Virginia Water-related Government Meetings, May 20-June 3, 2013

For more information, click on the meeting dates. Click here for the Commonwealth Calendar listing of all government meetings open to the public, here for the  Virginia Regulatory Town Hall listing of all government meetings of a regulatory nature, and here for Virginia General Assembly legislative committee and commission meetings.

 For other, non-governmental, events, please see the Water Central News Grouper post, Quick Guide to Virginia Water-related Events.

REGULAR MEETINGS OF STATEWIDE BOARDS AND COMMISSIONS.

5/21/13, 9 a.m.: Gas and Oil Board.  At the Russell County Office Building, 139 Highland Drive in Lebanon.

5/21/13, 10 a.m.: Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals (informal fact-finding conference on a disciplinary matter).  At the Department of Professional and Occupational Regulation, 9960 Mayland Drive in Richmond.

5/21/13, 10 a.m.: Board of Game and Inland Fisheries’ Education, Planning, and Outreach Committee.  At 4000 West Broad Street in Richmond.  On 5/21/13 at 1 p.m., at the same location, the full Board will hold a workshop to discuss legislative ideas.

5/23/13, 9 a.m.: Board of Agriculture and Consumer Services.  At the Virginia Capitol Building, Senate Room 3, 1000 Bank Street in Richmond.  Among other topics, the Board will be considering for final approval the following regulations: 2 VAC 5-321, Regulation of the Harvest of Ginseng; and an amendment to 2 VAC 5-685, Regulations Governing Pesticide Applicator Certification.

5/23/13, 10 a.m.: Board for Waste Management Facility Operators.  At the Department of Professional and Occupational Regulation, 9960 Mayland Drive in Richmond

5/23/13, 10 a.m.: Offshore Wind Development Authority.  At the Virginia Housing Center, 4224 Cox Road in Glen Allen.

5/28/13, 9:30 a.m.: Marine Resources Commission.  At 2600 Washington Avenue in Newport News.

MEETINGS ABOUT TOTAL MAXIMUM DAILY LOADS (or TMDLs, for impaired waters).
For more information about TMDLs in Virginia, click here for the Virginia Department of Environmental Quality TMDL Web site.

5/22/13, 7 p.m., at Massies Mill Ruritan Hall, 5439 Patrick Henry Highway in Roseland, on the TMDL study of bacterial impairments in the Tye River and three tributaries (Hat Creek, Piney River, and Rucker Run) in Nelson and Amherst Counties.

MEETINGS ON OTHER SPECIFIC TOPICS (listed alphabetically)

Biosolids (Treated Sewage Sludge) Land-application Permit Requests
6/3/13, 5 p.m.: On the permit application by Nutri-Blend, Inc., to land-apply biosolids to about 4444 acres in Appomattox County.  At the Appomattox Community Center, 220 Community Lane in Appomattox.

Mined Land Reclamation
5/22/13, 9:30 a.m.: Abandoned Mine Land Advisory Committee.  At the Department of Mines, Minerals and Energy office, 3405 Mountain Empire Road in Big Stone Gap (Wise County).

Stormwater
5/20/13, 10 a.m.: Department of Conservation and Recreation public hearing on the general permit for construction activities.  The relevant section in the Virginia Administrative Code is 4 VAC 50-60-1100 et seq., Part XIV.  At the Roanoke County Government Offices, 5204 Bernard Drive in Roanoke.

Wastewater Permits
5/21/13, 10 a.m.:  Nutrient Credit Certification Regulatory Advisory Panel.  At the Department of Environmental Quality Central Office, 629 E. Main Street in Richmond.  The 2012 Virginia General Assembly passed the Nutrient Trading Act (HB 176 and SB 77), which requires the Soil and Water Conservation Board to adopt regulations related to certification of nutrient credits from  non-point sources, including credits generated from agricultural and urban stormwater best management practices, incineration or management of manures, land use conversion, stream or wetlands restoration, shellfish aquaculture, algal harvesting, and other methods of nutrient control or removal.  More information about Virginia’s nutrient credit trading program is available online at http://www.deq.virginia.gov/Programs/Water/PermittingCompliance/PollutionDischargeElimination/NutrientTrading.aspx.

