July Update
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UPDATE ON REISSUANCE OF GENERAL INDUSTRIAL STORMWATER VPDES PERMIT
DEQ is in the process of reissuing the General VPDES permit for industrial stormwater dischargers. Christine Vineski with Virginia Paving is the VAA representative on the Regulatory Advisory Panel (RAP) for the reissuance.
At the June 14 RAP meeting, DEQ discussed the challenges many facilities had with the Chesapeake Bay TMDL regulations when the 2014 permit was issued. DEQ reported that some permittees did not provide accurate information on the registration statement regarding their "facility area" information, which has a significant impact on a facility’s calculated TMDL loading values. DEQ plans to provide additional guidance on this issue during the next permit cycle.
The RAP also discussed the possibility of waiving out of TMDL sampling in the 2019 permit cycle using data from the 2014 permit cycles, though no decision has been finalized on this issue. According to DEQ, many permittees ignored the new TMDL regulations and did not perform sampling as required. This opportunity would allow those permittees who did not perform TMDL monitoring during the 2014 permit to have a second chance, but it would also allow permittees who did the right thing the first time around to "sample out."
Finally, the RAP discussed creating an opportunity to waive out of having to report annually in a TMDL Action Plan report on progress if the facility is able to demonstrate that after making improvements to the facility, calculated facility TMDL loading values are acceptable. In the current permit, there is no way to get out of annual reporting, even if a facility’s calculated loading values are acceptable.
The next RAP meeting is scheduled for July 19.
DEQ CONTINUES IMPLEMENTATION OF EXECUTIVE ORDER 6
DEQ continues to implement Governor Northam’s Executive Order 6, which directs a comprehensive review of DEQ’s permitting, monitoring and enforcement programs, as well as environmental justice implementation. The most recent development on this front is the release of stakeholder comments submitted to DEQ. A spreadsheet of stakeholder comments DEQ has received as of July 11 is available here.
DEQ is taking feedback for the portions of the executive order addressing the evaluation of federal regulatory or guidance modifications under the Trump administration, as well as the portion on improving communication with the public and regulated community. Comments may be submitted to E06@deq.virginia.gov and will be accepted through August 31, 2018.
2018 VIRGINIA ENERGY PLAN OPEN FOR PUBLIC COMMENT
As required by state law, the Virginia Department of Mines, Minerals and Energy’s (DMME) Division of Energy recently published the 2018 Virginia Energy Plan for public comment. The plan is Virginia’s strategic vision for the energy policy for the next 10 years. DMME will submit the plan to thegovernor, the State Corporation Commission and the General Assembly by October 1, 2018. The plan includes projections for energy consumption in Virginia; an analysis of the adequacy of electricity generation, transmission and distribution; a review of fuel diversity; and an analysis of energy resources and conservation initiatives, among other analyses.
DMME is holding a 60-day public comment period from June 25, 2018 to August 24, 2018 via the Virginia Regulatory Town Hall website which can be accessed by clicking here. DMME will also be holding a series of public listening sessions for the Department to receive additional public input. The sessions are scheduled as follows:
• June 25, 2018 from 9-11 a.m. in Richmond on the Virginia Energy Plan stakeholder process (Library of Virginia, 800 E. Broad Street, Richmond, VA 23219)• July 23, 2018 from 1-4 p.m. in Richmond on energy storage (Virginia State Capitol, House Room 1, 1000 Bank Street, Richmond, VA 23218)• July 25, 2018 from 12-2 p.m. in Newport News on offshore wind energy (Christopher Newport University, Gaines Theatre, University Place, Newport News, VA 23606)• July 30, 2018 from 5-7 p.m. in Roanoke on general energy issues (Roanoke Higher Education Center, Room 212, 108 N Jefferson Street, Roanoke, VA 24016)• July 31, 2018 from 5-7 p.m. in Abingdon on general energy issues (Southwest Virginia Higher Education Center, Room CR 103/104, One Partnership Circle, Abingdon, VA 24210)
DEQ ISSUES ANNUAL SOLID WASTE MANAGEMENT REPORT
DEQ recently released its annual Solid Waste Management Report detailing the Commonwealth’s management of municipal waste, construction/demolition debris, vegetative/yard waste and solid waste generated outside the Commonwealth and imported into Virginia. During 2017, the total amount of solid waste received at Virginia facilities decreased by more than 444,000 tons, roughly 2 percent from amounts reported in 2016. However, construction/demolition/debris waste originating in Virginia increased by 11.18 percent. The report is available here.
NEW GUIDANCE DOCUMENTS
DEQ updated its guidance regarding the Virginia Environmental Excellence Program (VEEP). DEQ’s VEEP is a voluntary recognition and incentive program for facilities of all types and provides awards and incentives, such as reduced monitoring frequencies. DEQ updated the manual to explain how environmental management system (EMS) projects can be eligible for VEEP. There are three options for EMA program eligibility:
• Environmental Enterprise (E2): For facilities that are interested in beginning or are in the early stages of implementing an EMS.• Exemplary Environmental Enterprise (E3): For facilities with a fully implemented EMS, pollution prevention program and demonstrated performance.• Extraordinary Environmental Enterprise (E4): For facilities with a fully implemented and independently audited EMS and that are committed to aggressive measures for continuous and sustainable environmental progress and community involvement.
More information is available in the guidance here.
DEQ also issued a new guidance document to establish procedures for a pipeline stop work instruction as authorized by new provisions passed by the General Assembly this year to the State Water Control Law. While not relevant to VAA members, the guidance document could set a precedent for DEQ’s stop work procedures for future projects. The guidance is available here.
CITIZEN BOARDS
The Waste Management Board met on January 8, and that meeting was summarized in a previous update. Future meeting dates have not been set.
The Board of Game and Inland Fisheries met on May 31.The meeting did not include updates relevant to VAA members other than notice of Board member terms ending for three Board Members:
• Brian Ball• Clayton Spruill• Watkins Abbit
Replacement board members have not been named. The board will next meet on August 22. No agenda has yet been posted.
The State Air Control Board last met on November 16. Future meeting dates have not been set.
The State Water Control Board last met on April 12.The board’s next meeting will be held on August 21, 2018.
