November Update

The election of Ralph Northam as Governor signals that there is unlikely to be significant change in the approach to environmental issues. A new Secretary of Natural Resources will be appointed (current Secretary Molly Ward had already announced that she would be returning to the City of Hampton). There are also unlikely to be significant changes in the approach to issues at DEQ. It remains to be seen whether David Paylor will retain his post as Director of DEQ.

Where there will be significant change is in the General Assembly. The Republican party has controlled the House for quite some time, and this has been reflected in the makeup of the House Committees. There are 22 members of the House Agriculture, Chesapeake and Natural Resources Committee. Currently, 15 of those members are Republican and 7 are Democrats. With the election results, the Committee membership will change to include many more Democrats.

On October 31, Governor McAuliffe issued Executive Order 73, establishing an Advisory Council on Environmental Justice. Members of the Council will be appointed by the Governor, and will develop an annual report of specific recommendations for legislative, regulatory, policy and research initiatives that could further support environmental justice.

The development of the Advisory Council on Environmental Justice stems from the recommendations of Governor McAuliffe’s climate change and carbon reduction work group (established by Executive Order 57). The report of that work group noted that a disproportionate number of power plants are located in areas with high concentrations of poverty and people of color. Additionally, sea level rise is likely to have greater impacts on low income areas, because those areas do not have the resources to prepare or respond.

Although the formation of an environmental justice advisory committee grew out of a report focused on climate change and reducing carbon emissions, Executive Order 73 is far broader. The Council is charged with integrating environmental justice considerations throughout the Commonwealth’s programs, regulations, policies and procedures. The Executive Order is availablehere.

 

 

In October, DEQ issued its annual report on Virginia’s Water Resources Management Activities as required by Va. Code § 62.1-44.40. The report focuses on water quantity and supply issues and trends for 2016. The report includes an evaluation of water usage from both ground and surface water, potential challenges to water supply management, and funding needs for DEQ’s water resource management program. The report is available here.

 

The State Air Control Board will meet on November 16. The Board will address the following

a)Incorporation by Reference of New Federal Regulations.

The Board will hear a proposal from DEQ seeking approval for the incorporation by reference of newly promulgated federal New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAP), and national emission standards for hazardous air pollutants for source categories (Maximum Achievable Control Technology, or MACT) published July 1, 2017.

b)Regulations for Carbon Dioxide Emissions Trading.

DEQ published its draft regulations for the proposed CO2 Trading Program required by Governor McAuliffe’s Executive Directive 11, along with its responses to public comments. Both items are available in the Board’s meeting Minibook, available here. DEQ is requesting approval from the Air Board to hold a public comment period on the proposed regulations.

The State Water Control Board will meet on December 6-7 and December 11-12. The Board has announced that the Clean Water Act (CWA) Section 401 Water Quality Certifications for the Mountain Valley Pipeline and the Atlantic Coast Pipeline will be considered at these meetings. Complete agendas for the meetings are not yet available. The meetings will be held at the Trinity Family Life Center, 3601 Dill Road, Richmond, VA 23222.

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

The Board of Game and Inland Fisheries met on October 19, but did not discuss anything relevant to VAA members. The Board will next meet on January 17, 2018. No agenda has been posted.

 

DEQ recently extended the public comment period on its carryover items from its most recent Triennial Review of Water Quality Standards from November 17 to December 8. Among the standards being addressed via a separate carryover rulemaking process are changes to Virginia’s Bacteria, Ammonia, Cadmium and Human Health standards.

DEQ has updated its Solid Waste Compliance Program Inspection Manual. The Manual outlines for DEQ staff the appropriate way to conduct and document a facility inspection under the Virginia Waste Management Act. The Manual is available here.

Also, although we do not cover OSHA-related issued, please be aware that the Virginia Department of Labor and Industry has issued an updated VOSH Field Operations Manual. A copy can be found here.

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. More information on this reporting requirement is available from DEQ here.