U.S. EPA Asking Public for Hydraulic Fracturing Research Related to Drinking Water Resources; Deadline to Submit Data or Studies is Nov. 15, 2013

On April 30, 2013, the U.S. Environmental Protection Agency (EPA) announced that it had extended from April 30 to November 15, 2013, its deadline for accepting data and scientific literature from the public for the agency’s study of the potential impacts of hydraulic fracturing on drinking-water resources.  Following is the EPA’s background statement on its request for information, from the Federal Register notice of the deadline extension, online at https://www.federalregister.gov/articles/2013/04/30/2013-10154/request-for-information-to-inform-hydraulic-fracturing-research-related-to-drinking-water-resources.

“In response to public concern, the U.S. Congress urged the EPA to conduct scientific research to examine the relationship between hydraulic fracturing and drinking water resources.  The EPA currently has underway a study to understand the potential impacts, if any, of hydraulic fracturing on drinking water resources and to identify the driving factors that may affect the severity and frequency of any such impacts.

“The scope of the study includes the full hydraulic fracturing water lifecycle—from water acquisition, through the mixing of chemicals and injection of fracturing fluids, to the post fracturing stage, including the management of flowback and produced water and its ultimate treatment and disposal.  The study includes a review of the published literature, analysis of existing data, scenario evaluation and modeling, laboratory studies and case studies.  A copy of the EPA document entitled, Study of the Potential Impacts of Hydraulic Fracturing on Drinking Water Resources: PROGRESS REPORT can be found on the Internet at: http://epa.gov/hfstudy/pdfs/hf-report20121214.pdf.

“To ensure that the EPA is up-to-date on evolving hydraulic fracturing practices and technologies, the EPA is soliciting relevant data and scientific literature specific to potential impacts of hydraulic fracturing on drinking water resources.  While the EPA conducts a thorough literature search, there may be studies or other primary technical sources that are not available through the open literature.  The EPA would appreciate receiving information from the public to help inform current and future research.   Consistent with our commitment to using the highest quality information, The EPA prefers information which has been peer reviewed.  Interested persons may provide scientific analyses, studies, and other pertinent scientific information, preferably information which has undergone scientific peer review.  The EPA will consider all submissions but will give preference to all peer reviewed data and literature sources.”

Virginia Water-related Government Meetings, May 13-27, 2013

For more information, click on the meeting dates. Click here for the Commonwealth Calendar listing of all government meetings open to the public, here for the  Virginia Regulatory Town Hall listing of all government meetings of a regulatory nature, and here for Virginia General Assembly legislative committee and commission meetings.

For other, non-governmental, events, please see the Water Central News Grouper post, Quick Guide to Virginia Water-related Events. 

REGULAR MEETINGS OF STATEWIDE BOARDS AND COMMISSIONS.

5/21/13, 9 a.m.: Gas and Oil Board.  At the Russell County Office Building, 139 Highland Drive in Lebanon.

5/21/13, 10 a.m.: Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals (informal fact-finding conference on a disciplinary matter).  At the Department of Professional and Occupational Regulation, 9960 Mayland Drive in Richmond.

5/21/13, 10 a.m.: Board of Game and Inland Fisheries’ Education, Planning, and Outreach Committee.  At 4000 West Broad Street in Richmond.  On 5/21/13 at 2 p.m., at the same location, the full Board will hold a workshop to discuss legislative ideas.

5/23/13, 9 a.m.: Board of Agriculture and Consumer Services.  At the Virginia Capitol Building, Senate Room 3, 1000 Bank Street in Richmond.  Among other topics, the Board will be considering for final approval the following regulations: 2 VAC 5-321, Regulation of the Harvest of Ginseng; and an amendment to 2 VAC 5-685, Regulations Governing Pesticide Applicator Certification.

