As a Virginia citizen, I support this proposed regulation to reinsure regulations for the disposal of poultry waste in state water systems. The disposal of the poultry waste is a state program so it is the state that needs to reiterate the regulations and keep the state waters clean. I hope that by supporting this regulation, the poultry operations will soon be covered under the general permit. By having no disadvantages and with minimum agency resources, this proposed regulation should be approved again and reissued without any lapse in time.

i think this is very good that you brought this discussion up. I only wish that I could be a writer to tell you more precicely what I think. It's really good.

As a Virginia citizen, I also support this proposed regulation to reinsure regulations for the disposal of poultry waste in state water systems.  It's important we keep the state waters clean.

Doug Ahearn
Contractor
Pest Control MA
Virginia

I submit these comments on behalf of the James River Association (JRA).  JRA is a 501(c)(3) non-profit corporation and has worked for over 30 years to protect and restore the James River, its tributaries, and the lands within the James River watershed.  JRA pursues its goals through the Upper James Riverkeeper program, the Lower James Riverkeeper program, and other educational and technical programs. 

The JRA staff uses Virginia water bodies for scientific study, educational programs, and recreational purposes that are vital to our mission.  JRA owns land and holds a lease to other property adjacent to the James River giving it valuable economic interests in protecting water quality.  JRA’s members enjoy a wide range of recreational activities, including fishing, swimming, and boating, throughout the James River Basin and in other Virginia water bodies.  Also, our members have important economic, professional, and aesthetic interests in the health of Virginia water bodies.  Thus, JRA and our members have direct, substantial, past, and ongoing interests that will be affected by this regulatory action.

The proposed permit action embodies important protections for Virginia’s waters and people.  We have supported the implementation of the VPA permit to control poultry waste management and the amendments adopted in 2009, which extended coverage of the regulation to wastes transported away from the farm of origin and land-applied to

other properties.  We appreciate the Department of Environmental Quality (DEQ) staff’s continued efforts to improve the regulation of poultry wastes and their cooperation with us and other interested parties.

Having completed what we believe to have been a productive and successful stakeholder process during the effort that ended with the 2009 amendment, we and other interested parties were able to agree on some significant issues during the proceedings of the Technical Advisory Committee, while agreeing to disagree on others.  We valued that collaborative process and the chance to learn from those with different perspectives on the issues under review and decided not to challenge provisions we would have preferred to see strengthened.       

We believe that the proposed regulations and General Permit make important improvements to the management and land application of poultry waste and protecting Virginia’s waters from nutrient pollution.  However  a  recent review and analysis of water quality and fish tissue data and pollution information has raised new concerns regarding the risks that other constituents contained in poultry waste may pose a threat to the environment and human health and cause or contribute to violations of State and Federal Law. 

We are anxious to share these data and analyses with DEQ and to have all parties fully review this information before this permitting process is completed.  As always, DEQ seeks to fulfill its obligation to address known and possible pollutants that may cause or contribute to water quality and human health risks or impairments, in the permit Fact Sheet or other documents presented as part of the official record.  Given the fact that a number of pollutants, other than the nutrients regulated in this permit, are present in poultry waste, including arsenic which is a known carcinogen, we believe that DEQ must incorporate available data and perform analyses to justify this permit's adequacy to regulate these substances.  We believe that DEQ must incorporate such information in the permit record and make it available for public review and comment.

Consequently, at this time, we reserve the right to raise additional concerns where and when these constituents cause or contribute to the violation of mandates under State and Federal law.  We also reserve the right to call for additional measures in the proposed regulations and General Permit before the State Water Control Board in order to ensure “reasonable assurance” that point source discharges will not occur, that water quality standards will be upheld, and that State waters, both surface and ground water, will be protected.

Thank you for your consideration of these comments and we look forward to working with you to protect the James River and other waters of Virginia.

Sincerely,

David W. Sligh
Upper James Riverkeeper