AdvanSix is writing in response to DEQ’s Notice of Intended Regulatory Action (“NOIRA”) to consider amending 9 VAC 25-720 et seq. (“WQMP Regulations”) and 9 VAC 25-820 et seq. (“Nutrient General Permit”).  These regulations contain wasteload allocations for significant dischargers to Virginia’s portion of the Chesapeake Bay under the watershed-wide Total Maximum Daily Load (“TMDL”). 

As an initial matter, AdvanSix requests that it be a member of the proposed Regulatory Advisory Panel for the regulatory action.  AdvanSix is covered both directly and indirectly by the proposed regulations, and AdvanSix has played an active role in the development and implementation of other water regulatory programs.  For example, AdvanSix played an active role in developing the WQMP regulations and Nutrient General Permit, served as the Virginia Manufactures Association’s (VMA) representative on the RAP assisting in the development of numeric chlorophyll a criteria for the James River, and also served as VMA’s representative in the work group under Executive Order 52, one of the catalysts for the NOIRA.

AdvanSix is concerned with several aspects of the NOIRA, including DEQ’s proposal to single out industrial dischargers for wasteload allocation reductions that are “unneeded.”  This runs contrary to long-established plans for determining if and when any wasteload allocations may need to be revised.  It also comes at an especially critical time, when facilities may be relying on currently “unneeded” allocations to plan the significant investments needed to meet the several new changes in State water programs.

In 2016, Governor McAuliffe signed Executive Order 52 establishing a work group to address methods to offset discharges of nutrients by new or expanding point sources in the Chesapeake Bay watershed.  The report recommended a periodic review of wasteload allocations, but nowhere did the report limit this review to industrial dischargers alone.  Additionally, the report recommended that any periodic review should be undertaken under strict guidance developed by DEQ in consultation with key stakeholders.  Finally, the report recommended that the first periodic review should be limited to “the most dramatic changed circumstances,” such as facility closure, if any.  We urge DEQ to conform its NOIRA with the recommendations made by the work group pursuant to Executive Order 52.

The NOIRA also indicates that DEQ will consider changes to wasteload allocations “if necessary” to meet Virginia’s new Chlorophyll a criteria for the tidal James River.  AdvanSix understands that DEQ’s studies have shown that there is no need for additional wasteload allocation reductions, beyond the allocations to meet the Chesapeake Bay TMDL goals necessary, to address chlorophyll a.   Thus, we question whether this aspect of the NOIRA is justified or appropriate.

Finally, given the vast number of stakeholders potentially affected by the three goals mentioned in the NOIRA, AdvanSix supports VMA’s recommend that DEQ address each of the proposed goals in the NOIRA through separate meetings so that the most affected stakeholders are able to effectively participate in the process.