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 9VAC5-50, New and Modified Stationary Sources, and determined that this regulation should be retained in its current form. The department is publishing its report of findings to support this decision.
This regulation is necessary for the protection of public health and welfare as they are needed to meet the primary goals of the federal Clean Air Act (CAA): the attainment and maintenance of the National Ambient Air Quality Standards (NAAQS), the prevention of significant deterioration of air quality in areas cleaner than the NAAQS, the prevention visibility impairment in Class I areas, and the control of source specific pollutant types.
The NAAQS, developed and promulgated by the U.S. Environmental Protection Agency (EPA), establish the maximum limits of pollutants that are permitted in the ambient air in order to protect public health and welfare. EPA requires that each state submit a state implementation plan (SIP), including any laws and regulations necessary to enforce the plan, which shows how the air pollution concentrations will be reduced to levels at or below these standards (attainment). Once the pollution levels are within the standards, the SIP must also demonstrate how the state will maintain the air pollution concentrations at the reduced levels (maintenance).
An SIP is the key to the state's air quality programs. The CAA is specific concerning the elements required for an acceptable SIP. If a state does not prepare such a plan, or EPA does not approve a submitted plan, then EPA itself is empowered to take the necessary actions to attain and maintain the air quality standards. EPA would have to promulgate and implement an air quality plan for that state. EPA is also by law required to impose sanctions in cases where there is no approved plan or the plan is not being implemented. The sanctions consist of loss of federal funds for highways and other projects or more restrictive requirements for new industry. Generally, the plan is revised, as needed, based upon changes in the CAA and its requirements.
The basic approach to developing an SIP is to examine air quality across the state, delineate areas where air quality needs improvement, determine the degree of improvement necessary, inventory the sources contributing to the problem, develop a control strategy to reduce emissions from contributing sources enough to bring about attainment of the air quality standards, implement the strategy, and take the steps necessary to ensure that the air quality standards are not violated in the future.
The heart of the SIP is the control strategy. The control strategy describes the emission reduction measures to be used by the state to attain and maintain the air quality standards. Of the basic types of measures, 9VAC5-50 addresses stationary source control measures. Stationary source control measures limit emissions primarily from commercial or industrial facilities and operations and include emission limits, control technology requirements, preconstruction permit programs for new industry and expansions, and source-specific control requirements. Stationary source control measures also include area source control measures that are directed at small businesses and consumer activities.
Federal guidance on states' approaches to the inclusion of control measures in the SIP has varied considerably over the years, ranging from very general in the early years of the CAA to very specific in more recent years. Many regulatory requirements were adopted in the 1970s when no detailed guidance existed. The legally binding federal mandate for these regulations is general, not specific, consisting of the CAA's broad-based directive to states to attain and maintain the air quality standards. However, in recent years, the CAA and EPA regulations and policy have become much more specific, thereby removing much of state discretion to craft air quality control programs.
Generally, an SIP is revised, as needed, based upon changes in air quality or statutory requirements. For the most part the SIP has worked, and the standards have been attained for most pollutants in most areas. Therefore, these specific SIP provisions, including implementation of the standards of this regulation and implementation of the compliance, testing, monitoring, and recordkeeping provisions of this regulation that are generally applicable to all new and modified stationary sources in the Commonwealth, are necessary for the protection of public health and welfare.
In contrast to the pollutant-specific focus of the § 110 NAAQS/SIP program, the § 111 New Source Performance Standards (NSPS) program focuses on specific source types. An NSPS facility may emit varying levels of NAAQS pollutants but may also emit pollutants unique to its processes and products. For example, large municipal waste combustors emit sulfur dioxide and nitrogen oxides, which are subject to NAAQS, but also emit metals (such as cadmium and mercury), acid gases (such as hydrogen chloride), and organics (such as dioxin/furan). This focused control of emissions on certain facility types is important for the protection of public health and welfare as it affords targeted controls of pollutants otherwise not covered by a specific standard.
In summary, this regulation has been effective in protecting public health and welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth, ensuring that owners comply with air pollution emission limits and control technology requirements. The following specific pollutants are being effectively controlled under this regulation:
- Part I and Part II, Articles 1 and 4: Visible emissions, fugitive dust, and fugitive emissions.
- Part I and Part II, Articles 4 and 5: Particulate matter, carbon monoxide, sulfur dioxide, nitrogen oxides, volatile organic compounds, lead, hydrogen sulfide, fluorides, sulfuric acid mist, total reduced sulfur, nonmethane organic compounds; other pollutants depending on process category.
- Part I and Part II, Articles 2 and 4: Odor-causing emissions.
The department has determined that this regulation is clearly written and easily understandable by the individuals and entities affected. The regulation is written so as 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 the regulation's goals; therefore, the regulation is being retained without amendment. This regulation continues to be needed. The regulation provides sources with the most cost-effective means of fulfilling ongoing state and federal requirements that protect air quality. 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.
