August Update

DEQ is in the process of reissuing the General VPDES permit for industrial stormwater dischargers. Christine Vineski with Virginia Paving is the VAA representative on the Regulatory Advisory Panel (RAP) for the reissuance.  

Christine has identified several improvements that DEQ plans to propose as part of the reissuance, including: 

• No longer need to submit DMRs to MS4s 
• Proposed 60 days (compared to current 30 days) to revise SWPPP if benchmark exceedance occurs (proposed in order to add consistency throughout permit). 
• Collect semi-annuals but only submit an average of 2 samples once per year 
• No more Annual Comprehensive Site Compliance Evaluation 
• DEQ is considering a proposal to offer monitoring waivers to facilities who sampled out of TMDL in the 2014 permit cycle (<Waste Load Allocation) to be able to waive out of continued TMDL monitoring within the first 60 days of the 2019 permit cycle.  All other facilities who exceeded their waste load allocations for TP, TS, TN must collect 4 samples and continue to submit TMDL Action Plan Annual Reports. With continued monitoring, a facility has an opportunity to "sample out" of program by getting their 4 year rolling average under the Waste Load Allocation.  The way the current 2014 permit is written, there wasn’t an "out" of the TMDL Action Plan – even if facility successfully got TN, TP, and/or TSS levels down.
• DEQ is exploring offering a worksheet to permittees to assist in calculating loading values for facility.

There are still several issues yet to be resolved regarding the permit reissuance, including the definition of impervious surface and electronic discharge monitoring point (DMR) submission. 

The RAP will next meet on August 16. This is likely the last meeting of the RAP, so if you have any comments on DEQ’s proposal, please send them to us and we will share them with Christine.

 

The Virginia Department of Mines, Minerals and Energy is in the process of updating Virginia’s Energy Plan.  The Plan sets Virginia’s policies for energy over the next 10 years, and is due to be submitted by October 1, 2018. Topics addressed in the Plan include energy efficiency, development of solar and wind energy, electric vehicles and advanced transportation.  DMME held a number of public listening sessions on the Plan, and public comment on the Plan is being accepted through August 24.

As previously reported, DEQ continues to implement Governor Northam’s Executive Order 6, which directs a comprehensive review of DEQ’s permitting, monitoring and enforcement programs, as well as environmental justice implementation.  DEQ’s public comment period to accept feedback for the portions of the Executive Order addressing the evaluation of federal regulatory or guidance modifications under the Trump Administration and the portion of the Executive Order on improving communication with the public and regulated community ends on August 31.  Comments may be submitted to E06@deq.virginia.gov. The Governor’s Order is available here.  

EPA issued its Final Evaluation of 2016-2017 Milestone and Midpoint Progress and 2018-2019 Milestone Commitments in the Chesapeake Bay Watershed earlier this month.  Virginia achieved its statewide 2017 targets for nitrogen and phosphorus but did not achieve its statewide target for sediment. Virginia achieved its 2017 targets for all pollutants in all major basins except for nitrogen in the Rappahannock and for sediment in the James and the Rappahannock.  EPA has determined that continued oversight is necessary for agricultural and urban stormwater sectors. 

Additional details regarding Virginia’s evaluation and EPA’s 2018-2019 milestone commitments are available here. 

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

Governor Northam reappointed five Waste Management Board Members on August 3, 2018.  The reappointed members include: 

• Michael "Recycle" Benedetto* of Virginia Beach, President of TFC Recycling
• Jeffrey T. Crate, PG* of Blacksburg, President, Waste Resource Services, LLC
• Eric A. DeGroff* of Chesapeake, Professor, Regent University School of Law
• Amarjit Singh Riat* of Prince William County, Trustee and Former Chairman, The Sikh Foundation of Virginia
• Eric K. Wallace* of McLean, Director, Investor, Entrepreneur, and former CEO of EnviroSolutions

The Board of Game and Inland Fisheries met on May 31. The Board will next meet on August 22. No agenda has yet been posted. 

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

The State Water Control Board will meet on August 21, 2018. The agenda includes final approval of the General VPDES Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems, final approval of the remaining items from the triennial review of water quality standards (including bacteria, cadmium, and 94 human health parameters).  For these criteria, Virginia is adopting EPA’s recommended criteria.  DEQ is deferring action on the adoption of EPA’s ammonia criteria.  The Board will also consider adoption of the VPDES General Permit Regulation for Discharges Resulting from the Application of Pesticides to Surface Waters.  Finally, the Board will consider actions based on the public comment period held regarding the sufficiency of Nationwide Permit 12 for the Atlantic Coast Pipeline and the Mountain Valley Pipeline.  The Board’s agenda is available here. 

On July 24, 2018, DEQ released its 2017 fish tissue monitoring data. This information helps determine whether it is necessary to impose fish consumption advisory, as evaluated by the Virginia Department of Health (VDH).  This data is used to evaluate whether to lift current fish consumption advisories or issue new ones. This marks the first year since 2008 that new data was collected in multiple basins across the state. 

The monitoring data is available here. 

VDH Fish Consumption Advisories Information on fish consumption advisories can be found here. 

 

NO NEW GUIDANCE DOCUMENTS 

No new guidance documents have been published since our last update.