STATE BOARD OF SOCIAL SERVICES

Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Social Services is conducting a periodic review and small business impact review of 22VAC40-325, Fraud Reduction/Elimination Effort. The review of this regulation will be guided by the principles in Executive Order 17 (2014).

The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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.

The comment period begins July 28, 2014, and ends August 18, 2014.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Sandy Smith, Program Manager, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7679, FAX (804) 726-7669, or email sandy.smith@dss.virginia.gov.

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 Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

STATE WATER CONTROL BOARD

Small Business Impact Review - 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 9VAC25-650, Closure Plans and Demonstration of Financial Capability, and determined that this regulation should be retained in its current form. The State Water Control Board is publishing its report of findings dated June 30, 2014, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation is necessary to protect public health, safety, and welfare. The purpose of the regulation is to ensure that owners or operators of privately owned sewerage systems and sewerage treatment works that discharge between 1,000 gallons and 40,000 gallons per day are capable of continuing to treat sewage and are capable of properly closing facilities. The proper operation of a sewage system or sewage treatment works to treat sewage before it is discharged into state waters is critical to protect public health and the environment. If a sewage treatment plant ceases to operate, untreated sewage would be discharged into state waters, would negatively impact state waters, and cause impacts to human health and the environment.

One commenter submitted a request to change the regulation. Aqua Virginia believes the regulation should be amended to include a corporate guarantee as an option to demonstrate financial capability. They believe this change would be beneficial for them and possibly reduce the cost of complying with these regulations for a company of the size and financial strength of Aqua.

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. Multiple financial mechanisms are available for use to demonstrate financial capability.

The regulation does not overlap, duplicate, or conflict with any state law or other state regulation.

This regulation was last revised in 2001. Since that time, technology has advanced and more treatment methods are available to be used at these types of sewage systems and sewage treatment works. Newer technologies are capable of removing more nutrients from sewage before it is discharged to state waters. Additionally, some smaller sewage systems are now no longer independently operated, but operated by larger companies.

This regulation satisfies the provisions of the law and legally binding state requirements and is effective in meeting its goals. The agency is recommending the regulation stay in effect.

In response to comments, however, the agency plans to begin a fast-track regulatory action to include a corporate financial test and corporate guarantee in this regulation to provide more options for owners to provide financial assurance. The agency also plans to make some editorial changes to the regulation.

Contact Information: Melissa Porterfield, Office of Regulatory Affairs, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4346, or email melissa.porterfield@deq.virginia.gov.

Small Business Impact Review - 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 9VAC25-780, Local and Regional Water Supply Planning, and determined that this regulation should be retained in its current form. The State Water Control Board is publishing its report of findings dated June 9, 2014, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

Water supply is a critical factor for the economic vitality and public health of the Commonwealth and its political subdivisions. Meeting the demand for water is complex and the amount available to meet these needs is finite. This regulation seeks to balance the water supply needs of localities with the promotion of water conservation and water reuse to minimize the demand on finite water supplies. This regulation continues to be needed to ensure adequate water supplies for use by the public while maintaining beneficial uses of state waters.

No comments were received concerning this regulation.

The regulation's level of complexity is appropriate to ensure that the regulated entities are able to develop and implement a water supply plan as efficiently and cost-effectively as possible. Details are provided concerning required plan contents to assist localities with developing plans that meet the requirements of the regulation. This information continues to be necessary and valid over time.

The regulation does not overlap, duplicate, or conflict with any federal or state law or regulation.

The regulation was adopted in 2005 and revised in 2006. The regulation contains a schedule for when water supply plans were to be developed and submitted to the Department of Environmental Quality for review. The schedule was based on the population of the community or communities included in the water supply plan. The last group of localities was required to submit water supply plans by November 2011. These plans were all approved by the department with conditions. The conditions must be met through plan revisions by the end of 2018. New plans must be resubmitted in 2023.

The department does not believe these regulations should be amended or repealed, consistent with the stated objectives of applicable law, to minimize the economic impact of regulations on small businesses. When the regulation was originally adopted, flexibility was included in the regulation to allow localities to select how they would create their water supply plans, either individually or with other localities. This allows localities to collaborate on the development of water supply plans and share the costs of developing the plans with other localities included in the plan. The department has highlighted for the localities and regional planning groups where there are water supply challenges to meeting their 2040 water expectations. This information forms the basis of ongoing work among localities and the Department in developing solutions to meeting these future water needs.

Contact Information: Sara Jordan, Senior Water Supply Planner, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574-7901, FAX (540) 574-7878, or email sara.jordan@deq.virginia.gov.

Proposed Consent Order for Belvedere Station Land Trust

An enforcement action has been proposed for Belvedere Station Land Trust for violations in Albemarle County, Virginia. A proposed consent order describes a settlement to resolve wetland mitigation violations at its Belvedere Development. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Steven W. Hetrick will accept comments by email at steven.hetrick@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, 4411 Early Road, Harrisonburg, VA 22801, from July 28, 2014, through August 27, 2014.