5/23/13, 10 a.m.: Offshore Wind Development Authority.  At the Virginia Housing Center, 4224 Cox Road in Glen Allen.

MEETINGS ABOUT TOTAL MAXIMUM DAILY LOADS (or TMDLs, for impaired waters).
For more information about TMDLs in Virginia, click here for the Virginia Department of Environmental Quality TMDL Web site.

5/22/13, 7 p.m., at Massies Mill Ruritan Hall, 5439 Patrick Henry Highway in Roseland, on the TMDL study of bacterial impairments in the Tye River and three tributaries (Hat Creek, Piney River, and Rucker Run) in Nelson and Amherst Counties.

MEETINGS ON OTHER SPECIFIC TOPICS (listed alphabetically)

Mined Land Reclamation
5/22/13, 9:30 a.m.: Abandoned Mine Land Advisory Committee.  At the Department of Mines, Minerals and Energy office, 3405 Mountain Empire Road in Big Stone Gap (Wise County).

Pesticides
5/17/13, 3 p.m.: Public hearing on the general permit for discharges resulting from the application of pesticides to surface waters.  At the DEQ’s Piedmont Regional Office, 4949-A Cox Road in Glen Allen.  The State Water Control Board is considering reissuance and possible amendments to the regulation governing this general discharge permit.  The Virginia Administrative Code section is 9 VAC 25-800.  The public comment period runs 4/8/13 to 6/17/13.  More information on the regulation is available online at http://townhall.virginia.gov/L/viewaction.cfm?actionid=3665&display=stages.

Scenic Rivers
5/13/13, 4 p.m.: Catoctin Creek Scenic River Advisory Committee.  At the public library, 12 North Light Street in Lovettsville (Loudoun County).

5/15/13, 1 p.m.: Joint meeting of the advisory committees for Catoctin Creek Scenic River and Goose Creek Scenic River.  At the Lovettesville Room, Loudoun County Government Center in Leesburg.

Stormwater
5/13/13, 10 a.m.: Department of Conservation and Recreation public hearing on the general permit for construction activities.  The relevant section in the Virginia Administrative Code is 4 VAC 50-60-1100 et seq., Part XIV.  At the Department of Environmental Quality Piedmont Regional Office, 4949-A Cox Road in Glen Allen.  Other public hearings on this issue will be 5/16/13, 10 a.m., at the Spotsylvania County Government Complex, 9104 Courthouse Road in Spotsylvania; and 5/20/13, 10 a.m., at the Roanoke County Government Offices, 5204 Bernard Drive in Roanoke.

5/15/13, 2 p.m.: Stormwater Local Government Advisory Committee.  At the Department of Environmental Quality Central Office, 629 East Main Street in Richmond.  The committee is advising the Department of Conservationand Recreation on the process of developing local stormwater programs statewide under the new stormwater management regulations by the July 1, 2014, implementation date.  According to the Regulatory Town Hall notice for this meeting, the committee is “advising the Department on local model ordinance development, local program development and submittal processes, development of the DCR e-Permitting System, and other aspects of statewide program roll-out.”

Wastewater Permits
5/21/13, 10 a.m.:  Nutrient Credit Certification Regulatory Advisory Panel.  At the Department of Environmental Quality Central Office, 629 E. Main Street in Richmond.  The 2012 Virginia General Assembly passed the Nutrient Trading Act (HB 176 and SB 77), which requires the Soil and Water Conservation Board to adopt regulations related to certification of nutrient credits from  non-point sources, including credits generated from agricultural and urban stormwater best management practices, incineration or management of manures, land use conversion, stream or wetlands restoration, shellfish aquaculture, algal harvesting, and other methods of nutrient control or removal.  More information about Virginia’s nutrient credit trading program is available online at http://www.deq.virginia.gov/Programs/Water/PermittingCompliance/PollutionDischargeElimination/NutrientTrading.aspx.

