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Board backs proposed biosolids rule changes to allow emergency management plans during extreme weather
Summary
DEQ proposed amendments to VPA permitting to implement HB 870, allowing permittees to submit DEQ‑approved emergency management plans for biosolids storage and application during extreme weather; the board approved moving the proposal to public comment.
The State Water Control Board voted to authorize public consideration of proposed amendments to the Virginia Pollution Abatement permit regulation intended to give permittees more flexibility to manage biosolids during prolonged wet-weather events.
Neil Zarekka, manager in DEQ’s Office of Land Application Programs, said the General Assembly passed House Bill 870 in 2024 after storage-and-application challenges during record-wet conditions in 2018–19. DEQ convened a regulatory-advisory panel including wastewater, agricultural and environmental stakeholders and said the panel was unusually collaborative.
Zarekka described proposed changes in two regulation sections. Section 4-10 would allow permittees to include an emergency management plan within their biosolids management plan; the plan would identify available storage capacity, trigger conditions for emergency procedures, the flexibility to deviate from a limited set of permit conditions while the plan is active, and would require DEQ approval before use. Section 32-5-50 would create a process to preapprove emergency storage locations; those locations would require DEQ approval, required inspections and reporting, notification to the locality after DEQ approval, and presence of a certified land supplier during storage operations.
The amendments would also clarify on-site versus routine storage (routine storage holds material for more than 45 days and requires engineered surfaces and local approval; on-site storage is for less than 45 days and does not require local approval). Zarekka said emergency management plans could allow increased on-site storage time or use of other permitted sites temporarily and would include an addendum to monthly reporting while the plan is active.
After the presentation the board voted to proceed with the staff recommendation to publish the proposed regulatory amendments for public comment and hearing.
Next steps: DEQ will publish the proposed amendments and schedule public comment and hearing opportunities; final regulatory action will depend on the public comment record.
