Fairfax County Water Authority

8570 Executive Park Avenue

Fairfax, Virginia 22031

January 6, 2020

Mr. Gary Graham

Virginia Department of Environmental Quality

1111 East Main Street, Suite 14000

P.O. Box 1105

Richmond, VA 23218

Re:  NOIRA Regulation 9 VAC 25-720

Dear Mr. Graham:

The Fairfax County Water Authority (“Fairfax Water”) appreciates the opportunity to comment on the Notice of Intended Regulatory Action (NOIRA) amendments to the Water Quality Management Planning Regulations (WQMP) - 9 VAC 25-720.

As you are aware, Fairfax Water provided comments (attached) on Virginia’s Watershed Implementation Plan (WIP) development on May 28, 2019. Those comments focused on our endorsement of maintaining current WIP implementation requirements for Upper Occoquan Service Authority (UOSA) in the absence of rigorous scientific study evidencing water quality improvements in the Occoquan Reservoir system.

One of the considerations addressed in the NOIRA is that “facilities with special circumstances could be assigned floating wasteload allocations or possibly no floating wasteload allocation”.   The imposition of a “floating wasteload allocation” on the UOSA implementation plan would represent a significant change to the current situation. Therefore, we reiterate our previous position that any significant change to UOSA’s current implementation requirements under the NOIRA (which may impact total nitrogen limitations) requires rigorous scientific study to determine the resulting water quality impact. In the absence of such study, Fairfax Water strongly endorses maintaining the current WQMP implementation requirements for UOSA.

Thank you for your attention to this matter. Please contact Greg Prelewicz, Manager, Planning, at (703) 289-6318 or gprelewicz@fairfaxwater.org if you have questions or require additional information.

                                                                         Sincerely,

cc:        Mr. Charles Boepple, Executive Director, UOSA

Dr. Adil Godrej, Co-Director, OWML

Mr. Jeremy Hull, Field Director, VDH

Deputy General Manager

            Director, Planning and Engineering

            Director, Production

            Manager, Planning

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.

February 19, 2020  

VIA ELECTRONIC AND FIRST-CLASS MAIL

Mr. Gary E. Graham

Virginia Department of Environmental Quality

1111 East Main Street, Suite 1400

Richmond, VA 23218

Gary.Graham@deq.virginia.gov

RE:     Water Quality Management Planning Regulations NOIRA and RAP Membership Request  

Dear Mr. Graham:

On behalf of the City of Richmond’s Department of Public Utilities (“DPU”), I am writing in response to the Virginia Department of Environmental Quality’s (“DEQ”) recent Notice of Intended Regulatory Action (“NOIRA”) to consider amending Virginia’s Water Quality Management Planning Regulations (9 VAC 25-720 et seq.) and its General Virginia Pollutant Discharge Elimination System (“VPDES”) Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia (9 VAC 25-820 et seq.).  These regulations include wasteload allocations for significant dischargers to Virginia’s portion of the Chesapeake Bay under the watershed-wide Total Maximum Daily Load (“TMDL”). 

Any proposed changes to the wasteload allocations for permitted discharges could greatly impact DPU operations related wastewater, stormwater, and the City’s combined sewer system.  The City is a discharger to the James River and has integrated wasteload allocations for discharges from its wastewater treatment plant, combined sewer system and municipal separate storm sewer system.  As a result, the City is deeply invested in any proposed changes to wasteload allocations under the Bay TMDL. Based on Virginia’s Phase III Watershed Implementation Plan (“WIP”) to meet goals of the Bay TMDL, the City could face the imposition of “floating” wasteload allocations measured at a concentration of 8 mg/L Total Nitrogen.  Therefore, DPU is interested in this regulatory process and its potential future implications and requests that it be included in the Regulatory Advisory Panel (“RAP”) DEQ is convening to assist the Agency in formulating the proposed changes to these regulations. 

The NOIRA also includes language that DEQ intends to revise wasteload allocations for Nitrogen and Phosphorus as a result of the revised Chlorophyll-a water quality criteria in the Tidal James River.  Based on model runs received to date applying the revised criteria, it is our understanding that existing wasteload allocations will meet the revised criteria and no wasteload allocation changes are necessary.  DPU is also strongly interested in this issue and wishes to participate in the RAP to provide its perspective and expertise on this issue.

Therefore, I request to be included on the RAP to represent Richmond DPU.  I also request that Patrick Fanning (Troutman Sanders) be included as my alternate on the RAP.  Please feel free to contact me at Grace.LeRose@richmondgov.com or (804) 646-0033 with any questions regarding these comments.

                                                                        Sincerely,

Grace LeRose

                                                                        Program Manager

                                                                        City of Richmond Department of Public Utilities     

February 19, 2020

VIA ELECTRONIC AND FIRST-CLASS MAIL

Mr. Gary E. Graham

Virginia Department of Environmental Quality

1111 East Main Street, Suite 1400

Richmond, VA 23218

Gary.Graham@deq.virginia.gov

Dear Mr. Graham:

On behalf of Virginia Manufacturers Association (“VMA”), we are writing in response to the Virginia 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”).  A number of VMA are covered by these regulations and will be affected by DEQ’s regulatory action. We understand DEQ intends to convene a Regulatory Advisory Panel (“RAP”) and we write to request that VMA be represented on the RAP.

VMA has played an active role in the development and implementation of the WQMP Regulations and Nutrient General Permit, as well as other DEQ policies and procedures affecting water quality in Virginia’s tidal tributaries to the Chesapeake Bay.  VMA serves on the Secretary of Natural Resources’ Stakeholder Advisory Group for the Chesapeake Bay, as well as the RAP assisting in the development of numeric Chlorophyll a criteria for the James River. VMA also served on the work group under Executive Order 52, which was one of the catalysts for the NOIRA.

VMA 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.  

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. Along with other members, VMA helped prepare a report to the Governor proposing a plan to meet the needs of new or expanding dischargers.[1]  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.  To VMA’s knowledge, no such guidance has been developed. 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.  VMA understands that DEQ’s studies have shown that there is no need for additional wasteload allocation reductions to address Chlorophyll a beyond the allocations to meet the Chesapeake Bay TMDL goals. 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, VMA recommends 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.  It would also make sense for such meetings to include a greater number of RAP representatives from the sectors primarily affected by the proposed changes to the regulations.

Please include Andrew Parker (AdvanSix and chair of VMA’s Water Subcommittee), as VMA’s representative on the RAP.  We also request that Andrea Wortzel (Troutman Sanders) be included as an alternate on the RAP.  Please feel free to contact us with any questions.

Sincerely,

Brooks M. Smith

Andrea W. Wortzel

Patrick J. Fanning

Counsel to VMA Water Subcommittee

cc:  VMA Water Subcommittee Members