October 26, 2023

Vol.2, No.14

Virginia On-Track to Meet Sediment Reduction Goal for Chesapeake Bay

The Chesapeake Bay Program recently announced water quality standards attainment measurements for 2009 through 2022. Those measurements indicate that Virginia's reported pollution controls achieved 84% of the 2025 reduction goal for nitrogen, 70% of the reduction goal for phosphorus, and 100% of the reduction goal for sediment. Based on evaluation by DEQ staff, the modeled pollution load reduction for phosphorus in Virginia could reach 100% of the federal planning target when adjusted for the reductions achieved by the 2010 Watershed Implementation Plan requirement to eliminate phosphorus in most lawn fertilizers and 2011 law change.

Northern Shenandoah Recycling Program Wins EPA Grant

Recently, the Environmental Protection Agency (EPA) awarded the Northern Shenandoah Valley Regional Planning Commission a $3.99 million grant to upgrade current tire grinding operations, leading to a marketable end-product for reuse; re-establish curbside recycling in towns throughout the region; and purchase upgraded recycling receptacles for landfill, convenience site, and transfer station locations throughout the region to increase recycling capacity and improve overall operational efficiency. This project will result in the diversion of 750 tons of tires from landfill and introduction of 936 tons or more of mulched rubber into the reuse market annually. Additionally, it will result in 11,000 tons of recycling collected per year and CO2 emissions reduction of 12.15%.

As part of related Solid Waste Infrastructure for Recycling funding, DEQ also received grant funding to update our Virginia Solid Waste Management Plan and develop an online recycling data analysis application to improve Virginia's solid waste data.

DEQ is excited to announce an enhancement to the MyDEQ Portal. The MyDEQ Portal is DEQ's public transparency tool that is available to users 24/7. This enhancement replaces DEQ's final orders webpage, which documented the agency's case decisions and how alleged violations were resolved. The enhancement's main objectives are:

1. Increased transparency to serve as a crucial mechanism to foster public trust and confidence in DEQ enforcement actions. The public will now be able to see open enforcement actions, a contact person for additional questions, and view agency records.
2. Enhanced public engagement and meaningful involvement, not only in the public notice/comment process, but now at the beginning of an enforcement action with the issuance of a Notice of Violation.
3. Additional accountability goes hand in hand with transparency, as it ensures that permittees and other responsible parties are held responsible for their actions. It establishes clear expectations/consequences for those who do not comply with the law.

DEQ's Permitting Enhancement and Evaluation Platform (PEEP) also brings transparency to DEQ's permitting processes and provides current information about the critical steps and permitting schedules associated with obtaining permit approvals. Permit applicants, agency staff, and the public can now access information about pending permits online in real-time.

Apply for the 2024 Governor's Environmental Excellence Awards

Has your facility been working to reduce its environmental footprint? Do you have a stellar sustainability initiative? Did you develop an innovative strategy that benefited the environment? Consider applying for the 2024 Governor's Environmental Excellence Awards. The awards acknowledge successful and innovative programs and projects throughout Virginia in the following categories:

• Environmental and Sustainability Program
• Environmental and Sustainability Project
• Green Government for Commonwealth Entities
• Land Conservation
• Virginia Outdoors Plan Implementation

Last year, Canon Virginia, a VEEP E4 member, was recognized as a gold medal winner for its recycled toner pellet project, which targeted waste toner dust extracted from toner cartridges as part of the recycling process. By pelletizing the dust, the process has eliminated the disposal of 400 tons of toner per year, which was one of the facility's largest solid waste streams. This also eliminated the disposal fees and the environmental impacts of transporting the material. The sale of toner pellets resulted in an annual profit of $300,000 per year.

Applications are due Dec. 7. Apply today!

