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 9VAC25-280, Ground Water Standards, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated September 19, 2022, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare and is clearly written and easily understandable. The regulation establishes groundwater standards that prevent the degradation of groundwater. Groundwater is a valuable resource used as a public water supply in many communities.
The department is recommending to retain the regulation without change. The regulation is beneficial to the Commonwealth. The regulation establishes groundwater standards that prevent the degradation of groundwater quality. Groundwater is a primary source of drinking water for thousands of Virginians with individual homeowner wells and for 757 municipal public water supplies. High quality groundwater is the source of supply for 158 manufacturing facilities in Virginia that rely on water that requires minimal treatment.
The current regulation continues to be needed. This regulation establishes groundwater standards to protect the quality of groundwater in the Commonwealth. The one public comment received during the periodic review comment period was generally supportive of regulation to protect groundwater quality from pollution. The regulation establishes groundwater standards that are statewide, as well as specific standards that are applicable in the different physiographic provinces in the Commonwealth.
This regulation is a state-only regulation and does not overlap, duplicate, or conflict with federal or state law or regulation. This regulation was last amended in 2004. The last periodic review occurred in 2018. The groundwater standards in this regulation continue to be protective of groundwater quality with limited regulatory burden. The regulation establishes groundwater standards and does not directly impact small businesses.
Contact Information: Brian Campbell, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 774-6890.
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 9VAC25-740, Water Reclamation and Reuse Regulation, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated September 1, 2022, to support this decision.
In accordance with State Water Control Law, specifically subdivision 15 of § 62.1-44.15 of the Code of Virginia, the regulation promotes and establishes requirements for the reclamation and reuse of wastewater that are protective of state waters and public health as an alternative to directly discharging pollutants into state waters. The regulation accomplishes this with commonsense, implementable reclaimed water standards and treatment, design, construction, operation, and maintenance requirements for the reclamation and reuse of wastewater. As water reclamation and reuse is not mandatory in Virginia, requirements of the regulation only apply where a locality or other entity chooses to implement water reclamation and reuse contingent upon the locality's unique water needs and resources, which may be for economic or other reasons.
This regulation, which is similar in content and organization to the water reuse regulations of many other states with successful, established water reclamation and reuse programs, is easy to read and understand. The agency recommends that the Water Reclamation and Reuse Regulation (9VAC25-740) be retained without change. This regulation is necessary to ensure that the reclamation and reuse of wastewater when implemented is conducted in a manner protective of the environment and public health and is essential to promoting and encouraging water reclamation and reuse by engendering and maintaining consumer confidence in reclaimed water as a safe, predictable, and reliable alternative water resource to support continued economic growth in Virginia.
Public comments were received during periodic review of this regulation and focused on the following:
• Develop a comprehensive framework for an indirect and direct potable reuse in Virginia. This would involve removing the prohibition on direct potable reuse (DPR) in the regulation and the likely addition of numerous and more stringent and complicated requirements specifically for DPR to the regulation.
• Make the education and notification program requirement unnecessary for the distribution of Level 1 reclaimed water to reuses that normally require the less highly treated and disinfected reclaimed water Level 2. The regulation already allows for the change proposed by the commenter; therefore, no changes are necessary.
• Make the messaging on signage for reclaimed water more positive while still informing people not to drink the water. This can be addressed without changes to the regulation through existing variance provisions of the regulation that may allow deviations from existing messaging requirements. Although the messaging requirements could be amended, it is unknown as to whether this would result in more or fewer signage messaging requirements in the regulation.
• Provide a nonburdensome framework for public access to reclaimed water via filling stations. Such a framework already exists in the regulation and is further described in agency guidance available to the public on the Virginia Regulatory Town Hall.
• Amend the regulation to more effectively support groundwater aquifer replenishment. Any changes to the existing regulation to add requirements for direct injection of reclaimed water into an aquifer for groundwater replenishment would be redundant of the Environmental Protection Agency's Underground Injection Control Program (40 CRF Part 144). Such regulatory duplication is unwarranted; therefore, no changes are necessary.
None of the commenters indicated that their suggested change would minimize the impact of the regulation on small business. The regulation is technical in nature and contains requirements that are complex, frequently mirroring or referencing other similarly complicated state regulations for wastewater and water treatment and codes for indoor plumbing. The regulation also includes different reclaimed water standards and treatment requirements based on the type of wastewater to be reclaimed and the intended reuse of the reclaimed water. There are federal guidelines but no federal regulations for the reclamation and reuse of wastewater. Although changes in technology have occurred since the last amendment of the regulation in 2014, design and operational requirements of the regulation remain applicable and relevant. During this same period, more federal and state funding opportunities for water reuse have become available through the Water Infrastructure and Innovation Act and the Virginia Clean Water Revolving Loan Fund. Consistent with § 62.1-44.2 of the Code of Virginia, the regulation promotes and encourages the reclamation and reuse of wastewater in a manner protective of the environment and public health but does not require any person or party, including small businesses, to perform this activity. Consequently, the regulation does not adversely impact small businesses.
Contact Information: Valerie Rourke, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 774-9126.
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TITLE 12. HEALTH
STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Agency Notice
Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review and a small business impact review: 12VAC35-180, Regulations to Ensure the Protection of Subjects in Human Research. The review will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.
Public comment period begins October 24, 2022, and ends November 21, 2022.
Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations.
Contact Information: Ruth Anne Walker, Director of Regulatory Affairs, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, 4th Floor, Richmond, VA 23219, telephone (804) 225-2252.