January Update

This environmental update, reporting on events through December 31, 2018, will be the last monthly update before we switch to a quarterly distribution. Providing the updates quarterly will allow us to provide a deeper analysis of the issues of interest to the asphalt industry.  Not to worry, we will still provide immediate alerts to members of significant environmental updates that arise between the quarterly distributions.

GENERAL VPDES PERMIT FOR INDUSTRIAL STORMWATER DISCHARGES 
As reported in prior updates, the DEQ public comment period on the General VPDES Permit for Industrial Stormwater Discharges closed on December 28, 2018.  VAA submitted comments in support of the revised permit, and in particular advocating for the reduced monitoring requirements for facilities in the Chesapeake Bay watershed that have demonstrated, after four monitoring events, that they are not subject to the Bay TMDL Action Plan requirement.  The permit is expected to be finalized and effective in July.

VDOT IMPOSING TIME OF YEAR RESTRICTIONS FOR STATE-PROTECTED LOGGERHEAD SHRIKE
VDOT recently proposed the inclusion of a special provision specification related to the Loggerhead Shrike.  The provision restricts tree removal, clearing and grubbing from April 1 to July 31 to protect the species’ nesting behaviors.  The restriction will apply to projects in close proximity of loggerhead shrike nesting habitat.  VDOT’s proposal would designate the areas where this special condition applies on plans or by station markers.  Of particular note is the fact that the loggerhead shrike is not a federally protected species under the Endangered Species Act.  Rather, this condition is being imposed on the basis of state-designated protected status.

VIRGINIA JOINS TRANSPORTATION AND CLIMATE INITIATIVE 
Along with eight other states and the District of Columbia, Virginia recently joined the Transportation and Climate Initiative.  The Initiative is focused on reducing carbon emissions from transportation and investing in low-carbon transportation infrastructure. Members participating in the Initiative commit to developing a regional, low-carbon transportation policy proposal that would "cap and reduce carbon emissions from the combustion of transportation fuels through a cap-and-invest program or other pricing mechanism.”  Members would then invest the proceeds from that program in low-carbon and more "resilient” transportation projects. 

GENERAL ASSEMBLY SESSION UNDERWAY; GOVERNOR NORTHAM PROPOSING ENVIRONMENTAL LEGISLATION, FUNDING
The 2019 General Assembly Session began on January 9 and is scheduled to adjourn on February 23.  The Governor’s budget package includes increased funding for several environmental line items, including for Virginia’s agricultural best management practices (BMP) cost share program and several nonpoint source water quality programs. It also dedicates $50 million to the Stormwater Local Assistance Fund (SLAF) to help urban and suburban areas reduce pollution coming off of impervious surfaces.  The Governor sees this funding as part of a five-year plan that would represent the largest investment in water quality needs in the history of the Commonwealth, representing $773 million through 2024. Additional funding of $2.5 million for DEQ to increase staffing levels is also included, which is consistent with the Governor’s Executive Order Six. It is our understanding from DEQ that the staffing will be focused on community engagement and communications with the public. In addition to funding, the Governor has a legislative package of environmental bills including bills to address coal ash storage, climate change resiliency, and local assistance for stormwater BMP implementation.  We will provide a review of the key bills that pass the General Assembly in our first quarterly update in March. 

GOVERNOR NORTHAM REDESIGNS AND EXPANDS OFFICE OF CONSTITUENT SERVICES AND COMMUNITY ENGAGEMENT
The Governor is seeking to improve communications between the Governor’s office and Virginia residents in his redesign and expansion of the Office of Constituent Services and Community Engagement.  The redesign will expand the mission of the office and focus on constituency outreach, including adding the ability to submit requests electronically. The new office has staffing for specific constituency groups. Transparency and access to government has been a theme of Governor Northam’s Administration. We have seen this in the discussions resulting from his Executive Order 6, which focused on environmental justice, transparency in agency decision making, and greater participation by citizens in programs such as air and water quality monitoring. 

DEQ MOVES FORWARD WITH PCB TMDL FOR THE JAMES RIVER
DEQ announced that it will be meeting with dischargers on the James River in the first quarter of 2019 to discuss potential load allocations for a PCB TMDL that is expected to be finalized this year. Given the ubiquitous nature of PCBs, this TMDL is likely to have far-reaching impacts on dischargers. If identified as a source, DEQ will require development of a pollutant minimization plan. We will continue to track this process and report on additional developments.

NEW GUIDANCE DOCUMENTS
DEQ recently posted multiple revised guidance documents. DEQ posted its final 2018 Water Quality Assessment Guidance Manual which lays out the assessment procedures and methods to be used for the development of Virginia’s 2018 §305(b)/ §303(d) Integrated (i.e., combined Water Quality Assessment and Impaired Waters) Report. The Manual is available here. 

DEQ also recently updated its Compliance and Auditing Procedural Guidance for the Office of Water Supply.  The guidance provides guidance to agency staff processing permits under the groundwater withdrawal regulations. The guidance is available here. DEQ also revised its Point Assessment Guidance for Alleged Noncompliance of the Groundwater and Surface Water Withdrawal Permit Criteria for the Office of Water Supply which is available here. DEQ also updated its VWP Permit and Compliance Staff Manual. The guidance is available here on TownHall and posted by chapter in DEQ’s section. 

Finally, DEQ also updated its Solid Waste Compliance Program Inspection Manual. DEQ did not provide a breakdown of the revisions to the Manual, which is available here. 

CITIZEN BOARDS
The State Water Control Board met on December 13. The Board adopted amendments to Virginia’s water quality standard for Ammonia resulting in significantly more stringent standards than Virginia’s previous criteria. The Board also adopted the phased implementation plan (PIP) for dischargers to meet the more stringent standards.  Notably, the proposed PIP allows facilities to request and receive compliance schedules that extend beyond the five-year permit term of VPDES permits.  Although specific to the ammonia criteria, this is the first time DEQ has allowed for compliance schedules that exceed the permit term which is otherwise prohibited by DEQ regulation (9 VAC 25-31-250(A)(3)) though there is no federal prohibition on such extended compliance schedules. 

The Board also adopted the VPDES General Permit for Discharges Resulting from the Application of Pesticides to Surface Waters. 

Also at the meeting, the two new Board members voted to initiate the process to revoke the Mountain Valley Pipeline’s Upland 401 Water Quality Certification in light of ongoing litigation regarding violations of the Certification. This was a surprise event that signals a more activist Board. The Board voted 4-3 in favor of the motion. Future meeting dates have not been set. 

The Waste Management Board met on December 17 and adopted amendments to its solid waste management and solid waste planning and recycling regulations and approved for public comment proposed revisions to its voluntary remediation regulations. Future meeting dates have not been set. 

The Board of Game and Inland Fisheries met on January 24, 2019. The meeting agenda can be found here.

The State Air Control Board met on January 10 to consider an air permit for the Atlantic Coast Pipeline’s Buckingham Compressor Station. The Board unanimously approved the permit and no other business was conducted. 2019 meeting dates have not been set. 

UPCOMING REGULATORY DEADLINES
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. The Compliance Certification form is available from DEQ here.