Virginia Environmental Regulatory Developments (January 2014)

by Williams Mullen
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STATE AIR POLLUTION CONTROL BOARD

A. Final Regulations

1. 9VAC5-50. New and Modified Stationary Sources (Rev. I13) (amending 9VAC5-50-400, 9VAC5-50-410).

Statutory Authority: § 10.1-1308 of the Code of Virginia; § 112 of the Clean Air Act; 40 CFR Parts 61 and 63.

Effective Date: July 1, 2014.

Summary: The amendments update state regulations that incorporate by reference certain federal regulations to reflect the Code of Federal Regulations as published on July 1, 2013. The new standards in the federal regulations that are being incorporated into the regulations by reference are as follows:

1. Three new source performance standards (NSPSs) are being modified: Subpart KKK, Equipment Leaks of VOC from Onshore Natural Gas Processing Plants for which Construction, Reconstruction, or Modification Commenced after January 20, 1984, and on or before August 23, 2011 (40 CFR 60.630-636); Subpart LLL, SO2 Emissions from Onshore Natural Gas Processing for which Construction, Reconstruction, or Modification Commenced after January 20, 1984, and on or before August 23, 2011 (40 CFR 60.640-648); and Subpart F, Portland Cement Plants (40 CFR 60.60-60.66). Three NSPSs are being added: Subpart Ga, Nitric Acid Plants for which Construction, Reconstruction, or Modification Commenced after October 14, 2011 (40 CFR 60.70a-77a); Subpart OOOO, Crude Oil and Natural Gas Production, Transmission and Distribution (40 CFR 60.5360-5430); and Subpart Ja, Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced after May 14, 2007 (40 CFR 60.100a-109a).

2. One maximum achievable control technology (MACT) is being incorporated: Subpart DDDDD, Industrial, Commercial, and Institutional Boilers and Process Heaters--major sources (40 CFR 63.7480 through 40 CFR 63.7575).

Volume 30, Issue 10 Virginia Register of Regulations 1306 (January 13, 2014)

2. 9VAC5-50. New and Modified Stationary Sources (Rev. I13) (amending 9VAC5-50-400, 9VAC5-50-410).

Statutory Authority: § 10.1-1308 of the Code of Virginia; § 112 of the Clean Air Act; 40 CFR Parts 61 and 63.

Effective Date: July 1, 2014.

Summary: The amendments update state regulations that incorporate by reference certain federal regulations to reflect the Code of Federal Regulations as published on July 1, 2013. The new standards in the federal regulations that are being incorporated into the regulations by reference are as follows:

1. Three new source performance standards (NSPSs) are being modified: Subpart KKK, Equipment Leaks of VOC from Onshore Natural Gas Processing Plants for which Construction, Reconstruction, or Modification Commenced after January 20, 1984, and on or before August 23, 2011 (40 CFR 60.630-636); Subpart LLL, SO2 Emissions from Onshore Natural Gas Processing for which Construction, Reconstruction, or Modification Commenced after January 20, 1984, and on or before August 23, 2011 (40 CFR 60.640-648); and Subpart F, Portland Cement Plants (40 CFR 60.60-60.66). Three NSPSs are being added: Subpart Ga, Nitric Acid Plants for which Construction, Reconstruction, or Modification Commenced after October 14, 2011 (40 CFR 60.70a-77a); Subpart OOOO, Crude Oil and Natural Gas Production, Transmission and Distribution (40 CFR 60.5360-5430); and Subpart Ja, Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced after May 14, 2007 (40 CFR 60.100a-109a).

Volume 30, Issue 10 Virginia Register of Regulations 1306 (January 13, 2014)

B. Fast Track Regulations

1. 9VAC5-85. Permits for Stationary Sources of Pollutants Subject to Regulation (Rev. H-12) (amending 9VAC5-85-40, 9VAC5-85-50; adding 9VAC5-85-55).

Statutory Authority: § 10.1-1308 of the Code of Virginia.

Effective Date: March 13, 2014.

Summary: The amendments (i) enable greenhouse gas (GHG) plantwide applicability limits (PALs) to be established on a mass or a carbon dioxide equivalent (CO2e) emissions basis, (ii) allow a GHG-only source to submit an application for a CO2e-based GHG PAL while maintaining its minor source status, and (iii) add new definitions and revise several existing ones.