The regulation does not overlap, duplicate, or conflict with any state law or other state regulation. The regulation was last reviewed in 2018. Over time, it generally becomes less expensive to characterize, measure, and mitigate the regulated pollutants that contribute to poor air quality. The regulation 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.
The department has thoroughly examined the regulation and 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: Rachael Harrell, Board Coordinator, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 801-2932, or email rachael.harrell@deq.virginia.gov.
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 9VAC5-70, Air Pollution Episode Prevention, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated September 7, 2022, to support this decision.
The regulation is necessary for the protection of public health and welfare, as it is needed to meet the primary goals of the federal Clean Air Act (CAA): the attainment and maintenance of the National Ambient Air Quality Standards (NAAQS) and the prevention of significant deterioration of air quality in areas cleaner than the NAAQS.
The NAAQS, developed and promulgated by EPA, establish the maximum limits of pollutants that are permitted in the ambient air in order to protect public health and welfare. EPA requires that each state submit a state implementation plan (SIP), including any laws and regulations necessary to enforce the plan, which shows how the air pollution concentrations will be reduced to levels at or below these standards (attainment). Once the pollution levels are within the standards, the SIP must also demonstrate how the state will maintain the air pollution concentrations at the reduced levels (maintenance).
An SIP is the key to the state's air quality programs. The CAA is specific concerning the elements required for an acceptable SIP. If a state does not prepare such a plan, or EPA does not approve a submitted plan, then EPA itself is empowered to take the necessary actions to attain and maintain the air quality standards. EPA would have to promulgate and implement an air quality plan for that state. EPA is also, by law, required to impose sanctions in cases where there is no approved plan or the plan is not being implemented. Sanction may consist of loss of federal funds for highways and other projects or more restrictive requirements for new industry. Generally, the plan is revised, as needed, based upon changes in the federal CAA and its requirements.
The basic approach to developing an SIP is to examine air quality across the state, delineate areas where air quality needs improvement, determine the degree of improvement necessary, inventory the sources contributing to the problem, develop a control strategy to reduce emissions from contributing sources enough to bring about attainment of the air quality standards, implement the strategy, and take the steps necessary to ensure that the air quality standards are not violated in the future.
The heart of the SIP is the control strategy. The control strategy describes the emission reduction measures to be used by the state to attain and maintain the air quality standards. There are three basic types of measures: stationary source control measures, mobile source control measures, and transportation source control measures. Stationary source control measures limit emissions primarily from commercial and industrial facilities and operations and include emission limits, control technology requirements, preconstruction permit programs for new industry and expansions, and source-specific control requirements. Stationary source control measures also include area source control measures that are directed at small businesses and consumer activities. Mobile source control measures are directed at tailpipe and other emissions primarily from motor vehicles. Transportation control measures limit the location and use of motor vehicles.
Federal guidance on states' approaches to the inclusion of control measures in the SIP has varied considerably over the years, ranging from very general in the early years of the CAA to very specific in more recent years. Many regulatory requirements were adopted in the 1970s when no detailed guidance existed. The legally binding federal mandate for this regulation is general, not specific, consisting of the CAA's broad-based directive to states to attain and maintain the air quality standards. However, in recent years, the CAA, along with EPA regulations and policy, has become much more specific, thereby removing much of the states’ discretion to craft their own air quality control programs.
Generally, an SIP is revised, as needed, based upon changes in air quality or statutory requirements. For the most part the SIP has worked, and the standards have been attained for most pollutants in most areas. Therefore, these specific SIP provisions, including implementation of this regulation, are necessary for the protection of public health and welfare.
The regulation has been effective in protecting public health and welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth. It establishes procedures to be taken when an "air pollution episode" occurs as required under 40 CFR Part 51, Subpart H. An air pollution episode is a situation that is declared by responsible authorities when weather or air pollution conditions or both indicate a potential threat to human health. This regulation describes the escalating stages of air conditions and the concurrent control requirements. The purpose of the regulation is to prevent the excessive buildup of air pollutants during air pollution episodes, thereby preventing the occurrence of an emergency due to the effects of the pollutants on human health.
The department has determined that the regulation is clearly written and easily understandable by the individuals and entities affected. It is written so as 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. It provides sources with the most cost-effective means of fulfilling ongoing state and federal requirements that protect air quality. 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 regulation was last reviewed in 2018. 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 provide the most efficient and cost-effective means to determine the level and impact of excess emissions and to control those excess emissions.
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: Rachael Harrell, Board Coordinator, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 801-2932, or email rachael.harrell@deq.virginia.gov.
Agency Notice
Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review and a small business impact review: 9VAC5-220, Variance for Rocket Motor Test Operations at Aerojet Rocketdyne Inc. Orange County Facility. The review will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic 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 October 10, 2022, and ends October 31, 2022.
