April Update

The Air Pollution Control Board met on March 16, and adopted the final regulation amendments related to particulate matter (PM2.5) Implementation (9 VAC 5-30,80 and 160). The Board also approved for public comment proposed fee increases to the Title V permitting program. The Board will meet next on June 22. 

The State Water Control Board was scheduled to meet on March 30. Due to the illness of a Board member, the Board did not have a quorum and the meeting was postponed. The Board plans to hold the meeting at a later date, but no date has been set yet.

When it does meet, the agenda will include the proposed amendments to the VPDES and VSMP regulations to incorporate requirements under the federal NPDES Electronic Report Rule; consideration of a petition for rule making relating to Selenium Water Quality Standards; and updating the bylaws governing the Board.  

The Waste Management Board has not set any future meeting dates.

The Board of Game and Inland Fisheries will meet next on May 24. 

DEQ is hosting a series of training programs on VPDES Permit Recordkeeping and Reporting requirements, and General VPDES Nutrient Permit Reporting. Each training program costs $37.50. The programs will be held in each regional office. Following are the dates, times and locations for the two programs:  

• VPDES Permit Recordkeeping & Reporting: May 18, 8:30 a.m. – 12:30 p.m., Tidewater Regional Office; June 20, 8:30 a.m. – 12:30 p.m. Blue Ridge Regional Office

• General Nutrient Permit Reporting: May 18, 1:30 – 4:30 p.m. Tidewater Regional Office; June 20, 1:30 – 4:30 p.m. Blue Ridge Regional Office

 

New Guidance  

DEQ has issued a few new guidance documents since the last update. 

DEQ issued guidance to clarify the role of its air compliance staff in determining whether a facility burning non-hazardous secondary materials in its boiler are subject to the "boiler MACT" under § 112 of the Clean Air Act (CAA), or regulated as a solid waste incinerator under § 129 of the CAA. The guidance is available here.

 

 

This Air Permitting Implementation Guidance for Non-Hazardous Secondary Materials (NHSM) guidance supplements the guidance above and assists DEQ staff with implementation of NHSM implementation in CAA permits. The guidance is available here.

 

DEQ recently issued its Clean Water Act Section 401 Water Quality Certifications for the reissued U.S. Army Corps of Engineers Nationwide Permits. The Norfolk District of the Corps recently reissued its Regional Nationwide Permits, which went into effect March 19 and will remain in effect through March 2022. When Corps permits are issued, Virginia must provide a 401 certification that the action does not adversely impact Virginia water quality. For many of the 50 Nationwide Permits, DEQ is issuing an unconditioned certification. The blanket certification process is helpful because it streamlines the permitting process for any members undertaking projects under a Corps Nationwide permit. For certain Nationwide Permits, DEQ conditions its certification to ensure the Nationwide permit complies with Virginia law and protects water quality. The final 401 certification letter to the Corps is available here. 

DEQ has issued a drought watch advisory watch for Northern Piedmont (including Culpeper, Greene, Louisa, Madison, Orange, Rappahannock, Spotsylvania and Stafford counties, and the city of Fredericksburg) and Northern Virginia (including Arlington, Fairfax, Fauquier, Loudoun and Prince William counties, and the cities of Alexandria, Fairfax, Falls Church, Manassas and Manassas Park).  A drought watch advisory is intended to increase awareness of conditions that are likely to precede a significant drought event and to facilitate preparation for a drought. At the drought watch stage water conservation activities are generally voluntary. This does not preclude localities issuing mandatory restrictions if appropriate. More information is available on DEQ’s drought conditions page, available here. 

 

In an April 5 Federal Register notice, the United States Fish and Wildlife Service (FWS) published a proposed rule to list the yellow lance, a type of mussel, as endangered or threatened under the Endangered Species Act (ESA). The yellow lance is a freshwater mussel native to Maryland, Virginia, and North Carolina. FWS has yet to finalize the proposed listing, and is seeking public comment on a number of issues, including the mussel’s geographic range, historic and current population levels, and factors that may affect the continued existence of the species. FWS will accept comments and requests for public hearing on this proposal until June 5.  

The yellow lance is found in eight drainages from the upper Chesapeake River Basin in Maryland to the Neuse River Basin in North Carolina. In Virginia, affected water bodies include the Rappahannock, York and James River basins.  FWS also notes that there are historical records of this species in the Potomac River Basin.  

If FWS finalizes the rule as proposed, the ESA’s protections would extend to the yellow lance. If FWS ultimately lists the yellow lance, members with operations in the above-referenced watersheds may be subject to additional reviews during renewals of VPDES permits. 

1. Annual Air Emission Inventory. Facilities must complete and submit their annual air emission inventory to DEQ by April 15.  

 

2. EPCRA TRI Reporting. Members subject to TRI reporting to DEQ and EPA are reminded of the upcoming July 1 reporting deadline.  More information is available on DEQ’s TRI page.