9 of the Act prohibits the take of an endangered species. FWS has determined that several activities would constitute a take, such as the unauthorized release of herbicides or pesticides in habitats in which the Bee is known to occur; the unauthorized modification of habitat (including vegetation and soils) in which the Bee is known to occur; and the unauthorized discharge of chemicals or fill material into any wetlands in which the Bee is known to occur.

 

The listing becomes effective February 10, 2017. The Federal Register notice of the listing is available  here. 

 

There are several staffing changes taking place at DEQ. In the Piedmont Regional Office, the current Regional Office Director, Mike Murphy, is retiring at the end of January. Jeff Steers, current DEQ Deputy Director, will serve as the new Regional Director (in addition to continuing Deputy Director). In the Southwest Regional Office, current Regional Office Director Allen Newman is also retiring. DEQ has not publicly named a new Regional Office Director. 

6. Citizen Boards.  

The Waste Management Board was scheduled to meet on January 9. Due to the recent snow storm, the meeting was cancelled and has not yet been rescheduled.

The Board of Game and Inland Fisheries met on January 11. The agenda did not include any items related to Endangered Species regulation.  

The Board of Game and Inland Fisheries proposed 2017 meeting dates follow:

• February 22

• May 24 

• August 23

• October 19 

The State Water Control Board met on December 12 as reported in the December update. Its next meeting will be March 30.  

The Air Pollution Control Board met on December 5 as reported in the December update. Its next meeting will take place on March 16.    

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. 

3. Annual Air Emission Inventory. Facilities must complete and submit their annual air emission inventory to DEQ by April 15, 2017.