TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Water Control Board conducted a periodic review and a small business impact review of 9VAC25-190, Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Nonmetallic Mineral Mining, and determined that this regulation should be amended. The department is publishing its report of findings dated September 10, 2021, to support this decision.
The regulation establishes a general permit for stormwater discharges associated with nonmetallic mineral mining industrial facilities and is necessary for the protection of public health, safety, and welfare. The regulation is clearly written and easily understandable.
The regulation is effective and continues to be needed; however, this general permit is scheduled to expire on June 30, 2024. This regulation will be amended to reissue the general permit, and the agency will consider revisions to the permit as part of the amendment process. These discharges are considered to be point sources of pollutants and thus are subject to regulation under the VPDES permit program. The permit regulation specifies requirements that protect water quality downstream from the discharge. If this regulation were repealed, individual permits would be required to conduct these activities.
Comments were received from the Virginia Transportation Construction Alliance (VTCA) during the periodic review. The Department of Environmental Quality (DEQ) is aware of VTCA's ongoing concerns with the challenges that large storms can pose to permitted facilities, including nonmetallic mines. In an effort to explore potential solutions, DEQ has met with industry two times to date outside of the periodic review process to discuss their concerns.
This regulation establishes procedures for obtaining coverage under this general permit, and portions of the regulation may be viewed as complex due to the technical requirements included in the regulation. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation as the State Water Control Board is the delegated authority to regulate point source discharges to surface water.
The State Water Control Board last reissued this regulation in 2019. This regulation is evaluated and necessary changes are made to the regulation when the permit is reissued.
The reissuance of the general VPDES permit accomplishes the objectives of applicable law, minimizes the costs to a small business owner, and simplifies the application process. Without the general permit, a small business owner would be required to obtain an individual permit, which would increase the complexity of a permit application and the costs to obtain permit coverage.
Contact Information: Melissa Porterfield, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Water Control Board conducted a periodic review and a small business impact review of 9VAC25-194, Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Vehicle Wash Facilities and Laundry Facilities.
The proposed regulatory action to amend 9VAC25-194, which is published in this issue of the Virginia Register, serves as the report of findings.
Contact Information: Elleanore Daub, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4111, FAX (804) 698-4178, or email elleanore.daub@deq.virginia.gov.
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TITLE 22. SOCIAL SERVICES
DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department for Aging and Rehabilitative Services conducted a periodic review and a small business impact review of 22VAC30-80, Auxiliary Grants Program, and determined that this regulation should be amended. The department is publishing its report of findings dated October 19, 2021, to support this decision.
The Auxiliary Grants (AG) Program is an income supplement for individuals who receive Supplemental Security Income (SSI) and certain other aged, blind, or disabled individuals who reside in a licensed assisted living facility (ALF), an approved adult foster care home (AFCH), or a certified supportive housing (SH) setting. An AG payment is issued to an individual monthly, to be used with a designated amount of their monthly income to pay the maximum monthly AG Program rate. The AG Program rate is determined by the Virginia General Assembly and is adjusted periodically. The AG Program is 80% state funded and 20% locally funded.
The AG Program regulations address standards for AG Program providers for the three settings (ALF, AFCH, and SH). This regulation meets the criteria set out in Executive Order 14, as amended, July 16, 2018, as it is necessary for the protection of public health, safety, and welfare. This regulation is clearly written and easily understandable. This regulation does not overlap, duplicate, or conflict with federal or state law or regulation.
The agency recommends the regulation be amended in order to update the forms filed with the regulation. Updated forms are available and need to be filed accordingly. No other revisions to the regulation are needed at this time. There is a continued need for the regulation as the regulation is mandated by law, and protects the health, welfare, and safety of individuals in the AG Program. No complaints or comments about the regulation were received during the periodic review. The regulation is designed to support clarity and ensure transparency with the AG Program and the operations of AG Program providers.
The regulation comprises only those requirements for the implementation of the AG Program. The AG Program operates under the authority and approval of the Social Security Administration. As a state-funded and locally-funded program, there are no other federal or state regulations for the AG Program. As such, the regulation does not conflict with federal or state law or regulation.
The regulation was last revised in 2019 as directed by Chapters 657 and 658 of the 2019 Acts of Assembly. This legislation allowed individuals receiving AG to select SH without any requirement that such individuals wait until the individual's first or any subsequent annual reassessment to make a SH selection.
This regulation does impact small businesses. Many of the AG Program providers would likely be considered small businesses. However, the regulation does not include overly burdensome requirements, reinforces common standards for business management, and protects the health and safety of the individuals in the AG Program.
Contact Information: Charlotte Arbogast, Policy Analyst, Department for Aging and Rehabilitative Services, 8004 Franklin Farms Drive, Richmond, VA 23229, telephone (804) 662-7093.