February Update

The 2018 Virginia General Assembly session is now half-way complete, with cross-over occurring on February 14. In order to remain active, bills must be considered and passed by their house of origin by this date. Following is an overview of a few environmental and administrative law bills that may be of interest to VAA members: 

• HB 297(Bulova) - As mentioned in our January update, this bill would bring agency guidance documents into the Virginia Administrative Process Act (APA) process. In the substitute version of the bill currently awaiting a vote by the House, the bill requires that all guidance documents be subject to a 30-day public comment period, including publication in the Virginia Register. The substitute bill has passed the House and will now be considered by the Senate. 

• HB 1206 (Cline) – This bill directs the State Water Control Board to provide an online system for public notices related to Virginia Pollution Discharge Elimination System permits in order to notify the public of any applications for new or expanded industrial waste discharges. This bill passed the House and will now be considered by the Senate. 

• HB 1270 (Poindexter) – This bill would prohibit the Governor or any state agency from adopting any regulation establishing a carbon dioxide cap-and-trade program or bringing about the participation by the Commonwealth in a regional market for the trading of carbon dioxide allowances. The bill provides that the Commonwealth shall be allowed to participate in such a cap-and-trade program if the House of Delegates and the Senate of Virginia each adopt a resolution that specifically references and approves the regulatory text proposed for adoption by a state agency. This bill is aimed directly at the current regulatory package prepared by DEQ at the request of Governor McAuliffe and currently being considered for public comment (as discussed further below). The bill has passed the House and has been referred to the Senate Committee on Commerce and Labor. 

• SB 154 (Edwards) – This bill clarifies that a hearing officer conducting a formal hearing on behalf of an agency shall render his/her recommendation or conclusion within the time period specified in such agency's written regulations or procedures, or within 90 days if the agency procedures do not otherwise specify. This bill has passed the Senate and is currently awaiting action by the House Committee on General Laws. 

Additionally, HB 1150 (Wilt), prohibiting the sale and distribution of any pavement sealant that contains coal tar on or after July 1, 2020 and the use of such sealants beginning July 1, 2021, is no longer under consideration.  It was stricken from the docket by the House Agriculture, Chesapeake, and Natural Resources Subcommittee #3 on February 6. 

On February 9, DEQ issued a Notice of Intended Regulatory Action (NOIRA) to reissue the General Permit Regulation for Storm Water Discharges Associated with Industrial Activity (Industrial Stormwater General Permit). The current Industrial Stormwater General Permit expires June 30, 2019, so DEQ is kicking off this process to ensure that the permit is reissued before the expiration date. DEQ states in the NORIA that it intends to address the following issues during the reissuance process: registration statement requirements, electronic reporting requirements, effluent limitations, clarifying definitions, facility inspections, Stormwater Pollution Prevention Plan (SWPPP) corrective actions, benchmark monitoring, Total Maximum Daily Load (TMDL) requirements, and industry-sector specific monitoring requirements.  

 

DEQ is convening a Technical Advisory Committee (TAC) to develop the regulatory proposal. VAA members interested in participating on the TAC should notify DEQ during the public comment period, which runs from February 19 to March 21. The NOIRA is available here. 

 

No new guidance documents have been issued since our last update. However, DEQ has made available on Town Hall guidance regarding Clean Air Act New Source Review Permitting for Stone Processing Operations. Although the guidance was issued in November 2015, DEQ recently made the guidance available on the Town Hall website. The guidance is available here.

The proposed regulations creating a CO2 Trading Program are still available for public comment through April 9, 2018. Six public hearings will also be held from March 7-19. Public hearing details are available here. The language of the proposed regulations is available here. As previously noted, one of the issues identified for comment is whether the trading program should retain an exemption for power plants dedicated to serving a specific industrial operation, so that the program only applies to public utilities.

 

The Waste Management Board met on January 8, and that meeting was summarized in our last update. Future meeting dates have not been set. 

 

The Board of Game and Inland Fisheries met on January 17, 2018. No items of relevance to VAA members were addressed.  The Board will next meet on April 12. An agenda has not been posted. Board member Brian Ball has been appointed Deputy Secretary of Commerce and Trade and will be leaving the Board. A replacement Board member has not been named. 

The State Air Control Board last met on November 16. The 2018 meeting dates have not been set. 

The State Water Control Board last met on December 6-7 and December 11-12. The 2018 meeting dates have not been set.  

 

a) 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. 

b) 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.