Vol. 30 Iss. 2 - September 23, 2013

Chapter 615
Notice of Objection to Fast-Track Rulemaking Action

REGISTRAR'S NOTICE: Pursuant to § 2.2-4012.1 of the Code of Virginia, the State Board of Health has filed a notice of objection to the fast-track rulemaking action published in 29:25 VA.R. 3586-3588 August 12, 2013. The board intends to proceed with the normal rulemaking process set out in Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of the Administrative Process Act with the initial publication of the fast-track regulation serving as the Notice of Intended Regulatory Action.

Title of Regulation: 12VAC5-615. Authorized Onsite Soil Evaluator Regulations (repealing 12VAC5-615-10 through 12VAC5-615-470).

Fast-Track Publication Date: 29:25 VA.R. 3586-3588 August 12, 2013.

The State Board of Health received 28 comments objecting to the fast-track rulemaking process that was initiated to repeal 12VAC5-615, Authorized Onsite Soil Evaluator Regulations, as published in 29:25 VA.R. 3586-3588 August 12, 2013. Commenters expressed concern about the following topics: (i) whether adequate and enforceable standards would exist without 12VAC-615, including the ability of the Virginia Department of Health (VDH) to enforce by policy technical and procedural requirements, roles and responsibilities, standards of practice, and other work product from licensees of the Department of Professional and Occupational Regulation (DPOR); (ii) whether certain portions of 12VAC5-615 should be retained in other regulations administered by VDH or DPOR before rescinding, including ethical requirements, certain definitions (e.g., backlogs), and application requirements; and (iii) whether VDH could implement a consistent, predictable, and enforceable program without 12VAC5-615; for example, VDH has different requirements between public and private sector licensees.

Agency Contact: Allen Knapp, Director, Office of Environmental Health Services, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7458, FAX (804) 864-7475, or email

VA.R. Doc. No. R13-3127; Filed September 12, 2013, 3:12 p.m.