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 9VAC5-520, Biomass Energy Generator General Permit for a Pilot Test Facility, and determined that this regulation should be retained as is. The board is publishing its report of findings dated January 23, 2023, to support this decision.
This regulation enhances the board's ability to ensure compliance with the specific requirements under state law through the approval of a general permit to construct and operate a new or modified facility with actual emissions of 99 tons per year or less of particulate matter, nitrogen oxides, sulfur dioxide, carbon monoxide, and volatile organic compounds.
The regulation is necessary as it is needed to (i) protect public health and welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth; and (ii) provide a streamlined administrative mechanism to impose general regulatory requirements on the construction and operation of nonmajor sources in certain source categories without burdensome and costly permit application, review, and issuance procedures. Furthermore, the efficient operation of this type of facility controls emissions of harmful pollutants while enabling the facility to perform in a cost effective manner.
The board has determined that the regulation is clearly written and easily understandable by the individuals and entities affected by the regulation. It is written so as to permit only one reasonable interpretation, to adequately identify the affected entity, and, insofar as possible, in nontechnical language.
This regulation satisfies the provisions of the law and legally binding state requirements and is effective in meeting its goals; therefore, the regulation is being retained without amendment. This regulation continues to be needed. No comments were received that indicate a need to repeal or revise this regulation.
The regulation's level of complexity is appropriate to ensure that the regulated entity is able to meet its legal mandate as efficiently and cost-effectively as possible. This regulation does not overlap, duplicate, or conflict with any state law or other state regulation. This regulation was last reviewed in 2018. Over time, it generally becomes less expensive to characterize, measure, and mitigate the regulated pollutants that contribute to poor air quality. This regulation continues to provide the most efficient and cost-effective means to determine the level and impact of excess emissions and to control those excess emissions.
The board, through examination of the regulation, has determined that the regulatory requirements currently minimize the economic impact of emission control regulations on small businesses and thereby minimize the impact on existing and potential Virginia employers and their ability to maintain and increase the number of jobs in the Commonwealth.
Contact Information: Karen G. Sabasteanski, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-1973.
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 9VAC5-530, Electric Generator Voluntary Demand Response General Permit, and determined that this regulation should be retained as is. The board is publishing its report of findings dated February 13, 2023, to support this decision.
This regulation enhances the board's ability to ensure compliance with all specific requirements under state law through the approval of a general permit to construct and operate a new or modified facility with actual emissions of 99 tons per year or less of regulated pollutants.
The regulation is necessary as it is needed to (i) protect public health and welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth; (ii) provide a streamlined administrative mechanism to impose general regulatory requirements on the construction and operation of nonmajor sources in certain source categories without burdensome and costly permit application, review, and issuance procedures; and (iii) meet specific requirements of the Virginia Air Pollution Control Law. The department has determined that the regulation is clearly written and easily understandable by the individuals and entities affected by the regulation. It is written so as to permit only one reasonable interpretation, to adequately identify the affected entity, and, insofar as possible, in nontechnical language.
This regulation satisfies the provisions of the law and legally binding state requirements and is effective in meeting its goals; therefore, the regulation is being retained without amendment. This regulation continues to be needed. No comments were received that indicate a need to repeal or revise this regulation. The regulation’s level of complexity is appropriate to ensure that the regulated entity is able to meet its legal mandate as efficiently and cost-effectively as possible. This regulation does not overlap, duplicate, or conflict with any state law or other state regulation. This regulation was most recently reviewed in 2018. Over time, it generally becomes less expensive to characterize, measure, and mitigate the regulated pollutants that contribute to poor air quality. This regulation continues to provide the most efficient and cost-effective means to determine the level and impact of excess emissions and to control those excess emissions.
The board, through examination of the regulation, has determined that the regulatory requirements currently minimize the economic impact of emission control regulations on small businesses and thereby minimize the impact on existing and potential Virginia employers and their ability to maintain and increase the number of jobs in the Commonwealth.
Contact Information: Karen G. Sabasteanski, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-1973.
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 9VAC5-540, Emergency Generator General Permit, and determined that this regulation should be retained as is. The board is publishing its report of findings dated February 15, 2023, to support this decision.
This regulation enhances the board's ability to ensure compliance with all specific requirements under state law through the approval of a general permit to construct and operate a new or modified facility with actual emissions of 99 tons per year or less of regulated pollutants.
The regulation is necessary to (i) protect public health and welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth; (ii) provide a streamlined administrative mechanism to impose general regulatory requirements on the construction and operation of nonmajor sources in certain source categories without burdensome and costly permit application, review, and issuance procedures; and (iii) meet specific requirements of the Virginia Air Pollution Control Law. The department has determined that the regulation is clearly written and easily understandable by the individuals and entities affected. It is written so as to permit only one reasonable interpretation, to adequately identify the affected entity, and, insofar as possible, in nontechnical language.
This regulation satisfies the provisions of the law and legally binding state requirements and is effective in meeting its goals; therefore, the regulation is being retained without amendment. This regulation continues to be needed. No comments were received on whether the regulation should be retained or amended. The regulation's level of complexity is appropriate to ensure that the regulated entity is able to meet its legal mandate as efficiently and cost-effectively as possible. This regulation does not overlap, duplicate, or conflict with any state law or other state regulation.
This regulation was last reviewed in 2018. Over time, it generally becomes less expensive to characterize, measure, and mitigate the regulated pollutants that contribute to poor air quality. This regulation continues to provide the most efficient and cost-effective means to determine the level and impact of excess emissions and to control those excess emissions.
The board, through examination of the regulation and relevant public comments, has determined that the regulatory requirements currently minimize the economic impact of emission control regulations on small businesses and thereby minimize the impact on existing and potential Virginia employers and their ability to maintain and increase the number of jobs in the Commonwealth.
Contact Information: Karen G. Sabasteanski, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-1973.
DEPARTMENT OF ENVIRONMENTAL QUALITY
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: 9VAC15-70, Small Renewable Energy Projects (Combustion) Permit by Rule. The review of this regulation 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 March 27, 2023, and ends April 17, 2023.
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: Susan Tripp, Renewable Energy Permit by Rule Coordinator, Department of Environmental Quality, 1111 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 664-3470.
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TITLE 13. HOUSING
VIRGINIA MANUFACTURED HOUSING BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Virginia Manufactured Housing Board conducted a periodic review and a small business impact review of 13VAC6-20, Manufactured Housing Licensing and Transaction Recovery Fund Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated February 2023, to support this decision.
The regulation was adopted to provide a means to implement state law regarding the licensing of manufacturers, dealers, brokers, and salespersons of manufactured homes. The regulation also provides a method to hear and resolve complaints between affected parties. It has been determined that the regulation and its language and provisions are clear and easily understandable and are in compliance with their statutory directive.
No public comment has been received, and stakeholders and affected parties have not requested or indicated any necessary changes; therefore, the decision is to retain the regulation with no change.
The regulation was updated in 2019 and 2021. The changes in 2019 removed unnecessary provisions, and the changes in 2021 addressed complying with certain provisions in state law regarding damages. The regulation is necessary to continue to implement statutory directives regarding licensing and resolution of complaints for manufactured housing. No public comment was received. The regulation does not appear to be overly complex, duplicate, or conflict with other federal or state law. The regulation was last updated in 2019 and 2021.
No comment has been received regarding the regulation, and the fee structure will remain in its current form, minimizing any impacts to small businesses.
Contact Information: Jeff Brown, Director of State Building Codes Office, Virginia Manufactured Housing Board, Main Street Centre, 600 East Main Street, Richmond, VA 23219, telephone (804) 371-7161.