Solid Waste Annual Report Now Available

DEQ has released its annual report on solid waste management in Virginia. The report provides the amount of solid waste managed in Virginia in 2022, and the types and sources of solid waste generated outside the Commonwealth. Solid waste primarily includes municipal solid waste, construction and demolition debris, industrial waste, and vegetative and yard waste. The annual report is an important tool for comprehensive management of solid wastes and helps authorities' future planning

During 2022, the total amount of solid waste received at Virginia facilities was 22.5 million tons, a slight decrease of approximately 223.3 thousand tons from the amount reported in 2021. Of this, approximately 75% was sent to landfills, 11.6% was incinerated, 7.5% was recycled, and 1% was composted.

EPA presented its Excellence in Site Reuse Award to Brookwood Capital Partners (BCP) and Hana Engineers and Consultants, LLC., for their outstanding commitment and efforts in revitalizing part of the Former Nansemond Ordnance Depot Superfund site in Suffolk. This award, in support of the Superfund Redevelopment Program, recognizes the accomplishments of industry partners in returning portions of the contaminated Superfund site into a long-term sustainable and productive reuse property for the Suffolk and Hampton Roads community.

EPA partnered with the United States Army Corps of Engineers (USACE) and DEQ to assist BCP and Hana Engineers in redeveloping 45 acres into a 338,000 square foot warehouse with 81 loading docks, 12 acres of trailer parking, and 3,500 square feet of office space. BCP and Hana Engineers removed more than 2,000 tons of contaminated soil, built a new stormwater system, and created 300 jobs for warehouse construction and operation. EPA also recognized their efforts in preventing potential future ecological risks at the site. Congratulations!

EPA has announced the 2023 Clean School Bus (CSB) Rebate Program! This is the second rebate funding opportunity through the multi-year funding program. Applicants can apply to receive funding for the purchase of up to 25 zero-emission (ZE) and/or clean school buses, along with ZE charging infrastructure and eligible workforce development costs. Selectees may be eligible for Inflation Reduction Act tax credits applicable to their bus and infrastructure purchases. For example, the Clean Vehicle tax credits for qualifying school buses are worth up to $40,000.

EPA is prioritizing applications that will replace buses serving high-need local education agencies, rural areas, Tribal school districts funded by the Bureau of Indian Affairs, and public-school districts receiving basic support payments for students living on Tribal land. Applicants must submit all application materials via the online portal by Jan. 31, 2024, at 4:00 p.m.

For the latest information on CSB funding opportunities, news, and resources, please visit the CSB website and sign-up for the CSB email list.

The Virginia Water Environment Association has awarded former DEQ Pretreatment Coordinator Deborah DeBiasi the A.H. Paessler Environmental Stewardship Award in recognition of her years of service providing expert support to the wastewater industry. The award was presented to DeBiasi at the 2023 WaterJAM conference in Virginia Beach. A.H. Paessler was the Executive Secretary of the State Water Control Board from 1949-1972 and was instrumental in the development of modern wastewater treatment in Virginia. The award emphasizes government employee service to the water environment field and to the Association. Past DEQ winners include Al Pollock, Wayne Staples, David Paylor, and Melanie Davenport. Congratulations, Deborah!

USACE is preparing to roll out a new program that will offer long-term, low-cost credit assistance to non-federal dam safety projects to maintain, upgrade, and repair dams. Under the Corps Water Infrastructure Financing Program, USACE can provide funding for up to 49% of project costs or, for projects that serve disadvantaged communities, up to 80% of project costs. This funding is designed to augment other funding and financing sources and requires a dedicated source of repayment. However, given the program's financing options, USACE believes borrowers may realize a savings of more than 20% over other financing options. Applications are open until Dec. 19.

Public Participation Opportunites

Visit the DEQ website for comment opportunities on pending enforcement orders and permit actions. The following regulatory actions are available for public comment:

• Periodic Review, General Definitions (9VAC5-10) (comment by 10/30)
• Notice of Intended Regulatory Action (NOIRA) Small Solar Renewable Energy Projects Permit Regulation (9VAC15-60) (comment by 11/8)
• NOIRA Sewage Collection and Treatment Regulations (9VAC25-790) (comment by 12/6)
• Proposed General Virginia Pollutant Discharge Elimination System for Discharges of Stormwater from Construction Activities (9VAC25-880) (comment by 12/6)

