TITLE 2. AGRICULTURE
BOARD OF AGRICULTURE AND CONSUMER SERVICES
Agency Notice
Pursuant §§ 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: 2VAC5-390. Rules and Regulations for the Enforcement of the Virginia Seed Law.
The Notice of Intended Regulatory Action to amend 2VAC5-390, which is published in this issue of the Virginia Register, serves as the agency notice of announcement.
Contact Information: David Gianino, Program Manager, Office of Plant Industry Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3515, FAX (804) 371-7793, TDD (800) 828-1120, or email david.gianino@vdacs.virginia.gov.
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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 9VAC5-220, Variance for Rocket Motor Test Operations at Aerojet Rocketdyne Inc. Orange County Facility, and determined that this regulation should be retained as is. The department is publishing its report of findings dated November 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 (PSD) of air quality in areas cleaner than the NAAQS.
The NAAQS, developed and promulgated by the U.S. Environmental Protection Agency (EPA), establish the maximum limits of pollutants that are permitted in the outside 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 attainment 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, that is, it 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.
Federal guidance on state 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, EPA regulations, and EPA policy have become much more specific, thereby removing much of an individual state's discretion to craft its 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. However, attainment of NAAQS for the pollutant ozone has proven problematic. While ozone is needed at the earth's outer atmospheric layer, excess concentrations at the surface have an adverse effect on human health and welfare. Ozone is formed by a chemical reaction between volatile organic compounds (VOCs), nitrogen oxides (NOX), and sunlight. When VOC and NOX emissions are reduced, ozone is reduced.
The CAA establishes a process for evaluating the air quality in each region and identifying and classifying each nonattainment area according to the severity of its air pollution problem. Nonattainment areas are classified as marginal, moderate, serious, severe, or extreme. Marginal areas are subject to the least stringent requirements, and each subsequent classification (or class) is subject to successively more stringent control measures. Areas in a higher classification of nonattainment must meet the mandates of the lower classifications and the more stringent requirements of their class. In addition to the general SIP-related sanctions, nonattainment areas have unique sanctions. If a particular area fails to attain the federal standard by the legislatively mandated attainment date, EPA is required to reassign it to the next higher classification level (denoting a worse air quality problem), thus subjecting the area to more stringent air pollution control requirements. The CAA includes specific provisions requiring these sanctions to be issued by EPA if so warranted.
Once a nonattainment area is defined, each state is then obligated to submit an SIP demonstrating how it will attain the air quality standards in each nonattainment area. Certain specific control measures and other requirements must be adopted and included in the SIP. In cases where the specific federal control measures are inadequate to achieve the emission reductions or attain the air quality standard, the state is obligated to adopt additional control measures as necessary to achieve this end.
The regulation provides for the control of particulate matter from a facility that cannot meet the opacity standard. Due to the nature of the testing operations, the company had no appropriate method by which it could demonstrate compliance with the board's opacity standards. The board, therefore, granted a variance for the testing facility that enabled it to demonstrate compliance through meeting a particulate matter standard as an alternative to the opacity standard.
The variance for Aerojet Rocketdyne Inc. was adopted by the board in 2002. No significant changes have occurred at the facility that would require a modification to the variance.
The regulation has been effective in protecting public health and welfare with the least possible cost and intrusiveness to the citizens and the facility. The regulation ensures that the owners comply with air pollution emission limits and control technology requirements in order to control levels of particulate matter emitted into the ambient air during rocket testing and prohibiting emissions that would contribute to nonattainment of the national air quality standards or interference with maintenance of those standards.
The department has determined that the regulation is clearly written and easily understandable by the individuals and the facility 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. The variance for Aerojet Rocketdyne Inc., is necessary as the facility is still in operation. The variance is required to address the need for control of particulate matter in lieu of the opacity limitations. Therefore, the regulation is being retained as is.
