TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Air Pollution Control Board conducted a periodic review and a small business impact review of 9VAC5-85, Permits for Stationary Sources of Pollutants Subject to Regulation, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated September 25, 2020, to support this decision.
This regulation enhances the department's ability to ensure compliance with all applicable federal requirements under the Clean Air Act and specific requirements under the state code through the issuance and enforcement of federal and state operating permits to construct and operate a new or modified facility. The regulation has been effective in achieving its specific and measurable goals, which are as follows:
1. To protect public health, safety, and welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth.
2. To prevent the construction, modification, or operation of major facilities that will prevent or interfere with the attainment or maintenance of any ambient air quality standard.
3. To ensure that major new facilities or major expansions to existing facilities will be designed, built, and equipped to operate without causing or exacerbating a violation of any ambient air quality standard.
4. To ensure that major new facilities or major expansions to existing facilities will be designed, built, and equipped to comply with case-by-case control technology determinations and other requirements.
5. To ensure that there is no significant deterioration of air quality in Virginia's national parks and throughout the Commonwealth.
6. To provide an administrative mechanism to impose source-specific regulatory requirements with the flexibility to address the individual needs of sources.
7. To provide a mechanism to administer certain air quality control program requirements without the need for federal oversight.
8. To identify and clarify for the department and source owner exactly which air quality program requirements are applicable to the permitted source.
The department has determined that the regulation is clearly written and easily understandable by the individuals and entities affected. It is written to permit only one reasonable interpretation, is written to adequately identify the affected entity, and, insofar as possible, is written in nontechnical language.
This regulation satisfies the provisions of the law and legally binding state and federal requirements and is effective in meeting its goals; therefore, the regulation is being retained without amendment.
This regulation continues to be needed. This regulation enables the permitting of greenhouse gasses for appropriate sources.
No comments were received that indicate a need to repeal or revise the regulation. The regulation's level of complexity is appropriate to ensure that the regulated entities are able to meet their legal mandates as efficiently and cost-effectively as possible.
This regulation does not overlap, duplicate, or conflict with any state law or other state regulation.
This chapter was last amended in 2014.
Over time, it generally becomes less expensive to characterize, measure, and mitigate the regulated pollutants that contribute to poor air quality. This regulation continues to enable the permitting of greenhouse gasses for appropriate sources.
The department, through examination of the regulation, has determined that the regulatory requirements currently minimize the economic impact of emission control regulations on small businesses and thereby minimize the impact on existing and potential Virginia employers and their ability to maintain and increase the number of jobs in the Commonwealth.
Contact Information: Gary E. Graham, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 689-4103, FAX (804) 698-4178, or email gary.graham@deq.virginia.gov.
STATE WATER CONTROL BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Water Control Board conducted a periodic review and a small business impact review of 9VAC25-32, Virginia Pollution Abatement (VPA) Permit Regulation, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated September 22, 2020, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare since it regulates the discharge of sewage, industrial wastes, and other wastes that may occur adjacent to state waters. Examples of activities covered by this regulation include land application of biosolids and industrial sludge or spray irrigation of industrial and municipal wastewater. This regulation defines the procedures and requirements to be followed in connection with VPA permits issued by the board. Commenters indicated some areas of the regulation could be amended to be further clarified; however, the agency believes the regulation is clearly written and easily understandable. The agency will continue to utilize guidance documents to assist the regulated community with understanding situational specific regulatory requirements.
The regulation is effective and continues to be needed and is being retained.
The regulation continues to be needed. Without this regulation, there would not be a mechanism to permit and regulate individual permits related to the application of biosolids and industrial sludge or spray irrigation of industrial and municipal wastewater to the land in the Commonwealth. This regulation ensures that these activities are conducted in a manner that is protective of human health and the environment.
Comments were received from the regulated community and environmental organizations during the public comment period. In general, the regulated community suggested clarifications to be made to the regulation and also requested the board develop and adopt a general permit for the management of exceptional quality cake biosolids. Environmental organizations requested the board to strengthen the regulation to include monitoring requirements related to polyfluoroalkyl substances (PFAS). The comments received, and the responses to those comments, are further detailed in the public comment section of the Town Hall reporting form for the periodic review.
The regulation is complex in nature to the general reader since it contains many scientific terms and standards; however, the complexity of the regulation is appropriate for the user of the regulation.
The corresponding federal authority for the criteria for land application of biosolids is found at 40 CFR Part 503.
