The City of Norfolk appreciates the opportunity to comment on DEQ’s draft regulations associated with the reissuance of the Virginia Pollution Discharge Elimination System (VPDES) General Permit for Storm Water Discharges Associated with Industrial Activity [9 VAC 25-151].  As a municipality that holds both a Phase I MS4 Permit and separate VDPES Industrial Permits, we would like to offer the following recommendations associated with the draft regulations and future permit requirements:

1. 9 VAC 25-151-50, Newly Constructed Facilities:  The draft industrial regulations require any newly constructed facilities (constructed after November 29, 2010) meet the runoff reduction methods or purchase credits prior to obtaining coverage under the VPDES Industrial Permit.  This provision should be removed from these draft regulations in its entirety.  Per state law (§62.1-44) and regulations (4VAC50-60), sites are not required to construct to the new storm water standards until July 1, 2014, with some sites grandfathered for additional permit cycles.  Facility construction is covered under the Virginia Storm Water Management Program (VSMP) Permit or General Construction Permit and should not be mentioned in an Industrial permit.  Additionally, the drafted industrial regulations are not consistent with the construction regulations outlined in 4VAC50-60 for both redevelopment and the timeframe specified above.
2. 9 VAC 25-151-60, Registration Statement and Storm Water Pollution Prevention Plans (SWPPP):  This section of the permit requires the facility to identify whether or not it discharges to an MS4, and if so identify the MS4.  This provision requires the permit holder to notify the MS4 of the discharge within 30-days of coverage under the terms of this permit.  It may be beneficial for DEQ to provide a table or a link to a map that identifies the MS4 localities and program administrator contact information.
3. 9 VAC 25-151-70, Special Conditions:  The regulations require the permit holder to provide monitoring data semi-annually for total nitrogen, total phosphorus, and total suspended solids for the first two years of the permit to assist with establishing a baseline.  The City recommends that the permit language be modified to require monitoring be performed annually for the entire 5-year permit cycle.  The provision for obtaining an exemption of the monitoring requirements if two consecutive monitoring data sets show the analysis below detectible limits should be continued.  Additionally, the City recommends baseline monitoring for any impairment (bacteria, PCB, metals, etc.) within the watershed for which the discharge occurs to assist with TMDL source tracking.

Thanks for your consideration of these comments.