On behalf of the Virginia Manufacturers Association (VMA), we offer the following comments on DCR's proposed impounding structure regulations, 4 VAC 50-20-20 et seq.  VMA has not been directly involved in this rulemaking proceeding, has not been invited to participate in the development process, and has received no information to suggest that captive industrial waste impoundments will be subject to the proposed regulations.  However, the definition of "impounding structure" could be interpreted to encompass such impoundments ("used to retain or store waters or other materials").  We do not believe that such an interpretation would be appropriate, and we ask that DCR clarify in the final regulations that captive industrial waste impoundments are not covered.  Alternatively, if DCR intends for them to be covered, we respectfully request an opportunity to meet with DCR to better understand DCR's applicability determination and discuss how DCR's regulations will conform with those administered by DEQ for waste impoundments.  Based on the different ages, uses and design features of captive industrial waste impoundments across the Commonwealth, we do not believe that a one-size-fits-all regulatory program would be appropriate; instead, technical requirements would need to be determined on a case-by-case basis.  
 
We appreciate the opportunity to offer these comments and we look forward to receiving your response.  Please feel free to contact me at 804-787-8086 or bsmith@hunton.com with questions or for more information.  
 
Sincerely,
Brooks Smith
Counsel to the VMA Water Subcommittee