Proposed Consent Order for Virginia Hospital Center Arlington Health System

An enforcement action has been proposed for the Virginia Hospital Center Arlington Health System in Arlington, Virginia. The consent order describes a settlement to resolve violations of State Water Control Law and the applicable regulations associated with the Virginia Hospital Center and the Carlin Springs Health Campus. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Daniel Burstein will accept comments by email at daniel.burstein@deq.virginia.gov, FAX at (703) 583-3821, or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from July 29, 2014, through August 28, 2014.

Proposed Consent Order for Workman Oil Company

An enforcement action has been proposed for Workman Oil Company, regarding it's underground petroleum storage tanks in Alton, Virginia, for violations of State Water Control Law and regulations. The proposed enforcement action includes a civil charge and a schedule of compliance. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Robert Steele will accept comments by email at robert.steele@deq.virginia.gov, FAX at (540) 562-6725, or postal mail at Department of Environmental Quality, Roanoke Office, 3019 Peters Creek Road, Roanoke, VA 24019, from July 28, 2014, through August 27, 2014.

Public Participation Procedures for Water Quality Management Planning

Purpose of notice: The State Water Control Board is announcing a public comment period to receive comments through the Department of Environmental Quality (DEQ) on the draft revision to its Public Participation Procedures for Water Quality Management Planning.

Public Comment Period: July 28, 2014, through August 27, 2014.

Description: The document, Public Participation Procedures for Water Quality Management Planning, has been revised to be consistent with changes to Virginia's Administrative Process Act (APA) during the 2014 Session of the General Assembly. The 2014 General Assembly added a provision to the APA granting an exemption for the State Water Control Board's adoption, amendment, or repeal of wasteload allocations (WLAs) into the Water Quality Management Planning Regulation (WQMPR), 9VAC25-720. Therefore, the Public Participation Procedures for Water Quality Management Planning has been modified to include the exemption requirements under § 2.2-4006 A 14 of the APA and water quality actions resulting in adoption, amendment, or repeal of WLAs and procedures for board approval have been revised to meet the exemption criteria. Additional revisions include changes for formatting and changes for clarification of procedures.

In accordance with the Public Participation Procedures for Water Quality Management Planning, an opportunity for public comment for this revision is being noticed and appears in the July 28, 2014, Virginia Register of Regulations. The draft revision to the Public Participation Procedures for Water Quality Management Planning may be found on DEQ's website at the following link under the "Featured Topics" column: http://www.deq.virginia.gov/Programs/
Water/WaterQualityInformationTMDLs/TMDL.aspx.

How to Comment: Anyone wishing to submit written comments may do so by mail, fax, or email to Debra Harris at Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, Virginia, 23218, FAX at (804) 698-4019, or email at debra.harris@deq.virginia.gov. Comments must include the name and address of the commenter. In order to be considered, comments must be received by 11:59 p.m. on August 27, 2014.

How a decision is made: After comments have been considered, the board will make the final decision. Citizens who submit statements during the comment period may address the board members during the board meeting at which a final decision is made on the revised document.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, General Assembly Building, 201 North 9th Street, 2nd Floor, Richmond, VA 23219; Telephone: Voice (804) 786-3591; FAX (804) 692-0625; Email: varegs@dls.virginia.gov.

Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at http://www.virginia.gov/connect/commonwealth-calendar.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/documents/cumultab.pdf.

Filing Material for Publication in the Virginia Register of Regulations: Agencies use the Regulation Information System (RIS) to file regulations and related items for publication in the Virginia Register of Regulations. The Registrar's office works closely with the Department of Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent regulatory information.

ERRATA

BOARD OF HOUSING AND COMMUNITY DEVELOPMENT

Title of Regulation: 13VAC5-51. Virginia Statewide Fire Prevention Code.

Publication: 30:16 VA.R. 2027-2071 April 7, 2014.

Correction to Final Regulation:

Page 2035, 13VAC5-51-81 C, Table 107.2, Operational Permit Requirements, under the entry for Hazardous materials, footnote b is corrected to begin with "Two hundred pounds" instead of "Twenty pounds"

VA.R. Doc. No. R12-3161; Filed July 10, 2014, 10:04 a.m.

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Title of Regulation: 13VAC5-63. Virginia Uniform Statewide Building Code.

Publication: 30:16 VA.R. 2071-2232 April 7, 2014.

Correction to Final Regulation:

Page 2165, 13VAC5-63-220 A, replace "403.4.4" with "[ 403.4.4 403.4.5 ]"

VA.R. Doc. No. R12-3159; Filed July 11, 2014, 11:44 a.m.