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 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 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 and relevant public comments, has determined that the regulatory requirements have no impact on small businesses. The affected facility is owned by Aerojet Rocketdyne, which employs 5,000 persons and does not qualify as a small business under Virginia law.
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.
Agency Notice
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, these regulations are undergoing a periodic review and a small business impact review: 9VAC5-520, Biomass Energy Generator General Permit for a Pilot Test Facility, and 9VAC5-530, Electric Generator Voluntary Demand Response General Permit. The purpose of a periodic 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 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 December 5, 2022, and ends December 26, 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.
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TITLE 12. HEALTH
STATE BOARD OF HEALTH
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-191, State Plan for the Children with Special Health Care Needs Program, and determined that this regulation should be retained as is. The department is publishing its report of findings dated August 3, 2022, to support this decision.
The regulation meets the criteria set out in Executive Order 19 (2022) as the regulation is necessary for the protection of public health, safety, and welfare of infants born in the Commonwealth of Virginia and their families. The regulation is clearly written and understandable.
The Virginia Department of Health is recommending the regulation be retained as is without change. The regulation, in its current form, allows for the ongoing provision of services for children with special health care needs. The regulation is essential to outline program services for children with special health care needs. Program services are provided through available appropriations under federal Title V funds to eligible Virginia residents. No public comments were received. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with any known federal or state law or regulation. Regulations are evaluated on an ongoing basis, and this regulation was last amended in May 2021. The regulation was amended in response to a 2020 General Assembly legislative mandate to promulgate a new regulation to implement an adult comprehensive sickle cell clinic network. Retaining the regulation in its current form does not appear to cause an adverse economic impact on small businesses in the Commonwealth of Virginia.
Contact Information: Marcus Allen, Program Administrative Specialist, Office of Family Health Services, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7716.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-200, Regulations Governing Eligibility Standards and Charges for Medical Care Services to Individuals, and determined that this regulation should be amended. The department is publishing its report of findings dated October 18, 2022, to support this decision.
The regulation is necessary for the protection of public health, safety, and welfare by establishing a means to identify an individual as medically indigent for the purposes of receiving no cost medical services by the Virginia Department of Health. It also establishes a framework of charges and an incremental charge scale based on a person's ability to pay, which will be consistently applied throughout the department and its local offices. In addition, it allows services to reduce vaccine-preventable and other communicable diseases to be provided at low cost or no cost to individuals with limited ability to pay for them. The regulation includes extensive definitions of the most basic terms, references to the Code of Virginia where applicable, and is clearly worded without undefined acronyms or technical terms.
The agency's decision is to amend the regulation to make format and style changes, procedural updates, add reference to a change made to the Code of Virginia, add clarifying language, and remove any unnecessary, duplicative, or nonregulatory language.
The regulation is necessary to provide details to local health department offices on the structure for charging for medical services and assessing a client's ability to pay in a consistent manner statewide. There were no public comments or complaints submitted concerning this regulation. The regulation is not complex. The regulation does not duplicate or conflict with federal or state law or regulation. The regulation is assessed on a continual basis to evaluate if changes in technology, economic conditions, or other factors in the area affected by the regulation indicate a need for an amendment to reflect current state.
Contact Information: Lisa Park, Health Care Reimbursement Manager, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7018.
Agency Notice
Pursuant to Executive Order 19 (2022) 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: 12VAC5-613, Regulations for Alternative Onsite Sewage Systems and 12VAC5-650, Schedule of Civil Penalties. The review of each regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic 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 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 December 5, 2022, and ends January 5, 2023.
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: Lance Gregory, Division Director, Virginia Department of Health, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7491.
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TITLE 22. SOCIAL SERVICES
STATE BOARD OF SOCIAL SERVICES
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: 22VAC40-910, General Provisions for Maintaining and Disclosing Confidential Information of Public Assistance, Child Support Enforcement, and Social Services Record. 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 December 5, 2022, and ends December 26, 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: Gail Jennings, PhD, Senior Research Associate, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 615-4000.