VEEP & Performance Track Benefits: Regulatory Incentives

Depending on a facility’s level of participation (E2, E3, E4 or EPA’s Performance Track), certain regulatory incentives may become available.

E2, E3 & E4/Performance Track Facilities:

Annual Permit Fee Discounts for Water and Waste Permittees
In 2004, DEQ was directed by the Virginia General Assembly to revise its water and waste permit fee structures to fund the agency's permitting activities. The new permit fee regulations, which include discounts on annual permit fees for facilities participating in VEEP, were adopted by the State Water Control Board and the Waste Management Board in June and are in effect as of September 8, 2004. The discounts became effective in 2005 and are dependent on the facility's acceptance and continued participation in the program. The specific discounts for VEEP participants included in the regulations are as follows:

• Solid Waste Management: Participating E2 facilities will receive potentially up to a 10% discount on annual fees; E3 facilities will receive potentially up to a 20% discount. The total of all discounts cannot exceed $140,000 annually for all solid waste facilities.
  
• Hazardous Waste Management: Participating E2 facilities will receive potentially up to a 5% discount; E3 facilities will receive potentially up to a 10% discount. The total of all discounts will not exceed a total of $26,000 annually.
  
• Water: Participating E2 facilities will receive potentially up to a 2% discount; E3 facilities will receive potentially up to a 5% discount. The total of all discounts will not exceed a total of $64,000 annually.

Please read the following for more complete information:

• Hazardous waste
• Solid waste
• Water

E3 & E4/Performance Track Facilities:

Alternate Compliance Methods: In 2005, the Virginia General Assembly adopted legislation codifying VEEP. Its provisions became effective July 1, 2005 . One of the provisions of the law is a provision for the Department to grant alternative compliance methods to state regulations.

As outlined in Section 10.1-1187.6 of the Code of Virginia, the Air Pollution Control Board, the State Water Control Board and the Waste Management Board “may grant alternative compliance methods to the regulations adopted pursuant to their authorities” for Virginia Environmental Excellence Program E3 and E4 facilities considered to be in good standing with the program. Potential alternative compliance methods (ACM) outlined by the law include “changes to monitoring and reporting requirements and schedules, streamlined submission requirements for permit renewals, the ability to make certain operational changes without prior approval, and other changes that would not increase a facility’s impact on the environment”.

The facility proposing the ACM must demonstrate that the proposed method will meet the purpose of the applicable regulatory standard through increased reliability, efficiency or cost effectiveness and provide environmental protection equal to or greater than that provided by the applicable regulatory standard. ACMs that would alter ambient air quality standards, ground water protection standards or water quality standards will not be approved. Additionally, ACMs that increase pollutants released to the environment, increase impacts to state waters, or otherwise result in a loss of wetland acreage will not be approved.

In order for DEQ to review requests from facilities for ACMs, it is critical that all information necessary for the agency to evaluate the appropriateness and feasibility of the proposed alternative approach be submitted. A facility’s submittal should address each section of the request form and explain in detail the proposed ACM, including a demonstration showing how the ACM will meet the intent and be equivalent to or exceed the established standard from which relief is sought. This may require submittal of both documentation and references to demonstrate that the intent is met and to support their claim of equivalence. 

DEQ does not intend to develop or make available a list of potential ACMs; proposals must come from facilities. Therefore, it is the responsibility of the requesting facility to demonstrate the intent and equivalency of their proposal is consistent with currently established compliance method.

Completed forms should be sent to the appropriate DEQ Regional Office with a copy sent Sharon Baxter, VEEP Program, PO Box 10009, Richmond, VA 23240-0009.

For more information on completing this form, contact: Sharon Baxter at 804-698-4344 or skbaxter@deq.virginia.gov.

For a copy of the form to request an alternate compliance method, click here.

Performance Track Facilities Only:

Extended Hazardous Waste Storage Period : Published on April 22, 2004, the rule provides an incentive under EPA's Resource Conservation and Recovery Act (RCRA) that extends on-site storage times for large-quantity generators of hazardous wastes to up to 180 days (and 270 days if the waste is transported 200 miles or more) to accumulate hazardous waste without a RCRA permit or interim status. The waste must be managed in containers, tanks, drip pads, or containment buildings, in accordance with the applicable requirements, and the quantity of hazardous waste must not exceed 30,000 kilograms. For more information, click here.

In Virginia, facilities accepted into EPA’s Performance Track program as of September 30, 2005 will be considered a low priority for routine inspections by DEQ, per the October 29, 2003 memo from EPA Assistant Administrator for the Office of Enforcement and Compliance Assurance. Routine inspections comprise the majority of inspections, and generally occur when there is no specific reason to believe that a violation exists at a specific facility. Inspections of Performance Track facilities will be conducted if EPA or DEQ has information based on citizen complaint, other DEQ or EPA program referral or observation, or other iJuly 24, 2007 including criminal activity, non-compliance in a priority area of concern to EPA or DEQ, or endangerment to human health and the environment. Otherwise, inspections will be conducted at less-than category specified intervals (i.e., semi-annually rather than annually for TSDs, etc.) unless such action conflicts with federally mandated requirements.

National Environmental Performance Track RCRA Incentive Fact Sheet
November 2004
The rule provides an incentive under EPA's Resource Conservation and Recovery Act (RCRA) that extends on-site storage times for large quantity generators of hazardous wastes.

Reduced Frequency of Air MACT Reporting : This incentive reduces the frequency of reports required under the Maximum Available Control Technology (MACT) provisions of the Clean Air Act such that semi-annual reports may be submitted annually, and in certain cases members may submit an annual certification for these requirements in lieu of an annual report. For more information, click here.

Link to EPA Performance Track incentives, including those under development, click here.