Virginia Environmental Regulatory Developments (December 2013)

by Williams Mullen


A.     Final Regulations

1.       9VAC20-160. Voluntary Remediation Regulations (amending 9VAC20-160-10 through 9VAC20-160-120).

Statutory Authority: § 10.1-1232 of the Code of Virginia.

Effective Date: January 29, 2014.

Summary:   The regulatory action (i) updates current remediation levels and sampling and analysis methods; (ii) improves reporting and notification requirements; (iii) clarifies eligibility, application, registration fee, and termination requirements; (iv) makes termination and certificate revocation requirements more consistent with a voluntary program; (v) updates program procedures to process contaminated sites more efficiently and reflect changes in technology; and (vi) changes the language for fees so that an affected entity will pay $5,000 at the start of a remediation project and may apply for a refund of any unowed moneys at the end.

Volume 30, Issue 9 Virginia Register of Regulations 1169 (December 30, 2013)


A.     Final Regulations

1.       9VAC25-740. Water Reclamation and Reuse Regulation (amending 9VAC25-740-10, 9VAC25-740-30 through 9VAC25-740-180, 9VAC25-740-200; adding 9VAC25-740-45, 9VAC25-740-55, 9VAC25-740-105).

Statutory Authority: § 62.1-44.15 of the Code of Virginia.

Effective Date: January 29, 2014.

Summary The amendments (i) allow design or operational deviations for facilities still capable of producing or distributing reclaimed water in a manner protective of the environment and public health; (ii) allow temporary authorization of water reclamation and reuse without a permit during periods of significant drought; (iii)  clarify that a VPDES permit modification will be required where diversion of source water from the VPDES permitted discharge to water reclamation and reuse has the potential to cause a significant adverse impact to other beneficial uses of the receiving state water for the discharge; and (iv) improve clarity, reduce redundancies, and correct references throughout the regulations.

Volume 30, Issue 9 Virginia Register of Regulations 1190 (December 30, 2013)

B.     Proposed Regulations

1.       9VAC25-32. Virginia Pollution Abatement (VPA) Permit Regulation (amending 9VAC25-32-10, 9VAC25-32-140, 9VAC25-32-250; adding 9VAC25-32-255).

Statutory Authority: § 62.1-44.15 and 62.1-44.18 of the Code of Virginia.

Summary The proposed amendments (i) add definitions for clarification or consistency with other regulations governing the pollutant management activities at animal feeding operations (AFOs); (ii) delete the term "concentrated animal feeding operations" and modify the term "confined animal feeding operations"; (iii) establish technical requirements for end-users of animal waste transferred off the farm; (iv) specify that the technical requirements for end-users will address proper storage, appropriate land application practices, and recordkeeping; and (v) modify the public notice provisions for consistency with the Virginia Pollutant Discharge Elimination System regulation governing AFOs.

Volume 30, Issue 9 Virginia Register of Regulations 1180 (December 30, 2013)

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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