The State Law passed by VA states that documentation from another state, regional, or national certification program has verified and certified its nutrient and sediment removal effectiveness.  DEQ, however, is only allowing approval of MTDs by New Jersey and Washington drastically limiting the ability for BMPs to be used in VA.  NJCAT is a nationally recognized program that many States rely on to approve BMPs such as DE, ME and MA.  

Obviously some manufacturers are pushing to limit competition by encouraging DEQ to severely limit how they approve BMPs using only two States for approval.  However, DEQ should look closely at the results and testing provided for all BMPs even from NJ or WA rather blindly taking another State's approval for nutrient and sediment removal.  Under NJDEP, BMP technologies may be verified by NJCAT and follow all testing protocols required by NJDEP but excluded from being approved by NJDEP under a technicality as to how NJDEP views the technology.  This has an adverse affect on having technologies that developers and engineers have relied on since 2014.   

By limiting technologies, the citizens of VA will ultimately pay higher prices for housing, development and maintenance costs. 

We hope that VA DEQ strongly consider expanding the ability of Verified Technologies by NJCAT or approved by other States to be considered and approved by Virginia. 

Thank You.

James M. Clark, P.E.