June Update

On June 8, Governor Ralph Northam appointed Joshua Saks as Deputy Secretary of Natural Resources. Mr. Saks will be returning to Virginia where he previously worked for the Chesapeake Bay Foundation, among other organizations. Most recently, Mr. Saks served as Legislative Director at the National Wildlife Federation’s National Advocacy Center in Washington, D.C., with a particular focus on climate change and carbon reduction, climate resiliency, public lands and the Endangered Species Act.

Also on June 8, Governor Northam appointed Christopher Bast as Deputy Director of the Virginia Department of Environmental Quality (DEQ). The deputy director position is newly created, and it is unclear what Mr. Bast’s role will be within DEQ. Prior to this appointment, Mr. Bast served as a Climate and Transportation Policy Advisor in the City of Seattle’s Office of Sustainability and Environment, where he led electric mobility and transportation decarbonization efforts. Mr. Bast previously worked for Governor Kaine, both as Deputy Director of Constituent Services and as a climate and energy policy advisor.

As discussed in prior updates, Governor Northam’s Executive Order 6 directs a comprehensive review of DEQ’s permitting, monitoring and enforcement programs, as well as environmental justice implementation. The Order also requires a review of Trump Administration policies to determine their impacts on public health, drinking water supplies, and land and water protection. DEQ has formed several stakeholder groups to assist in the review and is also taking comment from the public. The Governor’s Order is available here.

The terms of several members’ terms on Virginia’s environmental citizen boards will end June 30. The terms of Robert Dunn and Roberta Kellam, members of the State Water Control Board will end at the end of this month, as will the terms of Samuel Bleicher and Rebecca Rubin for the State Air Pollution Control Board and Eric Wallace, Jeff Crate and Michael Benedetto for the State Waste Management Board. Several Waste Management Board members are continuing to serve despite expired terms. However, seats on the Air and Water Boards typically have a greater potential for regulatory impacts and tighter voting margins on some issues. Therefore we have been closely watching for announcement of replacement Board Members. We will report back when the vacancies have been filled.

DEQ issued a revised Solid Waste Compliance Program Inspection Manual which includes procedures and policies for DEQ staff to conduct facility inspections under the Virginia Waste Management Act. The primary change in the revised version of the Manual is the inclusion of the 24-hour and five-day reporting requirements for reporting noncompliance pursuant to 9 VAC 20-81-530. VAA members with solid waste management operations should review new Attachment 12 to the guidance which lays out the reporting requirements. The guidance is available here.

DEQ is in the process of reissuing the General VPDES permit for industrial stormwater dischargers on April 26. Christine Vineski with Virginia Paving is the VAA representative on the Regulatory Advisory Panel for the reissuance. RAP members commented to DEQ on the burden and difficulty of sampling for Total Nitrogen and Total Phosphorus as part of the Chesapeake Bay TMDL Program, especially when asphalt manufacturers are not known to be major sources of these pollutants. The Bay TMDL aspects of the permit will be discussed at the next RAP meeting, scheduled for June 14, 2018. We will continue to provide updates on the RAP’s work.

As required by federal regulation, DEQ developed its Annual Air Monitoring Network Plan. The monitoring plan allows DEQ to assess ambient air quality for gaseous and particulate matter including ozone, PM2.5, NO2, SO2, CO, PM10, and lead. There are 21 monitoring sites across the Commonwealth. The monitoring plan is available here, and the comment extension notice is available here. Comments will be accepted through June 25.

DEQ’s website was shut down for several days earlier this month. As a result, DEQ is extending several comment deadlines including the deadline for comments on Virginia’s State Implementation Plan (SIP) for the 2008 ozone National Ambient Air Quality Standards (NAAQS). As discussed in last month’s update, DEQ is seeking comments on whether the plan includes sufficient authority to implement the NAAQS and ensure the control of interstate transport of air pollution. Specifically, DEQ is considering revisions to the SIP to add assurances to address the "good neighbor" provisions of the CAA which require SIPs to contain sufficient authority for prohibiting emissions from activities within the state from emitting air pollution that would contribute significantly to nonattainment in another state. DEQ’s proposal is available here, and the extended comment deadline notice is available here. Comments are now due by June 25.

The Waste Management Board met on Jan. 8, and that meeting was summarized in a previous update. Future meeting dates have not been set.

 

The Board of Game and Inland Fisheries met on April 12. The Board will next meet on May 31. The agenda does not include items that will impact VAA members.

The State Air Control Board last met on Nov. 16. 2018 meeting dates have not been set.

The State Water Control Board last met on April 12. The Board had a meeting scheduled for June 11, but the meeting was postponed and will likely take place in August.

1. Stormwater Chesapeake Bay TMDL Action Plan Annual Report. Members subject to a Chesapeake Bay TMDL Action Plan must submit their annual report by June 30.

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.