TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Air Pollution Control Board conducted a small business impact review of 9VAC5-190, Variance for Merck Stonewall Plant, and determined that this regulation should be retained in its current form. The State Air Pollution Control Board is publishing its report of findings dated February 21, 2020, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
This regulation continues to be needed to allow Merck to use compliance with a prevention of significant deterioration (PSD) permit as an alternate demonstration of compliance with provisions of the regulations of the State Air Pollution Control Board. It provides a cost-effective means of fulfilling ongoing state and federal requirements that protect air quality.
There were no public comments received that requested a change to the 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 2001. Over time, it generally becomes less expensive to characterize, measure, and mitigate the regulated pollutants that contribute to poor air quality. This variance 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.
This variance is specific to the Merck Stonewall Plant and has been implemented based on the Environmental Protection Agency's site-specific PSD rule (40 CFR 52.2454) for the Merck Stonewall Plant. The department does not believe that Merck meets the definition of a "small business" as defined by § 2.2-4007.1 of the Code of Virginia; therefore, the regulation does not impact small businesses.
Contact Information: Gary Graham, Regulatory Analyst, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4103, FAX (804) 698-4319, or email gary.graham@deq.virginia.gov.
VIRGINIA WASTE MANAGEMENT BOARD
Agency Notice
Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulations are undergoing a periodic review: 9VAC20-20, Schedule of Fees for Hazardous Waste Facility Site Certification; 9VAC20-30, Technical Assistance Fund Administrative Procedures; 9VAC20-40, Administrative Procedures for Hazardous Waste Facility Site Certification; and 9VAC20-150, Waste Tire End User Reimbursement Regulation. The review of these regulations will be guided by the principles in Executive Order 14 (as amended July 16, 2018).
The purpose of this review is to determine whether these regulations should be repealed, amended, or retained in their current forms. Public comment is sought on the review of any issue relating to these regulations, including whether each 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 30, 2020, and ends April 20, 2020.
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: Melissa Porterfield, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.virginia.gov.
Agency Notice
Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review: 9VAC20-50, Hazardous Waste Facility Siting Criteria. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).
The purpose of this 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 30, 2020, and ends April 20, 2020.
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: Cindy Berndt, Regulatory Coordinator, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4378, FAX (804) 698-4019, or email cindy.berndt@deq.virginia.gov.
STATE WATER CONTROL BOARD
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Water Control Board conducted a small business impact review of 9VAC25-192, Virginia Pollution Abatement (VPA) Regulation and General Permit for Animal Feeding Operations and Animal Waste Management, and determined that this regulation should be retained in its current form. The State Water Control Board is publishing its report of findings dated February 7, 2020, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
This regulation continues to be needed. The regulation provides a streamlined permitting process for pollutant management activities of animal wastes at confined animal feeding operations having 300 or more animal units utilizing a liquid manure collection and storage system. Without this regulation, individual permits would be required to be obtained by the operator, which would cost more to prepare, and the individual permits would contain requirements that are similar to the requirements found in the general permit.
One comment was received from the public; however, the comment pertained to activities regulated by another regulation, not the regulation being reviewed.
This regulation has been developed to protect human health and the environment from impacts from the operation of confined animal feeding operations having 300 or more animal units utilizing a liquid manure collection and storage system. Standard requirements applicable to these types of operations have been included in the general permit. The regulation contains technical standards that must be met by all operations and provides the regulatory community with a consistent set of standards for operations.
The regulation was adopted as required by state law and does not overlap, duplicate, or conflict with state law. The regulation was last issued in 2014 and will expire in 2024. As part of the general permit regulation reissuance, the agency will evaluate changes that are needed to the regulation in response to changes in technology, economic conditions, and other factors that impact the content of the regulation. The agency believes the use of the general permit regulation process minimizes the impact on the regulated community. The use of the general permit minimizes the administrative costs associated with applying for a permit, which minimizes the impact this regulation has on small businesses.
Contact Information: Melissa Porterfield, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.virginia.gov.
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TITLE 24. TRANSPORTATION AND MOTOR VEHICLES
DEPARTMENT OF TRANSPORTATION
Agency Notice
Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulations are undergoing a periodic review: 24VAC30-17, Solicitation and Use of VDOT Buildings and Grounds for Nonwork Purposes; 24VAC30-73, Access Management Regulations; 24VAC30-121, Comprehensive Roadside Management Program; 24VAC30-151, Land Use Permit Regulations; 24VAC30-570, Procedures for Inclusion of Routes into the Non-Interstate Qualifying Network and Virginia Access Systems; and 24VAC30-620, Rules, Regulations, and Rates Concerning Toll and Bridge Facilities. The review of these regulations will be guided by the principles in Executive Order 14 (as amended July 16, 2018).
The purpose of this review is to determine whether these regulations should be repealed, amended, or retained in their current forms. Public comment is sought on the review of any issue relating to these regulations, including whether each 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 30, 2020, and ends April 20, 2020.
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: JoAnne P. Maxwell, Agency Regulatory Coordinator, Governance and Legislative Affairs Division, Virginia Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-1830, FAX (804) 225-4700, or email joanne.maxwell@vdot.virginia.gov.