Report on Groundwater Governance in United States Released in May 2013 by University of Arizona

In May 2013, the University of Arizona’s Water Resources Research Center and Udall Center for Studies in Public Policy released the first report in their “Groundwater Governance in the U.S.” project.  The report, “Summary of Initial Survey Results,” presents findings from a survey of state agency officials, conducted between November 2012 and February 2013.  (Please note that the Virginia Water Resources Research Center completed the survey for Virginia.)  According to the report’s summary, among the findings in the survey were the following: “great diversity in…the scope and extent of groundwater use across the states,” ranging from 3 to 95 percent of human water needs met by groundwater, depending on the state; regional differences within states in groundwater use; the presence of formal groundwater laws and regulations in about 96 percent of states, but “a great diversity in terms of users of groundwater subject to state groundwater regulations”; “diverse tools to manage groundwater use and quantity”; variation in groundwater governance priorities among states; “significant variance in…[state law] recognizing the connection between surface [water] and groundwater…”; differences in capacity of agencies to carry out groundwater-related policies and responsibilities; and differences in public access to groundwater information.  The report is available online at https://wrrc.arizona.edu/groundwater; or contact the or contact the Arizona center at (520) 621-9591, or e-mail: wrrc@cals.arizona.edu.

Dismal Swamp Southeastern Shrew, Wild Turkeys, Foxhound Training Regulations, and More Available in April 24, 2013, Outdoor Report from Va. Dept. Game and Inland Fisheries

The latest “Outdoor Report” (4/24/13) from the Virginia Department of Game and Inland Fisheries in now available at http://www.dgif.virginia.gov/outdoor-report/2013/04/24/.

Each edition of the Outdoor Report is full of information on fishing, hunting, wildlife watching, boating, and other outdoor activities.  The sections of the 4/24/13 report are listed below (with hyperlinks to go to the individual items).  An additional regular feature (not included in the list below) is the “Be Wild! Live Wild! Grow Wild!” column and artwork on a particular wild inhabitant of Virginia–this time on the Dismal Swamp Southeastern Shrew.

Dismal Swamp Southeastern Shrew drawing by Carl “Spike” Knuth, from the Apr. 24, 2013, “Outdoor Report,” Virginia Department of Game and Inland Fisheries.