This regulation was last amended in 2018 to update the date of the federal CFR incorporated by reference and to incorporate EPA's Methods Update Rule amendments to 40 CFR Part 136.
This regulation contains the requirements for individual permits. The requirements found in this regulation are necessary to protect human health and the environment. It would not be protective of human health and the environment to allow small businesses to comply with less stringent standards.
Contact Information: Melissa Porterfield, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Water Control Board conducted a periodic review and a small business impact review of 9VAC25-860, Virginia Pollutant Discharge Elimination System General Permit for Potable Water Treatment Plants, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated September 22, 2020, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare. The regulation is clearly written and easily understandable.
The regulation is effective and continues to be needed and will be retained. The general permit covers point source discharges of wastewater from potable water treatment plants. Repealing this regulation would require these dischargers to obtain individual permits to conduct these activities.
Comments were received during the periodic review from the Southern Environmental Law Center and the Potomac Riverkeeper Network requesting the regulation be amended to include requirements related to polyfluoroalkyl substances (PFAS). Commenters requested PFAS monitoring to be conducted and disclosed. Commenters also requested potable water treatment plant discharges containing PFAS to not be permitted under the general permit but be issued individual permits with PFAS effluent limitations for each plant.
This regulation establishes procedures for obtaining coverage under this general permit and the applicable limitations and monitoring requirements for point source discharges of wastewaters from potable water treatment plants. This regulation is clearly written and easily understandable.
The regulation does not overlap, duplicate, or conflict with federal or state law or regulation as the State Water Control Board is the delegated authority to regulate point source discharges to surface water.
The State Water Control Board last reissued this regulation in 2018. This regulation is evaluated and necessary changes are made to the regulation when the permit is reissued.
The general VPDES permit accomplishes the objectives of applicable law, minimizes the costs to a small business owner, and simplifies the application process. Without the general permit, a small business owner would be required to obtain an individual permit, which would increase the complexity of a permit application and the costs to obtain permit coverage.
Contact Information: Melissa Porterfield, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.virginia.gov.
w –––––––––––––––––– w
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD FOR WATERWORKS AND WASTEWATER WORKS OPERATORS AND ONSITE SEWAGE SYSTEM PROFESSIONALS
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 and a small business impact review: 18VAC160-30, Waterworks and Wastewater Works Operators Licensing Regulations, and 18VAC160-40, Onsite Sewage System Professionals Licensing Regulations. The review will be guided by the principles in Executive Order 14 (as amended July 16, 2018).
The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to each 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 October 26, 2020, and ends November 16, 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: Trisha Henshaw, Executive Director, Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8595, FAX (866) 350-5354, or email waterwasteoper@dpor.virginia.gov.
w –––––––––––––––––– w
TITLE 24. TRANSPORTATION AND MOTOR VEHICLES
DEPARTMENT OF MOTOR VEHICLES
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Motor Vehicles (DMV) conducted a periodic review and a small business impact review of 24VAC20-40, Rules and Regulations on Accident Prevention Courses for Older Drivers, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated December 9, 2019, to support this decision.
The regulation is necessary for the protection of the public welfare. The regulation is intended to ensure that accident prevention courses for older drivers in Virginia provide adequate training for drivers and the regulation oversees the accident prevention courses curriculum requirements, obligations to participants, qualifications and other requirements for instructors, duration of curriculum, and other requirements.
Comments received centered around the length of the mature driver course. To maintain comparability between the driver improvement clinic and the mature driver motor vehicle crash prevention course that courts may order defendants to attend, both courses are required to provide eight hours of instruction. DMV will retain the regulation as is without making changes to the regulation.
DMV received comments during the public comment period indicating a need to amend the regulation. DMV has determined to retain the regulation as is at this time in order to maintain comparability between the driver improvement clinic and the mature driver motor vehicle crash prevention course. DMV has determined that the regulation is not overly complex and conforms to the Code of Virginia. DMV has also determined that the regulation does not overlap, duplicate, or conflict with federal or state law or regulation. DMV considered the degree to which technology, economic conditions, or other factors have changed in the area affected by the regulation and has determined that an amendment to the regulation is not necessary at this time.
Contact Information: Melissa Velazquez, Legislative Services Manager, Department of Motor Vehicles, P.O. Box 27412, Richmond, VA 23269-0001, telephone (804) 367-1844, FAX (804) 367-6631, TDD (800) 272-9268, or email melissa.velazquez@dmv.virginia.gov.