David K. Paylor - PowerPoint Presentation

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David K. PaylorDirector, Department of Environmental QualityMay 27, 2014

VEDP Lunch & Learn

Environmental Permitting 101Slide2

AIR Permits - must be issued

prior

to start of construction (except Title V)

PSD (Prevention of Significant Deterioration) – facility will emit 250 tons per year of any regulated pollutant or combination of regulated pollutants; or are one of 28 specific industries and will emit 100 tons per year of a regulated pollutantNSR (State Major) - for Title V major facilities that are not PSD and emit more than 100 tons per year, but less than 250 tons per year, of any criteria pollutant (PM, PM-10, PM 2.5, CO, NOX, SO2, and VOC) and are not listed in the 28 categories under “major stationary source”Minor NSR – facility’s uncontrolled emissions of equipment and process units are greater than exemption levels but less than 100 tons per year of any criteria pollutant or more than 10 tons per year of one toxic pollutant or 25 tons per year of a combination of toxics pollutants

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PSD Permits

Permit Fee

$30,970

Time Frame – 18to24 monthsApplication Process – requires demonstration that the design incorporates the "best available control technology" or BACT, evidence that local zoning requirements are satisfied, extensive predictive modeling of emissions from both proposed and existing sources must be provided by the applicant using pre-approved procedures Public Participation - requiredEPA and Federal Land Manager’s (FLM’s) – EPA reviews permit before DEQ issuance. FLM’s can review based on distance from National Park and emission rates of certain pollutants.3Slide4

AIR Permits - continued

State Major Permit (NSR)

Permit Fee

$15,485Time Frame – 180 days after complete applicationApplication Process – requires demonstration that the design incorporates BACT and modeling may be required on a case by case basisPublic Participation – requiredMinor New Source Review (NSR)Permit Fee $1,548Time Frame – 90 days after complete applicationTitle V – apply within 1 yr. of beginning operations (fee $20,647)4Slide5

Water Permits – must be issued prior to initiating

discharge or withdrawal activities

Virginia Pollutant Discharge Elimination System (VPDES)

– point source discharges to state waters Virginia Water Protection Permits (VWP) – are needed for wetland impacts and surface water withdrawalsGroundwater Withdrawal Permits – are needed for qualifying withdrawals of groundwater in the designated groundwater protection area (generally east of interstate 95)5Slide6

VPDES Permits

Permit Fee

– depending on volume of discharge $3,300 to $24,000

Time Frame – 180 days after complete applicationRequired Treatment – dependent on receiving stream size and classificationNutrient Removal – requirements if discharging in the Chesapeake Bay WatershedPublic Participation - required6Slide7

Nutrients – Chesapeake Bay

New or expanded industrial discharges of greater than

2,300 lbs/yr of total nitrogen

or 300 lbs/yr of total phosphorus are required to register under the watershed general permit and offset any new nutrient loads through a trading programBiological Nutrient Removal (BNR) Technology – Required of all new discharges with a potential nutrient load of 2,300 lbs/yr TN and 300 lbs/yr TP.  Includes annual average limitations of 8.0 mg/l TN and 1.0 mg/l TPState of the Art (SOA) Nutrient Removal Technology – Required of all new discharges with a potential nutrient load of 28,500 lbs/yr TN and 3,800 lbs/yr TP west of the fall line or 5,700 lbs/yr TN and760 lbs/yr TP east of the fall line.  Includes annual average limitations of 3.0 mg/l TN and 0.30 mg/l TPBNR and SOA annual limitations may be suspended for facilities operating in good standing under the Virginia Environmental Excellence Program at the E3 or E4 level7Slide8

Nutrients – Wasteload Allocations

Prior to registering under the general permit, the applicant must provide

sufficient nutrient

wasteload allocations to offset the facility’s expected nutrient loads during the first five years of operation.  Wasteload allocations may be acquired from one or a combination of the following:Wasteload allocations or point source compliance credits from one or more permitted facilitiesAcquisition of nonpoint source credits subject to a 2:1 trading ratioPayments made into the Water Quality Improvement Fund (WQIF) provided the WQIF has allocations available (none currently available)Other means as may be approved by the Department on a case-by-case basisWasteload allocations or compliance credits may be obtained from individual dischargers in the same watershed.  Compliance credits may also be obtained from the Virginia Nutrient Credit Exchange Association

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VWP – Surface Water Withdrawals

Permit required

- if

total withdrawal from non-tidal waters (consumptive plus non-consumptive use) equals or exceeds 10,000 gallons per day. Withdrawals from tidal waters require a permit if equal to or greater than 2.0 million gallons per dayApplication Process - requires a review and evaluation of practicable alternatives, including design alternatives, and a demonstration that the proposed alternative is the least environmentally damaging practicable alternativePermit Fee - $10,000 to $25,000Time Frame - approximately 12 monthsPublic Participation - required9Slide10

VWP - Wetland Permits

Individual Permits

- generally cover impacts

> 2 acres of surface waters, 1500 lf of streambed, including tidal watersNotification of riparian landowners (0.5 miles downstream of impacts) and County OfficialsPermit Fee $2400 plus $220 per 1/10 ac up to $60,000Time Frame - 120 days from complete applicationPublic Participation - requiredMust compensate for wetland impacts to achieve “no net loss” of wetland acreage and function; stream impacts also to be compensatedSeparate Army Corps of Engineers (ACOE) permit may be required as well as confirmation of delineation

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VWP – General Permits

Virginia’s

SPGP

allows the State to be the sole permitting authority for impacts of up to 1 acre of non-tidal wetlands and 2000 linear feet of streamsPermit Fee $1200 - $2400VWP General Permits - cover impacts up to 2 acres of non-tidal surface waters, 1500 l.f. of stream bed for certain project types (utilities, linear transportation and mining)Time Frame - 45 days from complete application11Slide12

Groundwater Withdrawal Permits

Eastern Virginia Groundwater Management Area comprises an area east of Interstate 95 including Accomack and Northampton counties.

Withdraws greater than

300,000 gallons per month in designated groundwater management areas must obtain a groundwater withdrawal permitPermit Fee $6,000Public Participation - requiredTime Frame – approximately 18 monthsApplication Process – may include pre-application meeting, technical evaluations such as aquifer tests when needed, a Mitigation Plan, Water Conservation Plan will be required, and alternative water supply source evaluation12Slide13

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Questions?