Given the proposed changes in the proposed guidance memo, there are several practices currently on Virginia’s Stormwater BMP Clearinghouse that meet the 80% TSS removal, have been assigned a TP removal and have been verified by NJCAT, but cannot be certified by NJDEP as they are considered a constructed practice under NJDEP’s program.  What this means is that these formerly approved devices (which are widely used and very cost effective for the industry) will no longer be able to be used at the current TP removal simply because they can’t be certified by NJDEP.  While DEQ allows TP removal percentages via the use of constructed practices (i.e. Nonproprietary BMP’s), the percentage of removal varies greatly from what is currently approved and the constructed practice.  Therefore, DEQ should consider reconciling the disparity between these currently approved MTD’s and the TP removal assigned in the equivalent constructed practice.  This change causes some components to no longer be viable in the competitive market and has significant unintended consequences. 

In addition, it is suggested that the Nonproprietary and Proprietary BMP definitions in the guidance document be revised to be consistent with the definitions provided by NJDEP and TAPE since those entities are the standard for approval. 

Lastly, the Nonproprietary and Proprietary BMP definitions in the guidance are somewhat broad and should be revised to define what specific practices are being considered in this guidance (i.e. hydrodynamic devices and filtering practices).  The use of the phrase “protected by trademark or patent or copyright” could potentially preclude certain materials from being used in a nonproprietary practice because the material has a trademark or copyright when that wasn’t the intent of the guidance document.  There are various nonproprietary practices that utilize materials that have a trademark, patent or copyright. 

Thank you,

Ranee Buck