June Environmental Update

 The State Water Control Board met May 17.  

 

a .E-Reporting Rule. 

 

The Board approved DEQ’s proposed regulations incorporating the Electronic Reporting Rule into the VPDES Regulations (9 VAC 25-31) and VSMP Regulations (9 VAC 25-870).  EPA’s Electronic Reporting Rule requires that all water permitting-related information be provided in electronic format and ultimately posted on the agency website. Note that this will eventually include all DMRs, annual reports, registration statements, and notifications of spills or upsets. DEQ is currently in discussions with EPA regarding how best to upload DMR submittals and DEQ is working on changes to its eDMR system. The Electronic Rule must be completely phased in by 2020.

The regulatory amendments adopted by the Board incorporate EPA’s E-Rule into the VPDES and VSMP regulations. DEQ added electronic submittal language to multiple regulations including no exposure certifications, NOIs, DMRs, monitoring requirements, annual reports, small construction activity waivers, and industrial and pre-treatment requirement reports.

b. Selenium Petition.  

The Board was informed of a petition filed by the Virginia Coal and Energy Alliance to adopt EPA’s Freshwater Aquatic Life Ambient Water Quality criterion for selenium. The petition asks the Board to use EPA’s criteria which include fish tissue and water column elements with both chronic and acute values.   

c. Construction GP Litigation Resolved. 

Melanie Davenport, Water Permitting Division Director, provided an update on a challenge to the Construction General Permit, which was effective July 1, 2014. The permit was challenged by the Shenandoah and Potomac Riverkeepers, alleging that the permit did not comply with public participation requirements because it did not provide public access to SWPPPs, and the permit failed to protect water quality.  A Richmond Circuit Court judge ruled on April 10 that the Board acted in accordance with the law and had sufficient support to find that the permit was valid and protective of water quality.

d. New Board Member. 

Robert H. Wayland, III is a new Member on the Board whose term will end June 30, 2020. Wayland previously served on the Board from 2006 to 2009.  Mr. Wayland has also previously served as the Director of the Office of Wetlands, Oceans and Watersheds, and Deputy Assistant Administrator at U.S. EPA.  

e. Board Bylaws.

Because not all Board Members were present at the meeting, Chair Dunn determined that the consideration and discussion of Bylaws for the Board should be deferred until all Board Members are present. 

 

f. Future Meeting Dates: 

 

July 19 (location TBD) 

October 16-18 or November 1-2 (location TBD) 

December 11

The State Air Control Board will meet on June 22. The agenda includes the processing of multiple notices of violation as well as a report by the Director related to the Governor’s Executive Directive 11, relating to regulation of carbon dioxide emissions (see item 6, below).  

The Waste Management Board has not set any future meeting dates.

The Board of Game and Inland Fisheries met on May 24. There were no updates relevant to VAA members at this meeting. The Board will next meet on August 23. 

DEQ has issued several new guidance documents since our last update. 

Guidance Manual for Total Maximum Daily Load Implementation Plans. 

This manual provides guidance to local governments, soil and water conservation districts, planning district or regional commissions, community watershed groups, and state and federal agencies on developing Implementation Plans (IPs) for waters where TMDLs have been completed.  IPs are developed to describe actions such as Best Management Practices (BMPs), educational programs, and regulations aimed at meeting the nonpoint source load allocations contained in a TMDL.  As it relates to VAA members, the guidance is likely to create increased uniformity statewide in the development of IPs, and includes recommendations of specific implementation actions that local governments can require to address nonpoint source loadings under a TMDL.    

The guidance is available here. 

Guidance on Gasoline Delivery Tank Operation, Testing and Certification. 

The purpose of this procedure is to address regulatory requirements for procedures for testing and for DEQ approval of testers for gasoline tank trucks/account trucks subject to Rule 4-37 related to vapor tightness testing for volatile organic compounds.

The guidance is available here. 

Revised Joint Permit Application and Tidewater Joint Permit Application for the Virginia Water Protection (VWP) Permit Program. 

Joint Permit Applications (JPA) are used by DEQ, the U.S. Army Corps of Engineers (Corps), the Virginia Marine Resources Commission (VMRC), and local wetlands boards as the mechanisms for applying for work primarily in wetlands. The Standard JPA is the primary application for non-tidal projects, whereas the Tidewater JPA is used for mostly shoreline projects in the Tidewater region and is an abbreviated version of the standard JPA.  For VAA members, the primary revisions of interest relate to Linear Transportation Projects. The VWP General Permit for such projects was reissued in August 2016, and the revised JPAs incorporate those revisions.    

The JPAs are available here. 

3. DEQ REVISING CAA STATE IMPLEMENTATION PLAN 

DEQ is proposing a revision to its Clean Air Act (CAA) State Implementation Plan provisions for ozone to certify that Virginia's existing emissions statement requirements, covering the Washington, DC-MD-VA nonattainment area for the 2008 ozone NAAQS, are at least as stringent as the requirements at § 182(a)(3)(B) of the CAA. The nonattainment area consists of the Counties of Arlington, Fairfax, Loudoun, and Prince William; and the Cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park. This certification is required by the CAA.  DEQ’s notice is available here. 

DEQ is also proposing revisions to two existing regulatory provisions concerning the definition of volatile organic compound (VOC). On February 25, 2016 (81 FR 9339), EPA revised the definition of VOC to remove the recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements related to the use of t-butyl acetate (also known as tertiary butyl acetate or TBAC) as a VOC. The state definition was revised accordingly under Revision B16.  On August 1, 2016 (81 FR 50330) EPA revised the definition of VOC to add 1,1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane (also known as HFE-347pcf2) to the list of substances not considered to be VOCs. The state definition was revised accordingly under Revision I16.

4. DEQ ACCEPTING COMMENTS ON 2017 ANNUAL AIR MONITORING NETWORK  

DEQ is required to develop an Annual Air Monitoring Network Plan. DEQ has developed its plan for 2017, available here, and is accepting public comments on the plan until 5 p.m. on June 16.  Written comments may be submitted via e-mail to charles.turner@deq.virginia.gov. 

 

The last of DEQ’s training programs on VPDES Permit Recordkeeping and Reporting requirements, and General VPDES Nutrient Permit Reporting will be held on June 20 at the Blue Ridge Regional Office.  

 

Governor McAuliffe issued Executive Directive 11 instructing the Department of Environmental Quality and the Secretary of Natural Resources to launch a process to cap greenhouse gas emissions in the state. The Department and Secretary are charged with proposing regulations to the State Air Pollution Control Board to abate, control, or limit carbon dioxide from electric power facilities that makes Virginia "trading ready." The goal is to enable Virginia to participate in a market-based multi-state trading program for carbon emissions.  Additionally, the Directive seeks to establish regulations requiring implementation of abatement measures to achieve reductions down to a set  emission limit, similar to what other states have imposed. The proposal is due to the Board by December 31, 2017. 

The Executive Directive is available here. 

1 .EPCRA TRI Reporting. Members subject to TRI reporting to DEQ and EPA are reminded of the upcoming July 1 reporting deadline.  More information is available on DEQ’s TRI page.

 

2. TMDL Action Plan Annual Report. Facilities subject to Chesapeake Bay TMDL Action Plans must submit their annual reports on the implementation of that plan to DEQ by June 30.