Virginia Department of Environmental Quality to Update VPDES General Permits VAR05 and VAG84

The Virginia Department of Environmental Quality (VADEQ) proposes to update two Virginia Pollutant Discharge Elimination System (VPDES) General Permits, proposed 9VAC25-190 (non-metallic mining) and proposed 9VAC25-151 (industrial activities), that are expiring in 2024. If your facility has coverage under either of these permits, expect to submit a renewed registration early next year and keep reading for additional background on what to expect with the renewed permits.

Industrial Stormwater Discharges (VAR05)

The current VPDES General Permit for Stormwater Discharges Associated with Industrial Activity (General Permit No. VAR05) expires on June 30, 2024. The permit became effective on July 1, 2019 and requires reissuance by VADEQ every five years. A draft permit containing proposed changes was posted on May 22, 2023 with a public comment that ended July 21, 2023.

VADEQ will be making any necessary changes to the proposed permit based on public comment. A final permit will be presented to the Virginia State Water Control Board for approval and adoption at the end of 2023.

What changes are proposed?

Substantial changes to the existing permit include but are not limited to:

• Updating the benchmark monitoring parameters to align with the U.S. Environmental Protection Agency (EPA) 2021 Multi-Sector General Permit (MSGP),
• Adding a requirement for a pollutant minimization plan for facilities exceeding a Total Maximum Daily Load (TMDL) waste load allocation,
• Adding potential coverage for facilities discharging effluent from airport deicing,
• Adding firefighting training activities as an authorized non-stormwater discharge, and
• Updating the Chesapeake Bay TMDL conditions to include new monitoring requirements.

Depending on your industry sector, the benchmark concentrations for certain pollutants of concern shall increase compared to the current VAR05 (e.g., arsenic and aluminum) or benchmark values will be removed (e.g., magnesium and iron). It is best to keep an eye on the pollutants of concern that will have more stringent benchmark values in the new VAR05 (e.g., silver, cadmium, and copper), especially if past sampling at your facility has been close to or above the existing benchmark.

Nonmetallic Mineral Mining (VAG84)

The VPDES General Permit for Nonmetallic Mineral Mining (Permit No. VAG84) also expires on June 30, 2024. The permit became effective on July 1, 2019 and requires reissuance by VADEQ every five years. A draft permit containing proposed changes was posted on May 22, 2023 with a public comment period that ended on July 21, 2023.

VADEQ will make any necessary changes to the proposed permit based on public comment. A final permit will be presented to the Virginia State Water Control Board for approval and adoption at the end of 2023.

What changes are proposed?

Substantial changes to the existing permit include but are not limited to:

• Adding a special condition that conditionally allows dewatering during flooded conditions,
• Adding firefighting training activities as an authorized non-stormwater discharge, and
• Specifying 24-hour noncompliance reporting requirements.

What actions do you need to take?

The 2024 Industrial Stormwater General Permit will become effective on July 1, 2024. Facilities with existing industrial stormwater general permits should submit a registration statement to VADEQ by May 1, 2024 to ensure the facility’s stormwater coverage is uninterrupted. As part of the registration process, it may also be time to review and update your Stormwater Pollution Prevention Plan (SWPPP) and review your facility’s past discharge data to see if it is necessary to develop a Pollutant Minimization Plan. In preparation of the proposed updates to the 2024 General Permit, we also recommend reviewing the benchmark monitoring parameters from the U.S. EPA 2021 MSGP and the proposed monitoring requirements to see if they apply to your facility. Facilities with a conditional exclusion for no exposure of the industrial activities at their site must submit a No Exposure Certification to VADEQ every five years, independent of the reissuance of the 2024 Industrial Stormwater General permit.

The 2024 Nonmetallic General Mining Permit will become effective on July 1, 2024. Facilities with existing nonmetallic mineral mining general permits should submit a registration statement to VADEQ by May 1, 2024 to ensure the facility’s stormwater coverage is uninterrupted.

If you have any questions regarding the proposed updates to the 2019 General Permits or what your next steps should be to prepare for the adoption of the 2024 General Permits, please reach out to me at jfantone@all4inc.com. ALL4 will continue to track updates to the 2019 General Permits, and we are here to help with any of the above actions your facility may need to take, along with any other aspects of stormwater compliance your facility may need.