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Va. DEQ begins review of permitting, enforcement activities

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Va. DEQ begins review of permitting, enforcement activities

The Virginia Department of Environmental Quality said May 17 that it has officially launched the review of its permitting, monitoring and enforcement activities in response to an executive order from the state's governor.

Virginia Gov. Ralph Northam on April 3 issued an executive order directing DEQ Director David Paylor, in consultation with the secretary of natural resources, to review the agency's "permitting, monitoring, and enforcement activities across the air, water, and solid waste programs." The directive was issued shortly after the Virginia General Assembly, and the governor extended a moratorium on permitting for coal ash pond closures.

"One of the key components directs the agency to ensure that any proposed federal actions do not affect DEQ's existing authority to protect public health, drinking water supplies and the environment," the agency said in a news release. "The review will also generate recommendations for increased tools and resources to continue this vital work."

Specifically, Northam directed the DEQ to review every proposed federal regulation or modification released after Jan. 20, 2017, related to air, water and solid waste to determine its impact on public health, drinking water, and land and water protection.

The DEQ also must work with stakeholders to "improve communication with the public and the regulated community."

It will provide a full report to the governor by April 30, 2019. There will also be interim reporting milestones.

The moratorium on permitting for coal ash pond closures was enacted in April 2017 after then Gov. Terry McAuliffe acknowledged the "tremendous public concern" in the permitting process.

The new law extending the moratorium requires the director of the DEQ to "suspend, delay, or defer" issuing any permit tied to the close of coal ash ponds until July 1, 2019. This would not impact the ability to issue a permit for closing impoundments where the coal ash has already been removed, is currently being removed or is being processed for recycling or any beneficial use project.

Specifically, this impacts Dominion Energy Virginia's closure plans for coal ash impoundments at its Possum Point, Bremo Bluff, Chesterfield and Chesapeake power stations.

Dominion Energy Virginia, known legally as Virginia Electric and Power Co., is a subsidiary of Dominion Energy Inc.