The Virginia Department of Environmental Quality (DEQ) is poised to unleash in 2022 a flood of new stormwater-related regulatory actions and related procedural and technical guidance for development projects and construction activity in Virginia. First out of the sluice was initial guidance from DEQ in March and April addressing solar farm project stormwater management planning, as described in our March and April 2022 alerts found here and here. The volume is now growing due to several key but much broader initiatives launched by DEQ. Based on the variety and scope of these efforts, the landscape of Virginia’s construction stormwater discharge permit program will be transformed over the next six to nine months. In many respects, these changes are likely to be welcomed by all stakeholders, though the ultimate impacts may not be clear until the initial swell of agency action recedes.
This Part I of a three-part article addresses DEQ’s proposed new Guidance Memo No. 22-2011, dated July 1, 2022 (Proposed Procedures Memo), setting forth new procedural guidance for DEQ’s review of erosion and sediment control plans (ESC Plans) and construction stormwater management plans (SWM Plans). Part II will address DEQ’s proposed Guidance Memo 22-2012, “Stormwater Management and Erosion & Sediment Control Design Guide,” which is being proposed in tandem with the Proposed Procedures Memo. Part III will discuss other pending and planned regulations and guidance addressing other stormwater-related program elements.
As to the Proposed Procedures Memo, its main objectives are to streamline and standardize DEQ’s review of ESC Plans and SWM Plans (either, individually, a “Plan”). In practice, the new procedures should help to ensure that Plan submissions are administratively complete with all required elements and to allow DEQ limited staff resources to focus on reviewing more technically complicated ESC and SWM Plans. Notice of a 30-day public comment period for the Proposed Procedures Memo was provided in the August 1, 2022 Virginia Register and on the Virginia Regulatory Town Hall. Comments are due by August 31, 2022, with a proposed effective date of September 1, 2022 (assuming no adverse comments).
