ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: FRIDAY, September 1, 1995                   TAG: 9509010074
SECTION: VIRGINIA                    PAGE: B-4   EDITION: METRO 
SOURCE: CATHRYN McCUE STAFF WRITER
DATELINE:                                 LENGTH: Medium


DEQ PERMIT PLAN DRAWS CRITICISM

Virginia wants to change the rules for how water pollution permits are issued, and environmentalists don't like it.

At a public hearing Thursday night, several called a proposal by the Department of Environmental Quality an attempt to weaken pollution standards and stifle public involvement.

The agency plans to drop two complex regulations that govern industrial and sewage plant discharges - including monitoring requirements for toxic chemicals - and replace them with two other regulations.

The purpose is to accommodate recent changes in federal and state laws, said Martin Ferguson of the department's Richmond office. Repealing the rules simply will avoid confusion and duplication as the new laws go into effect, according to the agency.

"Having read all 328 pages, I know that's not the case," said Deanna Sampson, program manager for the Virginia Conservation Network and former DEQ policy analyst. The nonprofit organization in Richmond represents 112 groups.

According to Sampson, the proposed regulations would:

Drop the requirement that industries and localities test for toxic pollutants at the point of discharge. The proposed rule says the discharger "may" have to check for toxins, she said.

Give the discharger the discretion for reporting spills.

Give the DEQ director unprecedented discretion over permits, rather than the citizen members of the state Water Control Board, which now issues permits.

Allow the agency to make certain decisions based on "guidance documents" rather than written regulations. Guidance documents are internal, not open to public involvement and subject to political influence, Sampson charged.

She also suggested the agency extend the public comment on permits from 30 days to at least 45 days. "Citizens aren't in the loop, like industry," Sampson said. "By the time someone hears about the regulation, gets a copy of it and goes through it, 30 days are gone."

Six others spoke against the changes, including representatives of the Izaak Walton League, Virginia Water Project and Southern Environmental Law Center.

Tom Clark, representing the 35 local-government members of the Virginia Association of Municipal Wastewater Associates, liked some changes but not all.

He also discouraged the agency from adopting the federal rules verbatim, because the federal language often is confusing, and urged the department to hold another public hearing because of the complexity of the issues.

The public comment period ends Sept. 25.



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