Volume 30, Issue 11 Virginia Register of Regulations 1440 (January 27, 2014)

STATE WATER CONTROL BOARD

A. Final Regulations

1. Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation (amending 9VAC25-31-10, 9VAC25-31-25, 9VAC25-31-30, 9VAC25-31-50, 9VAC25-31-200, 9VAC25-31-300, 9VAC25-31-310).

Statutory Authority: § 62.1-44.15 of the Code of Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, 124, 403, and 503.

Effective Date: February 26, 2014.

Summary: The amendments (i) incorporate into VPDES regulations recent changes to 40 CFR 122.26, to 40 CFR Parts 449 and 451, and to §§ 54.1-2301 and 62.1-44.5 of the Code of Virginia and (ii) update the regulation to allow the use of the latest versions of federal effluent guidelines.

Volume 30, Issue 11 Virginia Register of Regulations 1451 (January 27, 2014)

2. 9VAC25-151. General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Discharges of Storm Water Associated with Industrial Activity (amending 9VAC25-151-10, 9VAC25-151-20, 9VAC25-151-40 through 9VAC25-151-90, 9VAC25-151-110 through 9VAC25-151-350, 9VAC25-151-370; adding 9VAC25-151-15; repealing 9VAC25-151-65).

Statutory Authority: § 62.1-44.15 of the Code of Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, and 124.

Effective Date: July 1, 2014.

Summary: This regulatory action reissues the existing Virginia Pollutant Discharge Elimination System Industrial Activity Storm Water General Permit (VAR05) that expires on June 30, 2014, and is based primarily on the U.S. Environmental Protection Agency's 2008 final Multi-Sector General Permit. The general permit establishes permit conditions and monitoring requirements for point source discharges of storm water associated with industrial activity to surface waters. The general permit regulation is reissued to make it available for these facilities to continue to discharge and will be effective for five years beginning July 1, 2014, and expiring June 30, 2019.

Volume 30, Issue 11 Virginia Register of Regulations 1467 (January 27, 2014)

3. 9VAC25-190. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Nonmetallic Mineral Mining (amending 9VAC25-190-10 through 9VAC25-190-70; adding 9VAC25-190-15; repealing 9VAC25-190-65).

Statutory Authority: § 62.1-44.15 of the Code of Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, and 124.

Effective Date: July 1, 2014.

Summary: The amendments reissue the existing VPDES general permit, which expires on June 30, 2014. The general permit contains limitations and monitoring requirements for point source discharge of treated wastewaters from nonmetallic mineral mining to surface waters. The general permit regulation is being reissued in order to continue making it available for these facilities to continue to discharge. Changes since publication of the proposed stage of the regulation are found in 9VAC25-190-10, 9VAC25-190-50 D, 9VAC25-190-60 B and C, and 9VAC25-190-70 Part I B, Part II C, and Part II H. The most significant change since the proposed stage of the regulation is the addition of the new special condition that eliminates the need for discharge monitoring reports for process water systems that are designed to operate as a no discharge system except during a 25-year, 24-hour storm event.

.Volume 30, Issue 11 Virginia Register of Regulations 1551 (January 27, 2014)

4. 9VAC25-870. Virginia Stormwater Management Program (VSMP) Regulation (amending 9VAC25-870-47, 9VAC25-870-48, 9VAC25-870-55, 9VAC25-870-760, 9VAC25-870-820, 9VAC25-870-825).Statutory Authority: § 62.1-44.15 of the Code of Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, 124, 403, and 503.

Effective Date: February 26, 2014.

Summary: The amendments include (i) clarification of existing requirements regarding time limits on applicability of approved design criteria and grandfathering; (ii) addition of provisions for a stormwater management plan for a land-disturbing activity to apply the stormwater management technical criteria to the entire residential, commercial, or industrial development; (iii) addition of provisions that allow the department to enter into agreements with a VSMP authority to collect the total fee to be paid by an applicant and transmit the department's portion of the fee to the department; (iv) clarification of the fee language, including that the total fee to be paid by an applicant applies to an operator seeking new or continued coverage under the 2014 Construction General Permit; and (vii) clarification that the fees for modification or transfer of construction general permit coverage do not apply until assessed by a VSMP authority.

Volume 30, Issue 11 Virginia Register of Regulations 1571 (January 27, 2014)

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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