Title of Regulation: 9VAC25-31. Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation (amending 9VAC25-31-940).

Statutory Authority: § 62.1-44.15 of the Code of Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, 124, 403, and 503.

Effective Date: October 27, 2021.

Agency Contact: William Norris, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4022, FAX (804) 698-4178, or email william.norris@deq.virginia.gov.

Summary:

Pursuant to Chapters 387 and 532 of the 2021 Acts of Assembly, Special Session I, the amendments change the name of the Department of Mines, Minerals and Energy to the Department of Energy and update a citation to the Code of Virginia.

9VAC25-31-940. Authority of the Department of Mines, Minerals and Energy for coal surface mining operations.

A. For the purpose of Part X of this chapter, NPDES and VPDES permits are synonymous.

A. B. The Director of the Department of Mines, Minerals and Energy (DMME) has the authority to issue, revoke and reissue, modify, or terminate NPDES permits for the discharge of industrial wastes or other wastes other than sewage from coal surface mining operations as defined in § 45.1-229 § 45.2-1000 of the Code of Virginia. Any NPDES permit issued, modified, or revoked and reissued by the Director of DMME the Department of Energy that meets the conditions set forth in this chapter shall be as valid and enforceable as if issued by the board.

B. C. Prior to issuing permits, the Director of DMME the Department of Energy shall adhere to the following requirements:

1. That every permit issued, revoked and reissued, or modified shall conform to the requirements of this chapter, the CWA, and all pertinent regulations adopted by the board under law and those adopted under the CWA;

2. That the Director of DMME the Department of Energy shall transmit to the department a copy of each application for a NPDES permit received by it, a copy of every draft NPDES permit prepared by it, and written notice of every action taken or contemplated to be taken by the Director of DMME the Department of Energy with respect to such a permit; and

3. That no NPDES permit shall be issued, revoked and reissued, or modified if, within 30 days of the date of the transmittal to the department of the complete application and the draft NPDES permit to it, the board objects in writing to the issuance, revocation and reissuance, or modification of such permit. Where required, the board shall stipulate more stringent permit conditions as necessary to maintain applicable water quality standards and provisions of the law. Each such stipulation shall be accompanied by a justifying documentation to the Director of DMME the Department of Energy. Such stipulations shall be binding upon the Director of DMME the Department of Energy. However, nothing herein shall affect or impair any rights that the applicant may have to a public hearing before the board pursuant to the law or to judicial review of such decision pursuant to the law.

C. D. The Director of DMME the Department of Energy shall enforce NPDES permits issued to coal surface mining operations for the discharge of industrial wastes and other wastes; provided, however, that the board reserves the right to assert its enforcement authority as provided in § 45.1-254 F § 45.2-1029 F of the Code of Virginia and provided further that the board reserves the right to take emergency enforcement action where the Director of DMME the Department of Energy has not taken or cannot take effective emergency enforcement action.