1. David K. Paylor Director, Department of Environmental Quality May 27, 2014 VEDP Lunch & Learn Environmental Permitting 101

2. 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 pollutant NSR (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, NO X, SO 2, 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 2

3. PSD Permits Permit Fee $30,970 Time Frame – 18to24 months Application 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 - required EPA 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. 3

4. AIR Permits - continued State Major Permit (NSR) Permit Fee $15,485 Time Frame – 180 days after complete application Application Process – requires demonstration that the design incorporates BACT and modeling may be required on a case by case basis Public Participation – required Minor New Source Review (NSR) Permit Fee $1,548 Time Frame – 90 days after complete application Title V – apply within 1 yr. of beginning operations (fee $20,647) 4

5. 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 withdrawals Groundwater Withdrawal Permits – are needed for qualifying withdrawals of groundwater in the designated groundwater protection area (generally east of interstate 95) 5

6. VPDES Permits Permit Fee – depending on volume of discharge $3,300 to $24,000 Time Frame – 180 days after complete application Required Treatment – dependent on receiving stream size and classification Nutrient Removal – requirements if discharging in the Chesapeake Bay Watershed Public Participation - required 6

7. 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 program Biological 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 TP State 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 TP BNR and SOA annual limitations may be suspended for facilities operating in good standing under the Virginia Environmental Excellence Program at the E3 or E4 level 7

8. 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 facilities  Acquisition of nonpoint source credits subject to a 2:1 trading ratio  Payments 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 basis  Wasteload 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 8

9. 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 day Application 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 alternative Permit Fee - $10,000 to $25,000 Time Frame - approximately 12 months Public Participation - required 9

10. VWP - Wetland Permits Individual Permits - generally cover impacts > 2 acres of surface waters, 1500 lf of streambed, including tidal waters Notification of riparian landowners (0.5 miles downstream of impacts) and County Officials Permit Fee $2400 plus $220 per 1/10 ac up to $60,000 Time Frame - 120 days from complete application Public Participation - required Must compensate for wetland impacts to achieve “no net loss” of wetland acreage and function; stream impacts also to be compensated Separate Army Corps of Engineers (ACOE) permit may be required as well as confirmation of delineation 10

11. 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 streams Permit Fee $1200 - $2400 VWP 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 application 11

12. 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 permit Permit Fee $6,000 Public Participation - required Time Frame – approximately 18 months Application 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 evaluation 12

13. 13 Questions?