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DEQ SWANA Regulatory Update 2018

Stay informed about the latest regulatory updates in Virginia for waste management and participate in the public comment process effectively. Understand the stages and timelines for regulatory actions in the state.

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DEQ SWANA Regulatory Update 2018

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  1. DEQ SWANA Regulatory Update 2018 Leslie Beckwith Office Director, OFRWP SWANA Regulatory Update October 18, 2018

  2. Acronyms NOIRA—Notice of Intended Regulatory Action TH—Town Hall SNR—Secretary of Natural Resources EO—Executive Order ORA—Office of Regulatory Affairs SB—Senate Bill HB—House Bill APA—Administrative Process Act RAP—Regulatory Advisory Panel

  3. Requirements for regulatory development: • Basic Law • Authority for regulation—Waste Management Act • Public Participation Guidelines • 9VAC20-11—mailing list, public notice requirements and use of the RAP, same for all three Boards • Administrative Process Act (APA) • Supplements basic law/process—case decisions, rulemaking and judicial review • Governor’s Executive Order • Gov. Northam’s EO 14 (amended July 2018)

  4. GOVERNOR’S EXECUTIVE ORDER NO. 14 • General Principles • Least possible intrusion and be necessary to protect the public health, safety, and welfare. • Only regulations necessary to interpret the law or to protect the public health, safety, or welfare shall be promulgated. • Clearly written and easily understandable • Designed to achieve their intended objective in the most efficient, cost effective manner. • Criteria for regulation development

  5. Regulatory Process • Types of processes • Exempt Process • Conform to state statute • Not materially different from federal • General permits • Fast Track Process • Non-controversial • Periodic Reviews • Standard Regulatory Process (Full Process) • Anything not qualifying as exempt or fast-track

  6. STANDARD REGULATORY PROCESS • Three stages to full process • Notice of intended regulatory action (NOIRA) • Proposed • Final • Up to 2 years to complete! But, it not so simple!

  7. Stage 1 NOIRA, Executive Review andPublication • Submit NOIRA for executive review • DPB 14 days, SNR 14 days, Gov no deadline • After Gov approval • Within 14 days NOIRA is published in Registrar with 30 day comment period • TH public comment forum opens

  8. Stage 2 Proposed Regulation, Executive Review and Publication • Proposed Regulation • Consider public comments, Establish RAP if necessary draft proposed regulation • Present to Board for approval for public comment • All of this has to happen within 180 days of the close of the public comment period

  9. Stage 2 Proposed Regulation, Executive Review and Publication • Submit for executive review • OAG—no deadline • DPB—45 days • SNR—14 days • GOV—no deadline • Within 14 days of Gov approval, the propose reg. is submitted to the Virginia Register for publication • 60 day comment period, TH public forum opens as well

  10. Stage 3 Final Regulation • Comment period/forum ends • Draft response to comment summary • Finalize regulation • Present to Board for adoption • Between 15-180 days

  11. Stage 3 Executive Review and Publication • Third Executive Review • OAG—no deadline (only if significant changes) • DPB—14 days • SNR—14 days • Gov—no deadline • Publication • Within 14 days of Gov approval the final regulation is published in Register for 30 days with public comment • If all goes as planned regulation becomes effective after the 30 days

  12. Periodic Review Timeline established by each Administration through an EO—this administration is every four years The purpose of the review is to determine if the regulation should be amended, repealed or retained as is. DEQ will evaluate the regulation and start the review process

  13. Periodic Review • DEQ submits an announcement through TH for publication in the Register • An email notice is sent to users 10 days prior to publication • Published in the Register with a 21 day comment period • Depending on result of the comment period, the regulation will either be retained as is or if changes are not controversial the regulation goes to the Board as a Fast Track.

