DEQ SWANA Regulatory Update 2018 Leslie Beckwith Office

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

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

Requirements for regulatory development: Basic Law Authority for regulation—Waste Management Act Public Participation Guidelines 9 VAC 20 -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)

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

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

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!

Stage 1 NOIRA, Executive Review and Publication 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

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

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

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

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

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

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.

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

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

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

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

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

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/View. Stage. cfm? stageid=8192

Full Process Regulated Medical Waste Regs 9 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

Regulatory Amendments & Actions Sign up for the News Feed “Land Protection Program Updates – News You Can Use” (http: //www. deq. virginia. gov/Connect. With. DEQ/News. Feeds. 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/Connect. With. DEQ/Public. Calendar. aspx) DEQ is on Social Media! Follow on twitter @Virginia. DEQ And Facebook Virginia Department of Environmental Quality

Legislative Update

Coal Ash Legislation SB 807: Coal combustion residuals and other units; permits, request for proposals. Permit Delay • DEQ Cannot issue permits for closure in place before July 1, 2019 RFPs for BU/Recycling Business Plans • Quantify CCR • Cost • Potential Market • Due Nov 15, 2018

Coal Ash Legislation Bills continued to next term SB 765 – Mandatory drinking water well testing in Chesapeake Bay Watershed within 1 mile of a pond SB 767 – Would allow DEQ to require corrective actions prior to permitting SB 768 and SB 808 – Cost recovery for CCR unit closures

Recycling Bill SB 218: Recycling; beneficial use CHAP 615 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

Public Notice for Guidance HB 297: 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