TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Air Pollution Control Board conducted a periodic review and a small business impact review of 9VAC5-5, Public Participation Guidelines, and determined that this regulation should be retained as is. The department is publishing its report of findings dated November 30, 2021, to support this decision.
The regulation continues to be needed and is being retained without changes. The regulation is clearly written and easily understandable. This regulation includes the requirements for notification, seeking input, use of advisory panels, and public participation during regulatory actions. The current regulation continues to be needed to comply with § 2.2-4007.02 of the Code of Virginia, which requires agencies to develop and adopt public participation guidelines for soliciting input from interested parties during the development of regulations.
Comments were received during the periodic review comment period. Many comments received were outside of the scope of the public participation guidelines (PPGs). Comments that were applicable to the PPGs have been addressed in the response to comments section. Approximately 100 rulemaking bodies in Virginia have used the Department of Planning and Budget's model PPGs as a basis for adopting regulations concerning public participation guidelines. The Air Pollution Control Board previously adopted this regulation concerning public participation guidelines to promote consistent public participation guidelines during the regulatory development process throughout the Commonwealth. The regulation is being retained to maintain a consistent public participation process for the adoption of regulations.
The regulation is not technical in nature. The regulation establishes guidelines for the participation of interested citizens during all phases of the adoption of new regulations, or the amendment or repeal of existing regulations. Federal regulatory programs encourage public participation by citizens and the regulated community; however, Virginia law details specific public participation requirements. This regulation was adopted as required by state statute and does not conflict with federal law or regulation. This regulation was last updated in 2017 to adopt changes to conform to changes to the Code of Virginia. The regulation is explanatory in nature and does not place any additional regulatory burden on the regulated community including small businesses.
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.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Environmental Quality conducted a periodic review and a small business impact review of 9VAC15-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The department is publishing its report of findings dated November 30, 2021, to support this decision.
The regulation continues to be needed and is being retained without changes. The regulation is clearly written and easily understandable. This regulation includes the requirements for notification, seeking input, use of advisory panels, and public participation during regulatory actions. The current regulation continues to be needed to comply with § 2.2-4007.02 of the Code of Virginia, which requires agencies to develop and adopt public participation guidelines for soliciting input from interested parties during the development of regulations.
Comments were received during the periodic review comment period. Many comments received were outside of the scope of the public participation guidelines (PPGs). Comments that were applicable to the PPGs have been addressed in the response to comments section. Approximately 100 rulemaking bodies in Virginia have used the Department of Planning and Budget's model PPGs as a basis for adopting regulations concerning public participation guidelines. The Department of Environmental Quality previously adopted this regulation concerning public participation guidelines to promote consistent public participation guidelines during the regulatory development process throughout the Commonwealth. The regulation is being retained to maintain a consistent public participation process for the adoption of regulations.
The regulation is not technical in nature. The regulation establishes guidelines for the participation of interested citizens during all phases of the adoption of new regulations, or the amendment or repeal of existing regulations. Federal regulatory programs encourage public participation by citizens and the regulated community; however, Virginia law details specific public participation requirements. This regulation was adopted as required by state statute and does not conflict with federal law or regulation. This regulation was last updated in 2017 to adopt changes to conform to changes to the Code of Virginia. The regulation is explanatory in nature and does not place any additional regulatory burden on the regulated community including small businesses.
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.
VIRGINIA WASTE MANAGEMENT BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Virginia Waste Management Board conducted a periodic review and a small business impact review of 9VAC20-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The department is publishing its report of findings dated November 30, 2021, to support this decision.
The regulation continues to be needed and is being retained without changes. The regulation is clearly written and easily understandable. This regulation includes the requirements for notification, seeking input, use of advisory panels, and public participation during regulatory actions. The current regulation continues to be needed to comply with § 2.2-4007.02 of the Code of Virginia, which requires agencies to develop and adopt public participation guidelines for soliciting input from interested parties during the development of regulations.
Comments were received during the periodic review comment period. Many comments received were outside of the scope of the public participation guidelines (PPGs). Comments that were applicable to the PPGs have been addressed in the response to comments section. Approximately 100 rulemaking bodies in Virginia have used the Department of Planning and Budget's model PPGs as a basis for adopting regulations concerning public participation guidelines. The Virginia Waste Management Board previously adopted this regulation concerning public participation guidelines to promote consistent public participation guidelines during the regulatory development process throughout the Commonwealth. The regulation is being retained to maintain a consistent public participation process for the adoption of regulations.
The regulation is not technical in nature. The regulation establishes guidelines for the participation of interested citizens during all phases of the adoption of new regulations, or the amendment or repeal of existing regulations. Federal regulatory programs encourage public participation by citizens and the regulated community; however, Virginia law details specific public participation requirements. This regulation was adopted as required by state statute and does not conflict with federal law or regulation. This regulation was last updated in 2017 to adopt changes to conform to changes to the Code of Virginia. The regulation is explanatory in nature and does not place any additional regulatory burden on the regulated community including small businesses.
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.
