Title of Regulation: 9VAC20-90. Solid Waste Management Permit Action Fees and Annual Fees (amending 9VAC20-90-120).

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

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: July 17, 2013.

Effective Date: August 1, 2013.

Agency Contact: Debra A. Harris, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4206, FAX (804) 698-4346, TTY (804) 698-4021, or email debra.harris@deq.virginia.gov.

Basis: Section 10.1-1402 of the Code of Virginia authorizes the Virginia Waste Management Board to promulgate and enforce regulations necessary to carry out its powers and duties and the intent of the chapter and federal law. Section 10.1-1402.16 of the Code of Virginia specifically authorizes the collection of permit fees and requires the establishment of a fee schedule by regulation, and § 10.1-1402.1 of the Code of Virginia provides requirements for such regulation.

Purpose: The rationale for this regulatory action is to provide relief from a burdensome permit amendment fee for solid waste landfills that are undergoing corrective action. The work required while in corrective action is costly, and, with a lower fee, it is hoped that more moneys will be available for actual remediation of any contamination. The new fee will be sufficient and more in line with other permit action fees as the department continues to work on streamlining the groundwater corrective permitting program.

Rationale for Using Fast-Track Process: The current permit action fee for amending a permit to include corrective action at solid waste landfills is $22,860. This fee has been evaluated and deemed to be burdensome with the streamlining that is being proposed for the corrective action program. With this amendment, a new fee of $3,000 for this permit amendment action is being proposed as it is more in line with the other permit amendment action fees. Corrective action implementation is a costly process, and it is hoped that with the reduction in the permit fee additional moneys may be made available for the actual corrective action activities at the landfill while still providing the department with sufficient funds for processing the permit amendment. For these reasons, the proposed amendment is expected to be noncontroversial, and use of the fast-track process is justified.

Substance: The corrective action fee in Table 3.1-2 of 9VAC20-90-120 has been changed to $3,000.

Issues: The public will benefit as this regulatory action will lessen the cost burden for the corrective action permit amendment and may provide more moneys to be available for the corrective remedial action. There is no disadvantage to the agency or the Commonwealth that will result from the adoption of this amendment to 9VAC20-90.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Virginia Waste Management Board (Board) proposes to decrease its fee for corrective action permits at solid waste landfills from $22,860 to $3,000.

Result of Analysis. Benefits likely outweigh costs for this proposed action.

Estimated Economic Impact. Currently, the Board's fee for issuing a corrective action (module XIV) permit for solid waste management sites is $22,860. Board staff reports that their corrective action program is being streamlined and that the current fee is now excessive. Consequently, the Board now proposes to decrease this fee to $3,000. The Board estimates that the proposed fee will be sufficient to cover the Department of Environmental Quality's (DEQ) costs for issuing these permits. No other affected entity is likely to incur costs on account of this change. Entities that must obtain these permits will benefit greatly from having this fee reduced by approximately 87%. Residents of communities where affected solid waste management sites are located may also benefit as lowering this fee will leave site operators with more money to actually accomplish the required corrective actions.

Businesses and Entities Affected. DEQ reports that there are currently 217 solid waste management sites in the Commonwealth. DEQ further reports that 59 of these solid waste management sites have previously had to amend their permits for a corrective action remedy and submit the current corrective action fee of $22,860. This regulatory action will affect any solid waste management sites that have to amend their permits for corrective action in the future.

Localities Particularly Affected. No locality will be particularly affected by this proposed regulatory change.

Projected Impact on Employment. This regulatory action will likely have little to no impact on employment in the Commonwealth.

Effects on the Use and Value of Private Property. This regulatory action will likely have little to no effect on the use or value of private property in the Commonwealth.

Small Businesses: Costs and Other Effects. Affected small businesses are very unlikely to incur any additional costs on account of this proposed regulation.

Small Businesses: Alternative Method that Minimizes Adverse Impact. Affected small businesses are very unlikely to incur any additional costs on account of this proposed regulation.

Real Estate Development Costs. This regulatory action will likely have no effect on real estate development costs in the Commonwealth.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

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 regulatory action decreases the fee for a corrective action (Module XIV) permit at a solid waste landfill to $3,000.

9VAC20-90-120. Permit application fee schedules.

TABLE 3.1–1. NEW OR INITIAL ISSUANCE OR ACTION.
TYPE OF FACILITY			FEE
All landfills:
		Part A application	$4,180
		Part B application	$18,680
Incineration/Energy Recovery Facility			$5,880
Transfer Station, Materials Recovery Facility, Regulated Medical Waste Storage Facility, or Regulated Medical Waste Treatment Facility			$4,310
Compost Facility
	Facilities Processing Category I Waste		$6,850
	Facilities Processing Waste Categories I, II, or III, or Categories III and Lower		$10,550
	Facilities Processing Waste Categories I, II, III, or IV, or Categories IV and Lower		$12,670
Experimental Solid Waste Facility			$2,090
Permit-by-rule Initial Review and Confirmation			$390
Emergency Permit			$2,310

TABLE 3.1‑2. MAJOR PERMIT ACTIONS, AMENDMENTS, OR MODIFICATIONS.
TYPE OF PERMIT MODULE		FEE
Landfill Part A		$4,180
General - Module I		$390
Facility - Module II		$1,310
Landfill - Module III, IV, or V		$7,050
	Design plan review	$910
	Liner design review	$1,960
	Leachate system review	$1,310
	Gas management plan review	$1,700
	Drainage plan review	$910
	Cover design review	$1,830
	Equipment	$390
Compost facility - Module VI		$3,660
	Design plan review	$650
	Liner design review	$1,310
	Leachate system review	$910
	Drainage plan review	$650
	Equipment	$390
Transfer station - Module VII		$1,180
Material recovery facility - Module VIII		$1,570
	Waste supply analysis	$650
	Waste management areas	$520
	Wastewater management areas	$390
Incinerator/Energy recovery facility - Module IX		$3,000
	Waste and residue storage	$910
	Operational requirements	$1,570
	Waste control procedures	$520
Groundwater monitoring - Module X or XI		$3,260
	Well placement	$1,310
	Materials and specifications	$390
	Sampling plan	$1,570
Closure - Module XII		$390
Post-closure - Module XIII		$390
Corrective action - Module XIV		$22,860 $3,000
Leachate handling Module XV		$1,310
Regulated medical waste storage facility - Module XVI		$390
Regulated medical waste treatment facility - Module XVII		$390
Permit-by-rule Modification Review and Confirmation		$390
Public participation (does not include costs of newspaper advertisements or radio broadcasts)		$1,040

TABLE 3.1-3. VARIANCE REQUESTS.
TYPE OF VARIANCE		FEE
Base fee for all variances		$390
Supplemental fees based on variance type
	Exemption from classification as a solid waste	$520
Variance to permitting requirements
	Siting requirements	$520
	Facility design (other than alternate liner design)	$520
	Operational requirements	--
	Groundwater monitoring (other than groundwater protection standards and location of monitoring system)	$920
	Closure requirements	--
	Post-closure requirements	--
Groundwater Protection Standards		--
Alternate liner system design		$1,570
Location of groundwater monitoring system		$920