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: Karen G. Sabasteanski, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-1973, or email karen.sabasteanski@deq.virginia.gov.
VIRGINIA WASTE MANAGEMENT BOARD
Agency Notice
Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, this regulation is undergoing a periodic review and a small business impact review: 9VAC20-90, Solid Waste Management Permit Action Fees and Annual Fees. The review of this regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic 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 October 10, 2022, and ends October 31, 2022.
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: Sanjay Thirunagari, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-1532, or email sanjay.thirunagari@deq.virginia.gov.
Agency Notice
Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, this regulation is undergoing a periodic review and a small business impact review: 9VAC20-170, Transportation of Solid and Medical Wastes on State Waters. The review of this regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic 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 October 10, 2022, and ends October 31, 2022.
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: Suzanne Taylor, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-1533, or email suzanne.taylor@deq.virginia.gov.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF NURSING
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Nursing conducted a periodic review and a small business impact review of 18VAC90-19, Regulations Governing the Practice of Nursing, and determined that this regulation should be amended. The department is publishing its report of findings dated September 13, 2022, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare because it sets for the requirements for licensure and standards of practice for nursing. The regulation is necessary to continue to renew licenses for registered nurses (RNs) and licensed practical nurses (LPNs) and to issue new licenses for RNs and LPNs, which the General Assembly determined is a necessary component of the provision of health care in the Commonwealth. The regulation is additionally necessary to protect public health, safety, and welfare by providing a basis for disciplinary actions against practitioners. The Board of Nursing has reviewed this regulation and determined that it is clearly written and understandable. The board decided to retain the regulation with amendments. Amendments will include elimination of outdated provisions and language and updates to procedures and requirements.
The agency realizes the continued need to license and regulate RNs and LPNs for both public access to basic health care and protection of the public. The agency received no comments regarding the periodic review of this chapter. The regulation is not unnecessarily complex, but does involve, for example, the standard of care for RNs and LPNs, including delegation of nursing tasks. The majority of the regulation, however, solely involves licensing and is not complex at all. There may be some overlap with state statutes or federal law. The agency will review those overlaps and likely eliminate them as it finalizes intended changes. This regulation was created during a reorganization in 2017 and has been amended 12 times since then. The Board of Nursing and the agency do not wait four years for periodic reviews to make regulatory changes as a whole; instead, the health regulatory boards promulgate changes, including those related to technology, economic conditions, and other factors, as needed. The regulation impacts health care practitioners that the General Assembly requires the board to regulate. They do not impact small businesses. Therefore, there is no economic impact to minimize.
Contact Information: Jay P. Douglas, R.N., Executive Director, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4520, or email jay.douglas@dhp.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Nursing conducted a periodic review and a small business impact review of 18VAC90-21, Medication Administration Training and Immunization Protocol, and determined that this regulation should be amended. The department is publishing its report of findings dated September 13, 2022, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare because it establishes requirements for medication administration training programs. The regulation is necessary to continue to train individuals for medication administration and administration of adult immunizations, which the General Assembly determined is a necessary component of the provision of health care in the Commonwealth. The regulation is additionally necessary to protect public health, safety, and welfare by providing an accountability method for educational programs for medication administration and immunization administration. The Board of Nursing has reviewed this regulation and determined that it is clearly written and understandable. The board decided to retain the regulation with amendments. Amendments will include elimination of outdated provisions and language and updates to procedures and requirements.
The agency realizes the continued need to approve and regulate educational programs related to the nursing profession for both public access to basic healthcare and protection of the public. The agency received two comments in response to the periodic review of this chapter. Those comments, however, involve concerns with 18VAC90-60. The regulation is not unnecessarily complex. There may be some overlap with state statutes or federal law. The agency will review those overlaps and likely eliminate them as it finalizes intended changes. This chapter was created during a reorganization in 2014 and has been amended once since then. The Board of Nursing and the agency do not wait four years for periodic reviews to make regulatory changes as a whole; instead, the health regulatory boards promulgate changes, including those related to technology, economic conditions, and other factors, as needed. The board will review any economic impact of the regulations on small businesses at the time it suggests amendments. The regulation, however, is minimal prior to any regulatory amendments.
Contact Information: Jay P. Douglas, R.N., Executive Director, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4520, or email jay.douglas@dhp.virginia.gov.
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TITLE 19. PUBLIC SAFETY
VIRGINIA FIRE SERVICES BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Fire Programs conducted a periodic review and a small business impact review of 19VAC15-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The department is publishing its report of findings dated September 19, 2022, to support this decision.
The regulation remains the same. The agency has made the decision to retain the regulation as it is without making any changes.
Contact Information: Theresa Hunter, Financial Services Manager I, Department of Fire Programs, 1005 Technology Park Drive, Glen Allen, VA 23059, telephone (804) 249-1958, or email theresa.hunter@vdfp.virginia.gov.