Board adopts biosolids emergency-storage rule implementing 2024 law on land-application flexibility
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Summary
The board adopted DEQ's amendments to the Virginia pollution abatement (biosolids) regulation to allow preapproved emergency management plans that provide limited, DEQ‑approved deviations for land application during extreme weather, implementing House Bill 870.
The State Water Control Board on April 7 adopted amendments to the Virginia pollution abatement regulation (biosolids management) to implement Chapter 209 of the 2024 Acts (House Bill 870). DEQ staff presented an optional emergency management plan framework that would let permittees request DEQ preapproval of alternate storage and operational measures to use when extreme weather limits normal land-application activities.
DEQ explained the plans would be optional and require DEQ approval in advance; approved plans would describe available storage capacity, trigger conditions for emergency implementation, notification and reporting steps, and prioritization for moving material off emergency sites. "These deviations from the normal permit requirements would include things like on-site storage flexibility in the sites that could be used for on-site storage, the amount of material that could be stored there as well as the time period," DEQ staff said.
DEQ said it revised the proposed rule in response to comments, including lengthening the notification window for plan revisions from 30 to 90 days, clarifying when reapproval is required, and making non-substantive edits for clarity. Stakeholders including the Chesapeake Bay Foundation, the Virginia Biosolids Council and municipal water authorities voiced support; some contractors asked for broader generator-focused provisions that DEQ said were outside the scope of the legislative direction.
A board member moved to adopt staff recommendations and the board voted to approve the amendments. The motion carried.
Why it matters: The amendments create a limited, preapproved pathway for permittees to manage biosolids during periods when normal land-application is impractical because of extreme weather; the rule changes are intended to balance operational flexibility with environmental safeguards (inspection, certified operators, reporting and reapproval triggers).
Next steps: DEQ will publish the final amendments and the agency noted that other variance or permit processes remain available for circumstances beyond the scope of the legislative directive.
