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Board clears fast-track technical fixes to industrial stormwater permit
Summary
The board authorized DEQ to use the Administrative Process Act fast-track process for technical corrections to the industrial stormwater general permit, including an updated phosphorus loading rate for new development and citation fixes to align with recent VESM changes.
The State Water Control Board on Thursday authorized DEQ to proceed with fast-track rulemaking for technical corrections to the industrial stormwater general permit.
DEQ staff explained the package updates cross references and clarifies compliance paths following recent amendments to the Virginia Erosion and Stormwater Management (VESM) regulations. Staff noted three core changes: updating the total phosphorus load benchmark for new development from 0.41 to 0.26 pounds per acre per year, specifying that compliance with water-quality design criteria may be determined using the VESM regulation (with updated citations), and updating the DEQ web link to the Virginia Stormwater BMP Clearinghouse for BMP design specifications and pollutant removal efficiencies.
Under the fast-track process staff recommended that DEQ promulgate the proposal using the Administrative Process Act provisions for noncontroversial rulemakings and, if no objections or requesting officials intervene and no substantive changes are required after comment, set the rule's effective date 15 days after the close of a 30-day public-comment period. The board approved the staff recommendation.
Next steps: DEQ will publish the fast-track proposal and monitor for objections during the comment period before finalizing an effective date.