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 9VAC25-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The department is publishing its report of findings dated November 30, 2021, to support this decision.
The regulation continues to be needed and is being retained without changes. The regulation is clearly written and easily understandable. This regulation includes the requirements for notification, seeking input, use of advisory panels, and public participation during regulatory actions. The current regulation continues to be needed to comply with § 2.2-4007.02 of the Code of Virginia, which requires agencies to develop and adopt public participation guidelines for soliciting input from interested parties during the development of regulations.
Comments were received during the periodic review comment period. Many comments received were outside of the scope of the public participation guidelines (PPGs). Comments that were applicable to the PPGs have been addressed in the response to comments section. Approximately 100 rulemaking bodies in Virginia have used the Department of Planning and Budget's model PPGs as a basis for adopting regulations concerning public participation guidelines. The State Water Control Board previously adopted this regulation concerning public participation guidelines to promote consistent public participation guidelines during the regulatory development process throughout the Commonwealth. The regulation is being retained to maintain a consistent public participation process for the adoption of regulations.
The regulation is not technical in nature. The regulation establishes guidelines for the participation of interested citizens during all phases of the adoption of new regulations, or the amendment or repeal of existing regulations. Federal regulatory programs encourage public participation by citizens and the regulated community; however, Virginia law details specific public participation requirements. This regulation was adopted as required by state statute and does not conflict with federal law or regulation. This regulation was last updated in 2017 to adopt changes to conform to changes to the Code of Virginia. The regulation is explanatory in nature and does not place any additional regulatory burden on the regulated community including small businesses.
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 9VAC25-40, Regulation for Nutrient Enriched Waters and Dischargers within the Chesapeake Bay Watershed, and determined that this regulation should be retained as is. The department is publishing its report of findings dated November 18, 2021, to support this decision.
This regulation 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 and is being retained. This regulation controls nutrient discharges from point sources in the Chesapeake Bay watershed as part of the Commonwealth's comprehensive initiative to restore water quality and habitat in the Chesapeake Bay watershed.
No public comments were received during the periodic review.
The regulation provides for the control of discharges of nutrients from point source discharges affecting waters that have been designated "nutrient enriched waters" in the Water Quality Standards (9VAC25-260). Portions of the regulation may be viewed as complex due to the technical requirements included in the regulation; however, this regulation is clearly written and easily understandable by the users of the regulation. This regulation does not duplicate or conflict with federal or state law or regulation but works together with other regulations to protect water quality in the Commonwealth. The State Water Control Board last amended this regulation in 2006. Over the course of time, the cost to remove pollutants typically decreases with advancements in technology.
Outside of the Chesapeake Bay watershed, this regulation requires that facilities discharging 1 million gallons per day or more to designated "nutrient enriched waters" meet a monthly average total phosphorus effluent limit of 2.0 mg/l. Within the Chesapeake Bay watershed, the regulation does not require nutrient removal of any existing discharger. Dischargers that install nutrient removal technology are subject to annual average nutrient limits that match the technology installed. New and expanding discharges within the Chesapeake Bay watershed are subject to minimum nutrient treatment technologies depending on the size of the potential nutrient load. The more advanced "state-of-the-art" treatment technology is applicable to the largest new or expanding facilities. Smaller new or expanding facilities must install less expensive "biological nutrient removal" technology. The smallest category of new or expanding facilities (40,000 gallons per day or the equivalent nutrient load from an industrial facility) have no minimum technology requirements at all. The regulation also includes an exclusion for dischargers that are able to demonstrate that the specified standard is not technically or economically feasible for the facility. These provisions are drafted to minimize any impact on small businesses while still meeting the Commonwealth's water quality goals.
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.
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TITLE 12. HEALTH
STATE BOARD OF HEALTH
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-630, Private Well Regulations, and determined that this regulation should be amended.
The proposed regulatory action to amend 12VAC5-630, which is published in this issue of the Virginia Register, serves as the report of findings.
Contact Information: Lance Gregory, Director, Division of Onsite Sewage and Water Services, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7491, FAX (804) 864-7475, or email lance.gregory@vdh.virginia.gov.
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TITLE 22. SOCIAL SERVICES
STATE BOARD OF SOCIAL SERVICES
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services conducted a periodic review and a small business impact review of 22VAC40-705, Child Protective Services, and determined that this regulation should be retained as is. The department is publishing its report of findings dated December 15, 2021, to support this decision.
This regulation should be retained without changes. This regulation governs the administration of child protective services. The regulation is essential to protecting the health, safety, and welfare by providing local departments of social services with clear and comprehensive rules for administering child protective services. The regulation is clearly written and easily understandable.
This regulation is necessary because it governs the administration of child protective services. There were no complaints or comments received from the public concerning this regulation. This regulation does not conflict with federal or state law or regulations, and there are no requirements that exceed applicable federal requirements. This regulation was last amended through the three-stage process in 2021. There are no impacts on small businesses, as it does not include any language that prescribes limitations or requirements on small businesses.
Contact Information: Shannon Hartung, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7554.