• The Turkeys are Gobblin’ and the Fishing is Heating Up!
• Lapsed Anglers… We Want You Back!
• Proposed Regulatory Amendments Pertaining to Hunting and Trapping, Foxhound Training Preserves, and Other Regulations of the Board READY for Public Comment April 2, 2013
• Ask Your Friends if They are Still Getting Their Outdoor Report
• Wild Events You Don’t Want to Miss
  • Detailed Descriptions of Outdoor Events Across Virginia
• Ed’s Virginia Outdoor Blog Report
• People and Partners in the News
  • Officer Dallas K. Neel Named Virginia Boating Law Enforcement Officer Of The Year
  • Project Healing Waters Fly Fishing 2-Fly Tournament In Madison April 27-28
  • Training for Parents of Children with Developmental Disabilities
  • Sportsmen and Conservation Organizations Hosting Annual Award and Fund Raising Events
• Partner Organizations Working Together For Wildlife
  • Lee County Strutters Chapter NWTF and Conservation Police Team-up for Youth Turkey Hunt
• Been There – Done That! Can’t Wait to Go Again…
  • Kids Catch Trout and Great Memories at Trout Heritage Weekend in Madison
• Hunting News You Can Use
  • Spring Gobbler Harvest Surpasses Previous Years
  • Stationary Waterfowl Blind Sign-Up Dates
  • “It Takes a Hunter to Make a Hunter”
• Share your Hunting Photos and Stories With Us…
• Wildlife Conservation Projects Update
  • Ruffed Grouse Society Volunteers Complete H.C. Edwards Chapter Habitat Project
  • Webpage Developed to Update Virginia Wild Turkey Management Plan
  • The Virginia Quail Team is on Facebook
  • VDOF and VDGIF Announce New Forestry Cost-Share Partnership
  • Quail Biologists Eager to Assist Landowners and Hunters
  • Elk Restoration Update
  • The Wildlife Foundation of VA Launches Quail Restoration Effort on Albemarle Property
  • Habitat at Home© DVD Available
• Be Safe… Have Fun!
  • Make Your Spring Gobbler Hunt a Safe One!
  • Becoming Bear Aware!
  • Stay Safe on the Water – Boat Smart and Sober!
• “Green Tips” for Outdoor Enthusiasts
  • Blackwater – Nottoway Clean Rivers Day Big Success
  • Arbor Day in Virginia Celebrated, April 26th
  • Critter Corner by Marlene A. Condon
  • Be a Sweetheart to Wildlife
  • Nuisance & Problem Wildlife
• Notes for Young Nature Explorers
  • Explore the Outdoors Event for Kids in Chesterfield April 28th
  • Virginia Naturally Website Link to School Environmental Learning Programs
  • Nature Observations from the Virginia Wildlife Calendar
  • 2013 Virginia Wildlife Calendar Now Available
• Virginia Conservation Police Notebook
  • Field Reports From Officers Protecting Natural Resources and People Pursuing Outdoor Recreation
• Fishin’ Report
  • Kids Fishing Day Events Calendar Posted on VDGIF Website
  • Boat Landing on the Rappahannock NOW OPEN to Powerboats
  • Hercules Landing on Nottoway River NOW Open
  • Use Caution at Carters Wharf Boat Ramp – Extreme Sanding Build-Up
  • VMI, W&L Collaborate for Fly Fishing Tournament
  • “Ready, Set, Wear-It Lake Anna” Boating Safety and World Record Attempt Photo May 18
  • “Ready, Set, Wear-it Smith Mountain Lake” at Bridgewater Marina May 18
  • The Fishing Spot by Chris Dunnavant, VDGIF Angling Education Coordinator
  • Got Pictures of Your Catch? Share Them With Us on Flickr!
  • Sarah White’s Notebook
    • Regional River and Lake Reports on Fishing Conditions
• Winning Outdoor Adventure Stories from Young Writers
  • “My Fishing Trip” by Shannon Staton

Three Early 2013 Stormwater-related Rulings in Federal Courts–including Two in the Supreme Court and One in Virginia–Summarized in 3/26/13 National Law Review Article

Stormwater regulation was the subject of three federal court rulings in early 2013, including two by the U.S. Supreme Court.  The rulings are reviewed in an article posted March 26, 2013, online by National Law Review, H. Hamilton Hackney III, an attorney with the international law firm Greenburg Traurig.  Here are brief descriptions of the decisions, according to Mr. Hackney’s review.

On March 20, the Supreme Court ruled in Decker v. Northwest Environmental Defense Center that the U.S. EPA properly interpreted its silvicultural rule under the Clean Water Act when it exempted stormwater runoff from logging roads from a requirement to have a permit under the National Pollutant Discharge Elimination System (NPDES) (the ruling is available online at http://www.supremecourt.gov/opinions/12pdf/11-338_kifl.pdf).

On January 8, the Supreme Court ruled in Los Angeles County Flood District v. Natural Resources Defense Council that flows of stormwater between parts of a single municipal separate storm sewer system (MS4) do not require an NPDES permit (the ruling is available online at http://www.supremecourt.gov/opinions/12pdf/11-460_3ea4.pdf.)

And on January 3, the federal district court in Alexandria ruled in favor of Fairfax County and the Commonwealth of Virginia in their lawsuit against the EPA over requirements on the county to reduce stormwater-carried sediment pollution in the Accotink Creek watershed.  The judge held that the EPA was exceeding its CWA authority by regulating stormwater flow as a substitute for the actual pollutant at issue (sediment).  (For more on this, please see Federal Court Rules Jan. 3, 2013, in Favor of Fairfax County and Commonwealth of Virginia in Stormwater-related Lawsuit against the U.S. EPA; EPA Declines to Appeal, posted on the Water Central News Grouper, 1/4/13.  The ruling is available online at http://www.accotink.org/Accotink_Case_Decision.pdf.)

