Comments on Proposed Regulation 9VAC25-32 for Emergency Management Plan

I have been involved in some way with land application of biosolids over thirty-five years.  Consequently, I have more experience than most with the biosolids management program.  The Fall of 2018 through Spring of 2019 was the most difficult months I have ever experienced due to record precipitation throughout Virginia and the Mid Atlantic Region.   That we were able to manage through this period without any impact on water quality and the environment or impact on operations of sewer plants is testimony to the diligence of the utility professionals.

I urge approval and adoption of these regulations which will provide the ability to create a plan to manage biosolids when extreme weather prevents the conforming management of biosolids.  Management of biosolids is a task which must be provided regardless of weather, pandemics or other emergencies.   These regulations will allow the permittees to be proactive in developing and obtaining VADEQ approval of an emergency plan for extreme conditions. 

I offer the following specific comment on the draft regulations:

Section F.3.  Procedural deviations specified in the emergency management plan may not include additional deviations from permit requirements other than those listed in subdivisions F2a through F2d of this section.

I object to this restriction as it is shortsighted and creates an unnecessary limitation without providing any benefit.  What if other viable deviations are developed after adoption of these regulations?  What purpose is there in limiting deviations to those listed in F2a through F2d?  The Emergency Management Plan must be preapproved by VADEQ thus giving VADEQ more than sufficient opportunity to approve the proposed deviation.

Thank you for your consideration.