Titles of Regulations: 9VAC25-600. Eastern Virginia Ground Water Management Area (amending 9VAC25-600-10, 9VAC25-600-20).

9VAC25-620. Order Declaring the Eastern Shore of Virginia - Accomack and Northampton Counties - As a Critical Ground Water Area (repealing 9VAC25-620-10).

Statutory Authority: § 62.1-256 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: September 25, 2013.

Effective Date: October 10, 2013.

Agency Contact: Melissa Porterfield, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4346, TTY (804) 698-4021, or email melissa.porterfield@deq.virginia.gov.

Basis: Subdivision (10) of § 62.1-44.15 of the Code of Virginia provides the State Water Control Board the authority to adopt such regulations as are necessary to enforce the water management program in the Commonwealth. Section 62.1-256 of the Code of Virginia provides the board the specific powers to regulate pursuant to the Ground Water Management Act of 1992. The designation process of ground water management areas is outlined in 9VAC25-610-70, criteria for consideration of a ground water management area, and 9VAC25-610-80, declaration of ground water management areas.

Purpose: The amendments to the Eastern Virginia Ground Water Management Area Regulations consolidate all localities included in ground water management areas into one regulation and will protect the public health, safety, and welfare by making it easier for the public to find all of the designated ground water management areas in a single location. This action eliminates a regulation that is no longer needed and lists all localities included in ground water management areas in one regulation.

Rationale for Using Fast-Track Process: This regulatory amendment is expected to be noncontroversial since it does not change any regulatory requirements placed on localities, industry, or the public. This regulatory action consolidates the list of localities included in ground water management areas into one regulation.

Substance: The counties of Accomack and Northampton are being incorporated into 9VAC25-600 (Designated Ground Water Management Areas). Accomack and Northampton Counties are part of the Eastern Shore Ground Water Management Area. 9VAC25-620 (Order Declaring the Eastern Shore of Virginia - Accomack and Northampton Counties - as a Critical Ground Water Area) is being repealed. This action consolidates all localities included in ground water management areas into one regulation.

Issues: The primary advantage to the public and the Commonwealth to consolidating the list of localities into a single regulation is the removal of a separate regulation that is no longer needed. One regulation can now be consulted to determine if a locality is located within a ground water management area. There are no disadvantages to the public or the Commonwealth.

Department of Planning and Budget's Economic Income Analysis:

Summary of the Proposed Amendments to Regulation. Summary of the Proposed Amendments to Regulation. The State Water Control Board (Board) proposes to consolidate designated ground water management areas in Virginia under a single section of the regulations.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. The Board proposes to consolidate designated ground water management areas in Virginia under a single section of the regulations. In order to accomplish this goal, section 620 designating the Eastern Shore Groundwater Area is repealed and moved to section 600, which is now renamed to encompass all of the designated ground water areas in the Commonwealth. The proposed change will not create any significant economic impact as there is no change in any of the regulatory requirements, but is expected to make it easier to find all of the designated ground water management areas under one section.

Businesses and Entities Affected. The proposed changes will make it easier for the public to find all of the designated ground water management areas in the regulations.

Localities Particularly Affected. The proposed regulations will not have any direct effect on localities.

Projected Impact on Employment. No effect on employment is expected.

Effects on the Use and Value of Private Property. No effect on the use and value of private property is expected.

Small Businesses: Costs and Other Effects. No costs or other effects on small businesses are expected.

Small Businesses: Alternative Method that Minimizes Adverse Impact. No adverse impact on small businesses is expected.

Real Estate Development Costs. No impact on real estate development costs is expected.

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, a determination of the public benefit, 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 an 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 State Water Control Board has reviewed the economic impact analysis prepared by the Department of Planning and Budget and has no comment.

Summary:

The amendments (i) add Accomack and Northampton Counties, the two localities previously listed in 9VAC25-620, to 9VAC25-600; (ii) change the title of 9VAC25-600, which lists all localities that are required to comply with the Ground Water Withdrawal Regulations (9VAC25-610), to reflect that there are multiple designated ground water management areas now included in it; and (iii) repeal 9VAC25-620.

CHAPTER 600
EASTERN VIRGINIA DESIGNATED GROUND WATER MANAGEMENT AREA AREAS

9VAC25-600-10. Definitions.

The following words and terms, when used in this chapter shall have the following meaning, unless the context clearly indicates otherwise:

"Act" means the Groundwater Ground water Management Act of 1992 (§ 62.1-254 et seq. of the Code of Virginia).

"Area" means the Eastern Virginia Groundwater Management Area.

"Board" means the State Water Control Board.

"Ground water management area" means a geographically defined ground water area in which the board has deemed the levels, supply or quality of ground water to be adverse to public welfare, health and safety.

"Ground water" means any water, except capillary moisture, beneath the land surface in the zone of saturation or beneath the bed of any stream, lake, reservoir or other body of surface water within the boundaries of this Commonwealth, whatever may be the subsurface geologic structure in which such water stands, flows, percolates or otherwise occurs.

9VAC25-600-20. Declaration of ground water management area areas.

A. The board hereby orders the declaration of the eastern part of Virginia as a ground water management area. This area shall be known as the Eastern Virginia Groundwater Ground Water Management Area. This area encompasses the counties of Charles City, Isle of Wight, James City, King William, New Kent, Prince George, Southampton, Surry, Sussex, and York; the areas of Chesterfield, Hanover, and Henrico counties east of Interstate 95; and the cities of Chesapeake, Franklin, Hampton, Hopewell, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg.

B. The area encompasses the counties of Charles City, Isle of Wight, James City, King William, New Kent, Prince George, Southampton, Surry, Sussex, and York; the areas of Chesterfield, Hanover, and Henrico counties east of Interstate 95; and the cities of Chesapeake, Franklin, Hampton, Hopewell, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg. The board hereby orders the declaration of the Eastern Shore of Virginia as a ground water management area. This area shall be known as the Eastern Shore Ground Water Management Area. The area encompasses the counties of Accomack and Northampton.

C. All aquifers located between the land surface and basement rock within the geographic area defined will be included in the area and will be subject to the corrective controls set forth in Act.