  14. Fast Track • Submitted to TH, then Executive Review • OAG—no deadline • DPB—10 days • SNR—14 days • Gov—no deadline • Publication

  15. Current Regulations in Process: Periodic Reviews • Transportation of Solid and Medical Wastes on State Waters 9 VAC 20-170 (Barge Reg) • Public Comment Period July 23-August 13. • No comments • Retain without change

  16. Periodic Review • Virginia Financial Assurance Regulations for Solid Waste Disposal, Transfer, and Treatment Facilities, 9 VAC 20-70 • Comment period April 2-April 23 • 2 comments were received • This will go to the Board in December with the recommendation to retain with corrections

  17. Fast Track • Mercury Switch Regulations, 9 VAC 20-200 • Statutory authority for the regulation has expired • Recommendation is to repeal

  18. Periodic Review/Fast Track • Solid Waste Management Permit Fees, 9 VAC 20-90 • Public comment period July 9-July 30 • No comments were received • Retain with corrections • This will go the Board as a Fast Track

  19. Periodic Review/Fast Track • SW Planning & Recycling Regs, 9 VAC 20-130 • Started out as a Periodic Review • Fast Track Amendment • Updates definitions; • Reorders regulatory sections; • Moves requirement for planning units to maintain/update SWMPs to a standalone section; • Clarifies major and minor amendments to a SWMP; • Clarifies recycling rate calculation; and • Revises recycling rate credits language to be consistent with §10.1-1411 C of the Code of Virginia. • Board approval to proceed as Fast Track on 1/8/18, submitted to TH on 2/15/18. Currently under review at the Governor’s office (43 days). More Info: http://townhall.virginia.gov/L/ViewStage.cfm?stageid=8192

  20. Full Process • Regulated Medical Waste Regs9 VAC 20-120 • Submitted NOIRA on June 12, under review at SNR • will go to the Governor’s office for review • Generator & Handling Requirements • Transportation • Storage • Treatment • Permitting

  21. Regulatory Amendments & Actions Sign up for the News Feed “Land Protection Program Updates – News You Can Use” (http://www.deq.virginia.gov/ConnectWithDEQ/NewsFeeds.aspx) Sign up as a registered Town Hall Public User to receive email updates regarding regulatory actions (http://townhall.virginia.gov/L/Register.cfm) – Periodically check the DEQ Public Calendar for Waste Board Meeting dates (http://www.deq.virginia.gov/ConnectWithDEQ/PublicCalendar.aspx) DEQ is on Social Media! Follow on twitter @VirginiaDEQ And Facebook Virginia Department of Environmental Quality

  22. Legislative Update

  23. Coal Ash LegislationSB807: Coal combustion residuals and other units; permits, request for proposals.

  24. Coal Ash Legislation • Bills continued to next term • SB765 – Mandatory drinking water well testing in Chesapeake Bay Watershed within 1 mile of a pond • SB767 – Would allow DEQ to require corrective actions prior to permitting • SB768 and SB808 – Cost recovery for CCR unit closures

  25. Recycling BillSB218: Recycling; beneficial useCHAP615 • Amends Waste Management Act [10.1-1414, 10.1-1415, and 10.1-1422] • Specifies beneficiation facility or recycling center shall be considered a manufacturer for the purpose of any state or local economic development incentive grant. • Requires DEQ to report to GA by Nov 1, 2019 • Evaluation of VA’s recycling rates and recommendations for improving the reliability of the supply of recycled materials during next 10 years

  26. Public Notice for GuidanceHB297: Administrative Process Act; guidance documents • Exempts Guidance Documents from the APA process • Instead, to put forth guidance, each agency must: • Certify that the guidance conforms to definition of guidance document • Provide notice of the opportunity for public comment to interested parties • Provide 30-day public comment period thru VA Townhall

  27. Other Topics

  28. SWIA Report • SWIA Report 2018 (CY 2017) • Total SW reported was 21.5 M tons. 16.4 M tons from VA, 5.1 M tons from OOS • Five jurisdictions accounted for 99% of OOS SW: • MD, DC, NC, NY, NJ • OOS SW decreased by 16% • Full report can be found on DEQ website.

  29. Recycling Summary Rate ReportCY 2017 • Virginia Solid Waste Planning Units (SWPUs) with populations above 100,0001 established a calculated recycling rate for Virginia of 42.8%. • This rate was based on the data submitted by the 17 SWPUs required to report for 2017 • 20 SWPUs with populations less than 100,000 submitted reports although not required • These reports are not included in recycling rate

  30. Draft Recycling Rate Report

  31. UECA Projects • Completed UECAs • 38 RCRA CA/HW • 7 Superfund Sites • 7 Solid Waste GW • 1 RCO • 4 VRP • In process • 7 with fees paid, 9 in various draft forms

  32. Leslie Beckwith Office of Financial Responsibility and Waste Programs 804-698-4123 Leslie.Beckwith@deq.Virginia.gov

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