Source: Stormwater’s Day in the Sun Re: U.S. Supreme Court Issues Decision on Clean Water Act, National Law Review, 3/26/13

Virginia Locality Wastewater “Snapshot”: Improvements at System in Fluvanna County Community Lead to Termination of Consent Order in Place since 1994

On March 21, 2013, the Aqua Virginia, Inc., company announced that in December 2012 the Virginia Department of Environmental Quality had terminated the consent order in place since 1994 for wastewater violations at the treatment system serving about 11,000 people in the Lake Monticello area of Fluvanna County.  (Aqua Virginia is part of Aqua America, Inc., which provides water-supply and wastewater services in 10 states, as of March 2013; Web site:  https://www.aquaamerica.com/.)  Aqua Virginia bought the treatment system in 2003 and has since invested about $16 million to upgrade the system’s reliability and nutrient removal and to reduce stormwater inflows.  Aqua Virginia also bought the community’s water-supply system in 2003.

Source: Aqua Virginia now in compliance with environmental regulations, Fluvanna Review, 3/27/13

EPA Total Coliform Rule Revisions Final Version Published in 2-13-13 Federal Register

On February 13, 2013, EPA published in the Federal Register the final version of revisions to the 1989 Total Coliform Rule for bacteria in drinking water. According to the EPA’s Web site on the rule (see link below), the rule sets health goals (Maximum Contaminant Level Goals) and legal limits (Maximum Contaminant Levels) for the presence of total coliform bacteria in drinking water and specifies the type and frequency of testing for these bacteria that water systems must undertake.  All public water systems and primacy agencies must comply with the revised requirements by April 2016.  For more information, visit http://water.epa.gov/lawsregs/rulesregs/sdwa/tcr/regulation_revisions.cfm.

This information was provided on March 29, 2013, by the Virginia Water Monitoring Council (VWMC).  When forwarding this information, please acknowledge the VWMC.  For more information about the VWMC, please visit http://vwrrc.vt.edu/vwmc/default.asp. 

Federal Water-pollution Charges Announced 3-25-13 Against Omega Protein’s Mendaden Fishing Fleet in Reedville, Va.

On March 25, 2013, the U.S. Attorney’s Office in Norfolk released federal criminal charges against Omega Protein, Inc. (http://www.omegaprotein.com/), alleging unpermitted discharges of water pollutants from fishing boats between 2008 and 2010.  Headquartered in Houston, Tex., Omega runs a Menhaden-fishing and -processing operation in Reedville, Va. (on the Northern Neck in Northumberland County).  According to the Virginian-Pilot, the information released on March 25 did not identify the alleged pollutants or locations.

Source:  Omega Protein charged with releasing pollutants, Virginian-Pilot, 3/26/13

Proposed Natural Gas Power Plant in Loudoun County is Subject of Public Hearing April 3, 2013, by Va. Air Pollution Control Board

The draft permit for a proposal to build a 750 megawatt-capacity, natural-gas-fired electrical-generating plant south of Leesburg (Loudoun County) will be the subject of an April 3, 2013, Air Pollution Control Board/Department of Environmental Quality public hearing and information session (6 p.m., at the Stone Bridge High School cafeteria, 43100 Hay Road in Ashburn).  Green Energy Partners/Stonewall, LLC, proposes to build and operate the Stonewall Combined-Cycle Project, first announced in 2009 and estimated to cost $600 million.  According to the company’s Web site (http://www.loudounpower.com/project/, as of 3/22/13), the project would have two natural-gas turbines; include a photovoltaic solar-energy array; and use up to 5 million gallons per day of Leesburg’s treated wastewater for cooling.  The public comment on the draft permit runs 2/27/13 to 4/19/13.

Sources: Developers seek fast track for Loudoun energy plant, Washington Business Journal, 9/28/12; ‘Green Energy’ Plant Proposed In Loudoun, Leesburg Today, 2/27/09; and Virginia Regulatory Town Hall information on the April 3 meeting, online at http://townhall.virginia.gov/L/Viewmeeting.cfm?meetingid=19627.