I am writing in support of the proposed regulation for the general permit and requirements for a stormwater pollution prevention plan for the discharge of stormwater from industrial activities.  Thank you.

First, Sims Metal Management (SMM) would like to complement you and the Virginia Department of Environmental Quality (VADEQ) staff on an excellent amendment to the existing industrial stormwater permit regulations.  In particular, I would like to commend your efforts to simplify the permit, based upon data collected during prior permit cycles. 

SMM generally supports the proposal;  however, we have the following comments/suggestions.

PROPOSED LANGUAGE:  9VAC25-151-50.C.4.a.  Authorized nonstormwater discharges.  The following “nonstormwater” discharges are authorized by this permit:  a.  Discharges from emergency firefighting activities.

SMM COMMENT #1:  The proposal includes the addition of “emergency”.  SMM’s disagrees with the prohibition of non-emergency firefighting water discharges.  Effective emergency firefighting requires practice activities.  Therefore, by prohibiting non-emergency firefighting water discharges, we substantially restrict the readiness of our firefighting force.  SMM offers its facilities to the local fire department for firefighting practice.  The proposed change would prohibit SMM from providing this public service.  SMM’s opinion is that this broad prohibition for non-emergency firefighting discharges creates an immediate danger to human life and safety.    SMM recommends either:

• Not making the change, or

• Explicitly stating that discharges from non-emergency firefighting activities are authorized, provided the discharge is managed in a manner that avoids an adverse instream impact.This qualifying statement is similar to that used to authorize fire hydrant flushing.

SMM COMMENT #2:  SMM recommends the addition of the following definition in 9VAC25-151-10 Definitions.

• "Pollution control equipment and facilities" shall mean any stormwater control used to prevent or abate stormwater pollution at the facility in accordance with the designated facility’s storm water pollution prevention plan (SWPPP), which controls may include real or personal property, equipment, facilities, or devices, used primarily for the purpose of abating or preventing pollution of waters of the Commonwealth, which may be evidenced by the control’s description or depiction in (a) the facility’s SWPPP as a best management practice (BMP) or (b) site map as a means for controlling the direction of or channeling storm water toward a storm water treatment system (e.g. sedimentation pond or oil-water separator) or diverting stormwater from a potential pollution source, in each case by such means as curbs, berms, or concrete or asphalt surfacing graded to direct storm water toward such treatment system, whereby such controls also include piping, drain inlets and/or treatment systems intended for such stormwater control.

The rationale for this request pertains to VA Code § 58.1-609.3 which exempts “certified pollution control equipment and facilities” from state and local sales taxes in the Commonwealth.  The technical[1] portion of the definition relevant to this permit is “any property, including real or personal property, equipment, facilities, or devices, used primarily for the purpose of abating or preventing pollution of…waters of the Commonwealth…”.  The definition is clearly broad and would include any items purchased to implement any stormwater best management practices (BMPs) that would be implemented as part of this permit.  By including this definition in the permit, we make the applicability of this provision more transparent, which will provide the regulated community with more funds for stormwater pollution prevention projects and encourage companies to invest in structural and non-structural BMPs to prevent stormwater pollution in the Commonwealth.

I appreciate the opportunity to provide these comments.  If you have any questions or comments, please feel free to contact me.

[1] The sales tax exemption is for “certified pollution control equipment and facilities, meaning that the state certifying authority having jurisdiction with respect to such property must certify to the Department of Taxation that the pollution control equipment and facilities have been constructed, reconstructed, erected or acquired in conformity with the state program or requirements for abatement or control of water pollution or contamination”.  The proposed inclusion of the definition in the permit regulation would have no impact on this certification requirement.