As previously reported, HB 870 (Bulova) which was signed into law last year, requires the state to adopt regulations that include procedures for addressing administrative, staging, signage, and additional on-site and alternative storage site requirements when routine and on-site storage facility capacity and holding times are anticipated to be exceeded for the purpose of protecting against the release of sewage sludge into state waters and to account for increased intensity, frequency, and duration of storm events. The Department of Environmental Quality formed a regulatory advisory panel consisting of certain stakeholders (of which VACo is a member) for the purpose of assisting the state in developing the regulations as required by the bill.
The final draft regulations contain the following changes:
- 9VAC25-32-410
This section details the components of the “Biosolids Management Plan” that a biosolids land applier must develop and submit to DEQ for all permits. The current components include the site books, as defined in regulation, in the permit application, nutrient management plans for each land application site, and an operations and maintenance manual. The proposed amendment adds the option to include an emergency management plan as part of the Biosolids Management Plan, and includes requirements for emergency management plan content, instructions for initiation, instructions for approval, and implementation procedures.
- 9VAC25-32-550
This section currently details the specifications for two types of storage facilities: on-site and routine. The proposed amendment adds a third category describing the requirements for emergency storage and includes details on definitions, requirements, limits, reporting, access, and inspections. The requirements for emergency storage align closely with those for on-site storage except that the locality be notified after DEQ approves emergency storage location.
At the August 20 meeting of the State Water Control Board, DEQ staff The Board would go on to approve the proposed regulation. VACo will continue to provide updates on this proposed regulation as it moves through the process toward public comment.
VACo Contact: James Hutzler and Joe Lerch