June Environmental Update

The Waste Management Board will meet on June 20 (agenda here). Several regulatory changes are proposed to make Virginia’s regulations consistent with federal regulations, including updates to the regulations governing the transportation of hazardous materials. Additionally, changes to Virginia’s mercury containing lamp crushing regulations will be considered.

The State Water Control Board’s next meetings are scheduled for June 27, September 22 and December 12. An agenda is not yet available for the June 27 meeting.  

2. DEQ to Publish Amendments to Enforcement Manual 

DEQ is expected to publish draft revisions to Chapters 2 (general enforcement procedures) and 4 (civil penalties) of its Enforcement Manual by the end of the month. These revisions are expected to include proposed increases in civil charge calculations. DEQ will open a 30 day public comment period upon publication.    

3. DEQ Removes Malfunction Affirmative Defense for Clean Air Act Emissions due to Startups, Shutdowns or Malfunctions.  

DEQ recently published revisions to its Clean Air Act regulations in response to an EPA mandate (and subsequent litigation affirming EPA’s position) that the State revise its Clean Air Act State Implementation Plan (SIP) regarding startup, shutdown or malfunctions (SSM) of equipment. In order to comply with EPA’s mandate, DEQ proposed amendments to its Air regulations at 9VAC5-20-180 G. DEQ’s amendments remove language that gave facilities with SSM issues an affirmative defense to enforcement in the case of certain SSM issues. In place of this affirmative defense, DEQ will require written submission to the State Air Control Board of a demonstration that a violation was due to SSM and notification that the SSM issue has been resolved. Revisions to the regulations are available here. DEQ will now submit the revised regulations to EPA for approval before a Nov. 22, 2016 EPA compliance deadline. 

4. New Guidance

 DEQ has published several new guidance documents. First, the Air Division has issued new guidance relating to classification of high priority violations. The policy clarifies the period of time used to determine the duration of violations for purposes of deeming a facility to be a high priority violator. A copy of the new guidance can be found here. 

 

The Air Division has also issued guidance relating to development of minor new source review permits for stone processing operations. The guidance applies to nonmetallic mineral processing plants, including processing facilities in fixed or portable plants that include a crusher, subject to NSPS Subpart OOO. A copy of this guidance can be found here.  

The Waste Division has published the 5th edition of its Storage Tank Manual. This edition includes re-formatting and other minor clarifications. The Waste Division has also issued Amendment 3 to its Storage Tank Program Quality Management Plan, relating to the data required to be collected as part of the program. Copies of these documents can be found at the following links: http://townhall.virginia.gov/L/GetFile.cfm?File=C:\TownHall\docroot\GuidanceDocs\440\GDoc_DEQ_6007_v1.pdf

5. Regulatory 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. 

Facilities subject to an Industrial Stormwater VPDES permit are reminded that the second Semi-Annual DMR Submission is due to DEQ on July 10th. 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 to exceed 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.

 

6. EPA Proposing Revisions to NPDES Program Regulations

EPA recently published a rule updating its National Pollutant Discharge Elimination System (NPDES) regulations. Once these changes are made at the federal level they must then be adopted at the state level. Tracking the federal changes gives insight into what requirements may be imposed in Virginia in the near future.  

The proposal includes several significant changes. First, EPA is proposing to change the language relating to whole effluent toxicity (WET) testing to affirmatively reference both acute and chronic test endpoints. Second, EPA proposes changes to the NPDES permit application form, and to the age/timing of data used in that application. Third, EPA proposes changes to the anti-degradation review provisions as well as the use of dilution allowances. Finally, the change that is generating the most concern among the regulated community is a proposal to allow EPA to weigh in on administratively continued permits. As proposed, EPA could object to the administrative continuance of certain permits, and convert them into "proposed permits," allowing EPA to review and comment on them. Although EPA has indicated that the purpose of this change is to address permits that have been administratively continued for extended periods of time, the language of the proposal allows EPA to intervene on permits of "environmental significance." EPA would give the state and permittee 180 days’ notice of its intent to convert the permit from "administratively continued" to "proposed permit" status.      

EPA is accepting comments on the proposed rule making through July 18.