Title of Regulation: 9VAC20-200. Mercury Switch Regulations (repealing 9VAC20-200-10 through 9VAC20-200-70).

Statutory Authority: § 10.1-1402 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: December 26, 2018.

Effective Date: January 10, 2019.

Agency Contact: Melissa Porterfield, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, TTY (804) 698-4021, or email melissa.porterfield@deq.virginia.gov.

Basis: Section 10.1-1402 of the Code of Virginia, the statutory authority that allowed the Virginia Waste Management Board to adopt this regulation, has expired, and this regulation is being repealed.

Purpose: The statutory authority that allowed the board to adopt this regulation has expired, and this regulation is being repealed. Since the statutory authority for the regulation expired in 2015, the requirements in the regulation are no longer applicable. Repealing the regulation is essential to protect the welfare of citizens because it will ensure there is no confusion between the statute and the regulations as to what rules are in effect.

Rationale for Using Fast Track Rulemaking Process: This regulatory action is expected to be noncontroversial. The statutory authority that allowed the board to adopt this regulation has expired, and this regulation is being repealed.

Substance: The regulation is being repealed.

Issues: The statutory authority that allowed the board to adopt this regulation has expired, and this regulation is being repealed. Repealing this regulation will benefit both the public and the department since this action removes regulatory requirements that are no longer applicable. There are no disadvantages to the public of the department.

Collectively, automobile manufacturers have implemented a voluntary national automotive mercury switch removal program managed by End of Life Vehicle Solutions. End of Life Vehicle Solutions collects, transports, retorts, recycles, or disposes of elemental mercury from automotive switches. This national initiative will continue to facilitate the removal of mercury from vehicles prior to vehicles being recycled, and repeal of this regulation will not impact Virginia vehicle recyclers participating in this national program.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Virginia Waste Management Board (Board) proposes to repeal the Mercury Switch Regulations.

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

Estimated Economic Impact. The Mercury Switch Regulations were adopted in response to Chapters 16 and 163 of the 2006 Acts of Assembly. The purpose of the regulation was to reduce the quantity of mercury released into the environment by establishing standards and procedures for the removal of mercury switches from end-of-life vehicles demolished in the Commonwealth. The provisions of Chapters 16 and 163 of the 2006 Acts of Assembly were to expire on July 1, 2012. Chapter 793 of the 2011 Acts of Assembly extended the provisions of these Chapters to July 1, 2015. The provisions of these Acts of Assembly have expired and § 10.1-1402 of the Code of Virginia no longer authorizes the Waste Management Board to "adopt regulations concerning the criteria and standards for removal of mercury switches by vehicle demolishers." Consequently, the Board proposes to repeal this regulation.

Since the statutory authority for the regulation expired in 2015, the requirements in the regulation are no longer applicable. Repealing the regulation will create a moderate benefit in that the possibility that members of the public will mistakenly believe that the rules in the regulation are currently in effect will be eliminated.

Businesses and Entities Affected. The proposed repeal of this obsolete regulation will only affect members of the public who may have been misled into believing that the rules of the regulation currently apply.

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

Projected Impact on Employment. The proposed repeal of the regulation does not affect employment.

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

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

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects. The proposed repeal of the regulation does not significantly affect small business.

Alternative Method that Minimizes Adverse Impact. The proposed repeal of the regulation does not adversely affect small businesses.

Adverse Impacts:

Businesses. The proposed repeal of the regulation does not adversely affect businesses.

Localities. The proposed repeal of the regulation does not adversely affect localities.

Other Entities. The proposed repeal of the regulation does not adversely affect other entities.

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:

This action repeals the Mercury Switch Regulations because the provisions of § 10.1-1402 of the Code of Virginia authorizing the Virginia Waste Management Board to adopt regulations concerning the criteria and standards for removal of mercury switches by vehicle demolishers have expired.