GENERAL INDUSTRIAL STORMWATER VPDES PERMIT OUT FOR PUBLIC COMMENT.  GENERAL INDUSTRIAL STORMWATER VPDES PERMIT OUT FOR PUBLIC COMMENT
As authorized by the State Water Control Board in September, DEQ initiated a public comment period on the reissuance of the General Industrial Stormwater VPDES Permit.  The public comment period runs through December 28, 2018. 

As we have reported, the general permit includes helpful changes that streamline and clarify the requirements of the permit.  In particular, the permit does not require facilities to continue to sample for nitrogen, phosphorus in sediment for purposes of Chesapeake Bay TMDL requirements if, after four sampling events, it is demonstrated that the facility does not trigger the requirement for a TMDL Action Plan.

We will be drafting a letter on behalf of VAA in support of those changes, and highlighting a few areas where additional clarification is needed.  If you have a comment you would like to see included in the VAA comment letter, please let us know by sending an email to Caroline at cfahed@vaasphalt.com by December 12, 2018.

CITIZEN BOARDS
The State Water Control Board met on September 20 as summarized in a previous update. The Board will next meet on December 13. No agenda is yet available. 

The Waste Management Board met on January 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 October 25.  No agenda items were relevant to VAA members.  The Board will next meet on January 24, 2019, and no agenda for that meeting has yet been posted.  

The State Air Control Board met on October 29. The Board approved the incorporation by reference of several 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) rules. The Board must adopt such federal standards to maintain Virginia’s authority to enforce such standards. 

The Board also heard DEQ’s request to re-propose its regulations for carbon dioxide (CO2) trading. DEQ previously proposed a CO2 trading program for utilities. The Board requested that DEQ consider expanding the program to apply to all emission sources, not just utilities. DEQ then held a series of hearings and a public comment period on the question of the applicability of the program. Ultimately, DEQ’s proposal continues to apply only to utilities.

The Board voted to approve DEQ’s request for an additional 30-day public comment period on the re-proposal. The re-proposal will first go through Executive Review and is likely to be published in the Virginia Register for public comment in January 2019, with DEQ targeting final adoption by the Board in Spring 2019.

The Air Board was scheduled to meet on November 8 - 9 to consider an air permit for the Atlantic Coast Pipeline’s Buckingham Compressor Station. 

NEW GUIDANCE DOCUMENTS 
DEQ recently issued several new guidance documents. One new guidance document that may be of interest to VAA members is DEQ’s Procedure Manual for Environmental Impact Review (EIR) of Major State Facilities.  This guidance document lays out objectives, criteria, and procedures developed by DEQ to assure the orderly preparation and evaluation of environmental impact reports for “major state projects.” The guidance clarifies that environmental assessments for highway and road construction on VDOT rights-of-way are not subject to EIR. However, EIRs are required for parking lots, sidewalks, driveways, and other pavement within a state property boundary if they otherwise meet the EIR criteria. Further, local highway or roadway projects conducted by a county, city, or town are not exempt from the requirement that they conduct an EIR for major highway projects costing over $2 million. The guidance document is available here. 

DEQ has also issued guidance regarding vapor tightness testing, monitoring, and certification for gasoline tank and account trucks. The guidance identifies which testing methods DEQ considers satisfactory under state regulations and notes the approved EPA monitoring methodology that satisfies state regulations. Finally, the guidance lays out what constitutes compliance with the certification requirement for tank inspections. The guidance is available here. 

Other guidance issued is not relevant to VAA members. For instance, DEQ issued two new guidance documents related to biosolids management, which are available here and here.

NEW EXECUTIVE ORDER ISSUED TO ADDRESS RESILIENCY TO SEA LEVEL RISE AND NATURAL HAZARDS

Governor Northam continued his intense focus on executive actions related to environmental issues by issuing Executive Order 24 on November 2. This Executive Order designates the Secretary of Natural Resources as the Chief Resilience Officer of Virginia. While most of the actions directed by the Order are focused on assessing the vulnerability of state-owned buildings, it also requires the creation of a Coastal Resilience Master Plan to reduce impacts of tidal and storm surge flooding. This sweeping Executive Order also includes several additional provisions related to providing sea level rise guidance to local communities and reducing hazards from sea level rise. While the required reports and protocols developed under this Executive Order may not directly affect VAA members, there will likely be indirect impacts on the industry related to future project siting and incorporation of resiliency requirements. 

The Executive Order is available here. 

UPCOMING REGULATORY DEADLINES
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. The Compliance Certification form is available from DEQ here.