GOVERNOR
EXECUTIVE ORDER NUMBER SIX (2018)
Executive Order Supporting the
Critical Role of the Virginia Department of Environmental Quality in Protection
of Virginia's Air, Water, and Public Health
Importance of the Initiative
The Commonwealth of Virginia has made significant progress in
controlling and reducing air and water pollution, though challenges remain. As
Governor, it is my constitutional responsibility to ensure "clean air,
pure water, and the use and enjoyment for recreation of adequate public lands,
waters and other natural resources." Virginia's Constitution further sets
forth the policy to "protect [our] atmosphere, lands and waters from
pollution, impairment or destruction for the benefit, enjoyment and general
welfare of the people of the Commonwealth."
Public health, recreational opportunities, safe drinking water,
economic vitality, and our quality of life are linked directly to a healthy
environment. It is critical that the Commonwealth's natural resource agencies
have the tools necessary to protect and improve our environmental quality.
Despite progress to reduce pollution, many Virginians,
particularly those in urban and rural low income or minority communities, do
not enjoy clean air and water for outdoor recreation and daily activities.
Assessments of our waterways document improvements in the quality of some
rivers and estuaries, but these assessments also show thousands of miles of
streams that remain polluted. Additionally, many Virginians suffer from asthma
attacks and other respiratory ailments that are directly attributable to poor
air quality. Science also shows that carbon pollution and climate change are
exacerbating these problems.
The Department of Environmental Quality (DEQ) is the
Commonwealth's lead agency charged with ensuring clean air and clean water.
Over the past 25 years, DEQ has done extraordinary work to protect and enhance
Virginia's environment, and promote the health and wellbeing of the citizens of
the Commonwealth.
Yet there is more work to do, and DEQ needs both the tools and
the resources to safeguard our air and water for the improvement of our quality
of life and that of future generations. Robust monitoring and verification
coupled with strong, consistent and uniform enforcement of our air, water, and
waste statutes empower Virginia's good corporate stewards, providing regulatory
certainty for businesses and healthy places for employees to live, work, and
play. This also eliminates any perverse incentive to ignore environmental
requirements for short-term economic gain.
Executive Action
Accordingly, by virtue of the authority vested in me as the
Chief Executive by Article V of the Constitution of Virginia and under the laws
of the Commonwealth, I hereby order the Director of DEQ, in consultation with
the Secretary of Natural Resources, to take the following actions:
A. Review DEQ's permitting, monitoring, and enforcement
activities across the air, water, and solid waste programs. This shall include:
a. Ensuring that DEQ's permitting programs are as protective of
public health and the environment as authorized under state and/or federal law,
and identifying within 90 days critical updates to regulations or guidance
necessary to meet the objectives of this order;
b. Assessing the enforceability of permitting activity and
determining if changes are needed in the methods DEQ uses in crafting such
permits;
c. Reviewing the DEQ matrix that guides establishment of
penalties to ensure that it effectively, consistently, and uniformly addresses
violations that result in threats to public safety, public health, and the
environment, as well as recurrent offenses;
d. Developing a protocol for engagement with the Attorney
General's Office on enforcement efforts;
e. Identifying any gaps in monitoring, especially in areas
where there is credible evidence to support an indication of impairment to
public health or the environment;
f. Identifying the extent and causes of delays or backlogs in
permitting programs;
g. Assessing any gaps in DEQ resources or authorities necessary
to address challenges identified under this review; and
h. Reporting to the Secretary of Natural Resources within 180
days on the reviews required under this section.
B. Evaluate every proposed federal regulatory or guidance
modification released after January 20, 2017, regarding air, water, and solid
waste to determine the impact on public health, drinking water supplies, and
land and water protection. This ongoing review shall include:
a. Determining whether implementation of any proposed federal
changes would lead to reduced effectiveness or efficiency in state programs to
protect public health and the environment, which should be avoided;
b. Ensuring that any potential rollback in federal protections
does not alter DEQ's existing authority to protect public health, drinking
water supplies, and the environment;
c. Assessing any gaps in DEQ resources or authorities necessary
to address challenges identified under this review; and
d. Reporting initially to the Secretary of Natural Resources
within 180 days on the reviews required under this section and every 90 days
thereafter.
C. Work with stakeholders to improve communication with the
public and the regulated community and provide more opportunities for proactive
education, especially among underserved and lower income populations. This
shall include:
a. Reviewing processes to identify ways to enhance public
participation and community engagement, including ways to promote transparency
and simplify regulatory hearings;
b. Engaging the regulated community, local governments, and
other interested stakeholders in the development of new protocols;
c. Establishing an ombudsman dedicated to addressing public
questions and concerns;
d. Assessing any gaps in DEQ resources or authorities necessary
to address challenges identified under this review; and
e. Reporting to the Secretary of Natural Resources within 180
days on the reviews required under this section.
The Director of DEQ shall report monthly to the Secretary of
Natural Resources on the progress of these reviews and shall complete his
reviews as specified in this order. The Secretary of Natural Resources shall
provide a report on recommended actions to the Governor by April 30, 2019. In
addition, the Director of DEQ's review of proposed federal regulatory or
guidance modifications shall be ongoing throughout my term as Governor.
Effective Date of the Executive Order
This Executive Order shall be effective upon its signing and
shall remain in full force and effect unless amended or rescinded by further
executive order.
Given under my hand and under the Seal of the Commonwealth of
Virginia this Tuesday, April 3, 2018.
/s/ Ralph S. Northam
Governor