Title of Regulation: 9VAC25-240. Procedural Rule No. 3 - Certification Pursuant to 33 USC § 1341 ("401" Certification): Procedures for Applications, for Issuance, and for Requests for Modification or Revocation (repealing 9VAC25-240-10 through 9VAC25-240-70).

Statutory Authority: § 62.1-44.15 of the Code of Virginia; § 401 of the federal Clean Water Act.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: June 19, 2013.

Effective Date: July 4, 2013.

Agency Contact: William K. Norris, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4022, FAX (804) 698-4347, TTY (804) 698-4021, or email william.norris@deq.virginia.gov.

Basis: Section 62.1-44.15 of the Code of Virginia authorizes the State Water Control Board to adopt such regulations as it deems necessary to enforce the general water quality management program.

Purpose: The purpose of this action is to repeal an existing regulation that has been superseded.

Rationale for Using Fast-Track Process: The fast-track process is being used for this regulatory action since the regulation has been superseded and the certification requirements are governed by 9VAC25-210.

Substance: The substantive change is to repeal an existing regulation that has been superseded by certification requirements governed by 9VAC25-210.

Issues: There are no anticipated disadvantages to the public or the Commonwealth. The advantages to the public and the Commonwealth are the elimination of confusion on the appropriate procedures to acquire the certification and the removal of an unnecessary regulation from the Virginia Administrative Code.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The State Water Control Board (Board) proposes to repeal this regulation which provides for the issuance of a certification by the Board that a proposed activity that may result in a discharge to state waters meets the requirements of the federal Clean Water Act. This regulation has been superseded by the Virginia Water Protection Permit Regulation (9VAC25-210).

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. Since this regulation has been superseded by the Virginia Water Protection Permit Regulation, repealing it will have no impact beyond eliminating potential confusion. Thus, the repeal of this regulation will produce a small net benefit.

Businesses and Entities Affected. The proposed repeal of this regulation has no impact beyond potentially reducing confusion among interested individuals looking for the state rules concerning the issuance of a certification by the Board that a proposed activity that may result in a discharge to state waters meets the requirements of the federal Clean Water Act.

Localities Particularly Affected. The proposed repeal of this regulation does not disproportionately affect any particular localities.

Projected Impact on Employment. The proposed repeal of this regulation will not affect employment.

Effects on the Use and Value of Private Property. The proposed repeal of this regulation will not affect the use and value of private property.

Small Businesses: Costs and Other Effects. The proposed repeal of this regulation will not affect small businesses beyond eliminating some potential confusion.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed repeal of this regulation does not adversely affect small businesses.

Real Estate Development Costs. The proposed repeal of this regulation does not affect real estate development costs.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, a determination of the public benefit, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPBs best estimate of these economic impacts.

Agency's Response to Economic Impact Analysis: The department has reviewed the economic impact analysis prepared by the Department of Planning and Budget and has no comment.

Summary:

The State Water Control Board is repealing this regulation, which provides for the issuance of a certification by the board that a proposed activity that may result in a discharge to state waters meets the requirements of the federal Clean Water Act. This regulation has been superseded by the Virginia Water Protection Permit Regulation (9VAC25-210) and is no longer necessary.