May Environmental Update

2. Guidance. DEQ has not issued any new guidance since our last update. The Virginia Department of Game and Inland Fisheries has published an updated guidance document identifying the time of year restrictions associated with various species. A copy of the guidance can be found here.

3. Clean Power Plan. As previously reported, the Clean Power Plan has stayed while numerous challenges to it play out in the federal courts. The Governor and DEQ support the Clean Power Plan. The Governor vetoed several bills that would have precluded DEQ from implementing the Clean Power Plan during the stay period; however, budget language restricting the use of DEQ funds in developing an implementation plan pursuant to the Clean Power Plan did pass. A Stakeholder Advisory Group has convened to develop Virginia’s implementation of the Clean Power Plan, although it is uncertain how or when the input from the group will be used. The next meeting of this group is scheduled for May 19.

4. PCB TMDL for the New River. DEQ has initiated the development of a PCB TMDL for the New River. A draft TMDL is expected to be published before the end of the year.

5. No Critical Habitat to be Designated for Northern Long-eared Bat. As previously reported, the Northern Long-eared Bat has been listed by the U.S. Fish and Wildlife Service (FWS) as threatened. When a species is listed as threatened, FWS must then designate the critical habitat to be protected for that species. Critical habitat is the area that contains the features essential to the conservation of the listed species. At the time of the bat’s listing, FWS determined that designating critical habitat was "prudent but not determinable." In April 2016, FWS updated its determination, finding that designating critical habitat for the northern long-eared bat would "not be prudent." Based on this decision, additional restrictions resulting from the listing of the bat are not expected.

6. Proposed Changes to ESA Regulations for Listing Petitions. The FWS, National Marine Fisheries Service and National Oceanic and Atmospheric Administration have proposed changes to the regulations for listing petitions under the Endangered Species Act (ESA). When the initial proposed revisions were published, many industry groups supported the changes because they strengthened the standards for listing petitions, the documentation required in those petitions, and coordination with state wildlife agencies. However, after receiving public comment (and objections raised by environmental groups), the Agencies have scaled back many of the proposed changes. A copy of the proposed revisions can be found here. The Services are accepting comments on the proposed revisions through May 23.

7. Regulatory Reporting Deadlines. Members subject to Superfund Amendments and Reauthorization Act (SARA) Toxics Release Inventory (TRI) Reporting requirements are reminded of the upcoming July 1 reporting deadline. More information is available on DEQ’s SARA TRI page.

Additionally, facilities subject to an Industrial Stormwater VPDES permit are reminded that the second Semi-Annual DMR Submission is due to DEQ on July 10. DEQ has issued implementation guidance for the general permit as well as compliance guidance. Revisions to the stormwater pollution prevention plan ("SWPPP") and corrective action may be required where benchmark values are exceeded.

Additionally, for facilities in the Chesapeake Bay watershed, the monitoring data for TSS, phosphorus and nitrogen must be converted into a loading value. If the monitoring demonstrates the potential exceedance of the loading value in the permit, then a Chesapeake Bay TMDL Action Plan must be submitted to DEQ for approval by September 28, 2016. Once approved, an annual report on the implementation of that plan must be submitted to DEQ by June 30. The goal is to ensure that the permittee achieves the required phosphorus, nitrogen and total suspended solids reductions by June 30, 2024.