1. Citizen Boards.  

The State Water Control Board met on September 22. The Board acted on the following items.  

• The Board approved (6-0) the reissuance of Dominion’s Chesterfield Power Station VPDES permit. This permit will permit the dewatering of the facility’s coal ash ponds prior to pond closure.  

• The Board approved (6-0) proposed changes to DEQ’s Erosion and Sediment Control regulations to update these regulations in light of statutory changes to the Erosion and Sediment Control Law.   

• Originally, the Board was set to approve the reissuance of the General VPDES Watershed Permit for Total Nitrogen and Total Phosphorus in the Chesapeake Bay Watershed. However, the night before the meeting, this item was removed from the agenda. According to DEQ staff, EPA continues to raise objections to DEQ’s proposal because it decreases the monitoring frequency for smaller facilities.  

• The Board heard a report on DEQ’s development of the Phase III Watershed Implementation Plan (WIP) for the Chesapeake Bay TMDL. DEQ is conducting a series of public meetings, including with state and local elected officials, trade associations, and other groups, to meet the public engagement obligations under the Bay TMDL.  

The last Board meeting for 2016 is scheduled for December 12-13. The Governor has yet to appoint a replacement for Board member Joseph Nash whose term expired June 30. 

The Air Pollution Control Board met on September 9. The Board approved revisions to four regulations.  

• The Board adopted Ozone Implementation regulations. These regulations implement EPA’s 2008 ozone national ambient air quality standards (NAAQS) for a nonattainment area state implementation plans (SIPs), including the revocation at the state level of EPA’s 1997 ozone NAAQS which EPA has also revoked.  

• The Board adopted regulations regarding Commercial/Industrial/Solid Waste Incinerators.  These regulations are being amended so that Virginia’s regulations track with EPA revisions to its Subpart DDDD emissions guidelines amended by EPA in June.  

• The Board adopted proposed revisions to DEQ’s Federal Operating Permits regulations. The proposed revisions are in response to EPA’s Startup, Shutdown, and Malfunction (SSM) regulations and Virginia’s SIP. The proposed revisions remove the current affirmative defense in the regulations for SSMs. 

• Finally, the Board repealed Virginia’s Clean Air Interstate Rule, which has been replaced by EPA’s Cross-State Air Pollution Rule.  

The last meeting of 2016 is set for December 5.  

The Waste Management Board met on June 20; additional 2016 meeting dates have not been set. 

2. New Guidance.  

DEQ has issued a few new guidance documents: 

• DEQ has issued new guidance for Reporting NOx Excess Emissions for stationary combustion turbine facilities Subject to 40 CFR 60, Subparts GG and KKKK. The guidance is available here. 

• DEQ has also issued an updated Title V Air Permits Guidance Manual. The primary purpose of the update is to clarify how particulate matter is regulated for purposes of Compliance Assurance Monitoring. The updated Manual is available here. 

• Proposed changes to DEQ’s Civil Enforcement Manual are still open for public comment through October 21. This set of changes is primarily focused on consolidating and streamlining the manual. Additional revisions are expected next year to increase the civil charge amounts and update DEQ’s procedures for formal and informal hearings, as well as enforcement tools that can be used without the consent of the permittee. The public notice is available here and the draft text of the proposed changes is available here.   

 

3. US FWS Proposes Listing of Rusty Patched Bumble Bee. 

 

The U.S. Fish and Wildlife Service has proposed listing the rusty patched bumble bee (Bombus affinis) as endangered under the Endangered Species Act. This bee is present in Virginia and its range covers the Eastern United States. A proposed listing, even before finalized, carries with it certain ESA protections for the species. Therefore, if you have a federal permit associated with your project, there may be a requirement to consult with FWS regarding the bee. FWS has opened a public comment period on the proposed listing that runs through Nov. 21, 2016. Information on the proposed listing is available here. 

 

4. National Marine Fisheries Service (NMFS) Extends Comment Period on Proposed Rule Establishing "Critical Habitat" for the Atlantic Sturgeon.

 

As previously reported, the U.S. National Marine Fisheries Service (NMFS) has issued a proposed rule establishing the "critical habitat" for the Atlantic Sturgeon. NMFS has reopened and extended the comment period until October 14. A copy of the rule can be found here.   

 

5. McAuliffe Re-elected Chairman of Chesapeake Executive Council. 

Governor McAuliffe was recently re-elected as the Chairman of the Chesapeake Executive Council, the governing body established by the Chesapeake Bay Agreement in 1983 that includes the Governors of Maryland, Pennsylvania New York, Delaware, West Virginia, and Virginia; the administrator of the U.S. Environmental Protection Agency; the mayor of the District of Columbia; and the chair of the Chesapeake Bay Commission. At its October 4 meeting, the Council also adopted a resolution to support local government engagement within the wastewater sector, and committing to raise awareness about the economic and environmental benefits of investing in watershed protection and restoration efforts at the local level.

6. McAuliffe Appoints New Members to Board of Game and Inland Fisheries. 

Governor McAuliffe recently appointed three members to the Board of Game and Inland Fisheries. He reappointed Leon Boyd of Vansant, Vice President, Noah Horn Well Drilling; Douglas M. Dear of Great Falls, President, Chesapeake Ventures LLC; and Esther M. Nizer of Elkton, Information Technology Training and Development Manager, James Madison University. A Board Member orientation was held for these members on September 20.