Notice of action: The State Water Control Board (Board) is considering the amendment of a regulation on stormwater discharges from construction activities. A regulation is a general rule governing people's rights or conduct that is upheld by a state agency.

Regulation name: General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Discharges of Stormwater from Construction Activities (9VAC25-880)

Purpose of notice: The Board is seeking comments through the Department of Environmental Quality on 1) additional comments to the proposal 2) the costs and benefits of the proposal 3) effects of the proposal on farm and forest land preservation and 4) impacts on small businesses. 

Public comment period: October 18, 2013 to November 20, 2013

Public comment stage: Notice of Public Comment on Provisions Revisions to Proposed Amendments to the General VPDES Permit for Discharges of Stormwater from Constructions Activities

Description of proposed regulation: This rulemaking is proposed in order to reissue the general permit which expires on June 30, 2014. The general permit establishes pollution prevention plan requirements and special conditions for construction activities with stormwater discharges to surface waters. The permit conditions are set to protect the water quality of the receiving waters. The general permit must be reissued in order to continue making general permit coverage available for these construction activities.

Proposed amendments to the regulation were previously proposed by the Department of Conservation and Recreation through the Virginia Soil and Water Conservation Board. The Board is considering adopting additional changes to the proposal at its meeting on December 17, 2013. The additional changes are a result of further review of the regulation, review of the proposed general permit and the public comments received on the proposed general permit.

 The substantive proposed changes include (i) adding a definition for “infeasible” and revising the definition for “measureable storm event”; (ii) updating the deadline for submitting a complete registration statement in order to be eligible for administrative continuance; (iii) adding provisions indicating that new and existing stormwater discharges associated with the construction of single-family residences separately built, disturbing less than once acre and part of a larger common plan of development are authorized to discharge under the general permit and operators are not required to submit a registration statement or pay the department portion of the permitting fees; (iv) adding a provision to the general permit indicating that existing construction activities must continue to comply with the current stormwater management technical criteria (i.e., Part II C of the Virginia Stormwater Management Program Regulations) and operators do not have to have their stormwater management plans retroactively approved; and (v) reinserting a provision to the general permit indicating that operators of construction activities must make their stormwater pollution prevention plans (SWPPPs) publically accessible either in electronic format or in hard copy.

How to comment: The DEQ accepts written comments by hand-delivery, e-mail, fax and postal mail. All written comments must include the full name, address and telephone number of the person commenting and be received by DEQ no later than on the last day of the comment period. All comments, exhibits and documents received are part of the public record.

How a decision is made: After comments have been considered, the Board will make the final decision. Citizens that submit statements during the comment period may address the board members during the board meeting at which a final decision is made on the proposal.

To review regulation documents: The proposal is available on the department website at http://www.deq.virginia.gov/Programs/Water/LawsRegulationsGuidance.aspx on the water laws, regulations and guidance page and by contacting the DEQ representative named below.