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Virginia Pollution Abatement (VPA) Permit Regulation [9 VAC 25 ‑ 32]
Action:
Amendment of Regulations Pertaining to Biosolids After Transfer from the Department of Health
 
General Information
Action Summary On September 25, 2007, the State Water Control Board voted to amend the Virginia Pollution Abatement Permit Regulation (9 VAC 25-32-10 et seq.), the Virginia Pollutant Discharge Elimination System Permit Regulation (9 VAC 25-31-10 et seq.), the Fees for Permits and Certificates regulation (9 VAC 25-20-10 et seq.), and the Sewage Collection and Treatment Regulations (9 VAC 25-790-10 et seq.), where applicable, to reflect changes to ยง62.1-44.19:3 of the Code of Virginia. The changes to the Code and these related amendments transferred oversight of the regulatory program pertaining to biosolids (treated sewage sludge) from the Virginia Department of Health to the Virginia Department of Environmental Quality as a final exempt regulatory action. The final exempt process did not allow substantive changes to be made to the regulation apart from those specifically outlined in the statutory mandate. As a result, several issues regarding inconsistency between biosolids land application requirements in the Virginia Pollution Abatement Permit Regulation (9 VAC 25-32-10 et seq.) and the Virginia Pollutant Discharge Elimination System Permit Regulation (9 VAC 25-31-10 et seq.) still exist. The amendments will address three regulatory actions initiated by the Board of Health pertaining to field storage of biosolids, permit fees, and site access control. In order to include consideration of the fee structure for biosolids land application permits, the Fees for Permits and Certificates regulation (9 VAC 25-20-10 et seq.) is also included in this intended regulatory action. The Board will also consider issues pertaining to public notice processes, processes to establish appropriate buffers to address health concerns, permit modification procedures, sampling requirements, nutrient management requirements, animal health issues associated with grazing, financial assurance procedures, changes to permitting procedures to reduce administrative burden while securing adequate requirements for public notice, site specific nutrient management and health and to consider input from the Biosolids Expert Panel.
Chapters Affected
  VAC Chapter Name Action Type
Primary 9 VAC 25-32 Virginia Pollution Abatement (VPA) Permit Regulation Amend Existing Regulation
Other chapters
  9 VAC 25 - 20 Fees for Permits and Certificates
  9 VAC 25 - 31 Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation
Exempt from APA No, this action is subject to the Administrative Process Act and the standard executive branch review process.
RIS Project Yes  [001248]
 
Stages
Stages associated with this regulatory action.
Stage ID Stage Type Status
4574 NOIRA Stage complete. Comment period ended 7/31/2008.
5374 Proposed Stage complete. Comment period ended 4/29/2011.
6038 Final Stage complete. This regulation became effective on 9/1/2013.
 
Contact Information
Name / Title: William K. Norris 
Address: 629 East Main Street
P.O. Box 1105
Richmond, VA 23218
Email Address: wknorris@deq.virginia.gov
Phone: (804)698-4022    FAX: (804)698-4347    TDD: ()-