Vol. 36 Iss. 5 - October 28, 2019

Chapter 160
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Virginia Waste Management Board intends to consider amending 9VAC20-160, Voluntary Remediation Regulations. This regulation facilitates voluntary cleanup of contaminated sites where remediation is not clearly mandated by the Comprehensive Environmental Response, Compensation, and Liability Act, the Resource Conservation and Recovery Act, the Virginia Waste Management Act, or other applicable authority. The purpose of the proposed action is to change the eligibility requirements to encourage additional sites to participate in the program. Amendments requiring all sites continuing to participate in the program to pay annual fees as well as registration fees are also being considered. (Currently sites that enrolled prior to July 1, 2014, are not assessed annual fees for their continued participation in the program. Sites enrolled on or after July 1, 2014, are subject to a one-time initial registration fee and annual fees to defray costs associated with continued participation in the program.) Additional issues that are identified during the public comment period and the regulatory advisory panel meetings will be addressed during the development of the proposed regulation.

In addition, pursuant to Executive Order 14 (as amended, July 16, 2018) and § 2.2-4007.1 of the Code of Virginia, the agency is conducting a periodic review and small business impact review of this regulation to determine whether this regulation should be terminated, 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; (ii) minimizes the economic impact on small businesses consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 10.1-1232 of the Code of Virginia.

Public Comment Deadline: November 27, 2019.

Agency Contact: Michelle Callahan, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4104, or email

VA.R. Doc. No. R20-6078; Filed September 27, 2019, 8:57 a.m.