In addition, there are numerous DEQ meetings and general comment periods where you can stay up to date on topics of interest:

• 2023 Virginia Stormwater Handbook Stakeholder Advisory Group; Oct. 30 at 9:30 a.m. at DEQ Central Office, 1111 E. Main St., Third Floor Conference Room, Richmond
• Public Meeting - Cleanup Plan for Moores and Mill Creeks in Rockbridge County; Oct. 30 at 5:30 p.m. at Rockbridge County Administration Building, 150 S. Main St., Board of Supervisors Meeting Room, Lexington
• Regulatory Advisory Panel - Solar Permit by Rule Regulation Revisions; Oct. 31 at 10:00 a.m. at DEQ Piedmont Regional Office, 4949-A Cox Rd., Glen Allen
• Informational Meeting - VPA Permit Application for Synargo Central, LLC. - Buckingham; Nov. 14 at 6:00 p.m. at Agriculture Service Center Building, 54 Administration Lane, Buckingham
• Eastern Virginia Groundwater Management Advisory Committee; Nov. 28 at 10:30 a.m. at DEQ Central Office, Richmond

The 60-day public comment period on the proposed Sewage Collection and Treatment Regulations (9VAC25-790) regulation began Aug. 11 and was scheduled to end on Oct. 11. Additionally, the 60-day public comment period on the proposed General VPDES Permit for Discharges of Stormwater from Construction Activities (9VAC25-880) regulation began Aug. 14 and was scheduled to end on Oct. 13. Comments were to be submitted to the agency by mail, through the Virginia Regulatory Town Hall public comment forum, or by email to Scott Van Der Hyde. However, this email address did not accept email messages for a portion of both comment periods. Therefore, the public comment periods are being extended until Dec. 6. If you submitted or attempted to submit comments to the agency using scott.vanderhyde@deq.virginia.gov before the initial end of the comment periods please RESUBMIT to the contacts below before Dec. 6 to ensure that your comment has been received. DEQ will consider all comments on the proposed regulation that are received between the beginning of the public comment periods and Dec. 6.

For the Sewage Collection and Treatment Regulation, comments should be submitted to Erica Duncan. Please view the current advertisement for full contact information and comment submittal instructions.

For the Construction General Permit regulation, comments should be submitted to Rebeccah Rochet. Please view the current advertisement for full contact information and comment submittal instructions.

Employment Opportunities

Are you committed to protecting human health and the environment? Apply for a job at DEQ. Current openings include:

• VPDES Permit Writer (Richmond; closes Oct. 30)
• Water Environmental Consultant (Richmond; closes Nov. 3)
• Stormwater Team Lead (Richmond; closes Nov. 3)

DEQ does not discriminate on the basis of race, color, national origin, disability, age, or sex in administration of its programs or activities, and, DEQ does not intimidate or retaliate against any individual or group because they have exercised their rights to participate in actions protected, or oppose action prohibited, by 40 C.F.R. Parts 5 and 7, or for the purpose of interfering with such rights. Title VI Coordinator Melanie Davenport is responsible for coordination of compliance efforts and receipt of inquiries concerning non-discrimination requirements implemented by 40 C.F.R. Parts 5 and 7 (Non-discrimination in Programs or Activities Receiving Federal Assistance from the Environmental Protection Agency), including Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title IX of the Education Amendments of 1972; and Section 13 of the Federal Water Pollution Control Act Amendments of 1972 (hereinafter referred to collectively as the federal non-discrimination laws). If you have any questions about this notice or any of DEQ's non-discrimination programs, policies or procedures, you may contact:

Title VI Coordinator - Melanie Davenport; Virginia Department of Environmental Quality; P.O. Box 1105; Richmond, VA 23218; (804) 698-4000 (phone); (800) 592-5482 (toll-free); Melanie.Davenport@deq.virginia.gov

If you believe that you have been discriminated against with respect to a DEQ program or activity, you may contact the Title VI Coordinator identified above or visit our website at get-involved/about-us to learn how and where to file a complaint of discrimination.