STATE AIR POLLUTION CONTROL BOARD

Opportunity for Public Comment on the Proposed State Implementation Plan Revision - Northern Virginia Ozone Nonattainment Area Certifications

Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed plan to attain and maintain the national ambient air quality standard (NAAQS) for ozone in the Northern Virginia Ozone Nonattainment Area. The Commonwealth intends to submit the plan as a revision to the Commonwealth of Virginia State Implementation Plan (SIP) in accordance with the requirements of § 110(a) of the federal Clean Air Act (the Act). The SIP is the plan developed by the Commonwealth in order to fulfill its responsibilities to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Act.

Purpose of notice: DEQ is seeking public comment on the overall plan and on the issue of whether the plan demonstrates Virginia's ability to implement EPA's emissions statement requirements and nonattainment new source review program for ozone nonattainment areas subject to the 2015 NAAQS.

Public comment period: May 27, 2019, to June 26, 2019.

Public hearing: A public hearing will be conducted if a request is made in writing to the contact listed at the end of this notice. In order to be considered, the request must include the full name, address, and telephone number of the person requesting the hearing and be received by DEQ by the last day of the public comment period. Notice of the date, time, and location of any requested public hearing will be announced in a separate notice, and another 30-day comment period will be conducted.

Description of proposal: The proposed revision consists of a certification for the Northern Virginia Ozone Nonattainment Area that Virginia's existing emissions statement requirements are at least as stringent as the requirements at § 182(a)(3)(B) of the federal Clean Air Act. The nonattainment area consists of the Counties of Arlington, Fairfax, Loudoun, and Prince William; and the Cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park.

Federal information: This notice is being given to satisfy the public participation requirements of 40 CFR 51.102. The proposal will be submitted as a revision to the Commonwealth of Virginia SIP under § 110(a) of the federal Clean Air Act in accordance with 40 CFR 51.104. DEQ plans to submit all provisions of the proposal as a revision to the SIP.

How to comment: DEQ accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by DEQ on the last day of the comment period. All materials received are part of the public record.

To review proposal: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website at http://www.deq.virginia.gov/Programs/Air
/PublicNotices/airplansandprograms.aspx. The documents may also be obtained by contacting the DEQ representative listed. The public may review the documents between 8:30 a.m. and 4:30 p.m. of each business day until the close of the public comment period at the following DEQ locations:

1) Main Street Office, 1111 East Main Street, Suite 1400, Richmond, VA, telephone (804) 698-4070 and 2) Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone (703) 583-3800.

Contact Information: Doris A. McLeod, 1111 East Main Street, Suite 1400, P.O. Box 1405, Richmond, VA 23218, telephone (804) 698-4197, FAX (804) 698-4510, or email doris.mcleod@deq.virginia.gov.

BOARD FOR CONTRACTORS

Periodic Review and Small Business Impact Review

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 Board for Contractors is conducting a periodic review and small business impact review of each listed regulation. The review of each regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

18VAC50-11, Public Participation Guidelines

18VAC50-22, Board for Contractors Regulations

18VAC50-30, Individual License and Certification Regulations

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 May 27, 2019, and ends June 17, 2019.

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 Eric L. Olson, Executive Director, Board for Contractors, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-2785, FAX (866) 430-1033, or email contractor@dpor.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 the review will be posted on the Virginia Regulatory Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Meherrin Solar LLC Revised Notice of Intent - Small Renewable Energy Project (Solar) - Brink, Greensville County

Meherrin Solar LLC, a wholly-owned subsidiary of Brookfield Renewable, has provided to the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Brink, Virginia pursuant to 9VAC15-60. The project has increased in size since the previous Notice of Intent was published in 33:24 VA.R. 2738 July 24, 2017. The project is located on the east and west side of Pine Logging Road and south of Brink Road in Greensville County. The project will be sited on roughly 840 acres across multiple parcels. The solar array will connect up to 60 megawatts alternating current (AC) to Dominion Virginia Power's grid via a new 115-kilovolt substation built off of a nearby Dominion-owned transmission line. The project will conceptually use 215,000 395-watt standard photovoltaic solar panels on a single axis tracker to follow the sun throughout the day.

Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4319, or email mary.major@deq.virginia.gov.

Notice of Public Comment Opportunity - 2020 Water Quality Assessment Guidance Manual

The Virginia Department of Environmental Quality (DEQ) will release the draft 2020 Water Quality Assessment Guidance Manual on May 28, 2019.

Virginia's 2020 Water Quality Assessment Guidance Manual contains the assessment procedures and methods to be used for the development of Virginia's 2020 § 305(b)/§ 303(d) Integrated (i.e., combined Water Quality Assessment and Impaired Waters) Report. The assessment guidance seeks to address all key elements of the U.S. Environmental Protection Agency's (EPA) 2006 Assessment Guidance and subsequent updates through April 2019. In addition, the assessment guidance includes the assessment methodology for the Chesapeake Bay Water Quality Standards established by EPA and adopted by Virginia (Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity, and Chlorophyll a for the Chesapeake Bay and Its Tidal Tributaries).

A copy of the draft 2020 Water Quality Assessment Guidance Manual will be available for download on May 28, 2019, from the DEQ Water Quality Assessment webpage at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/WaterQualityAssessments.aspx. A hard copy can also be requested from Amanda Shaver, DEQ Water Quality Assessment Coordinator, using the contact information listed at the end of this notice.

Modifications have been made to the guidance document since 2018. The most notable change pertains to the inclusion of the recently effective EPA Chesapeake Bay Technical Addendum. A complete list of significant guidance modifications are described in Part II of the manual.

Section 62.1-44.19:5 C of the Code of Virginia requires DEQ to develop and publish the procedures used for defining and determining impaired waters and to provide for public comment on the procedures. The public is invited to submit written comments through June 27, 2019. Comments should include the name, address, telephone number, and, if applicable, the email address of each person or organization submitting comments. Comments and related correspondence should be addressed to Amanda Shaver. Responses to comments received will be made collectively, via a response document. The response document will be posted on the assessment webpage along with the final guidance manual.

Contact Information: Amanda Shaver, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4181, FAX (804) 698-4032, or via email amanda.shaver@deq.virginia.gov.

STATE BOARD OF HEALTH

Periodic Review and Small Business Impact Review

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 State Board of Health is conducting a periodic review and small business impact review of each listed regulation. The review of each 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 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.

12VAC5-90, Regulations for Disease Reporting and Control

12VAC5-115, Virginia Immunization Information System

Agency Contact: Kristin Collins, Policy Analyst, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7298, or email kristin.collins@vdh.virginia.gov.

12VAC5-508, Regulations Governing the Virginia Physician Loan Repayment Program

12VAC5-510, Regulations for General Assembly Nursing Scholarships

12VAC5-540, Rules and Regulations for the Identification of Medically Underserved Areas in Virginia

Agency Contact: Olivette Burroughs, Program Manager, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7431, or email olivette.burroughs@vdh.virginia.gov.

Public comment period begins May 27, 2019, and ends June 17, 2019.

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 the agency contacts listed in this notice.

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

COMMISSION ON LOCAL GOVERNMENT

Schedule for the Assessment of State and Federal Mandates on Local Governments

Pursuant to the provisions of § 2.2-613 and subdivision 6 of § 15.2-2903 of the Code of Virginia, the following schedule, established by the Commission on Local Government and approved by Secretary of Commerce and Trade, R. Brian Ball, and Governor Ralph S. Northam, represents the timetable that the listed executive agencies will follow in conducting their assessments of certain state and federal mandates that they administer that are imposed on local governments. Such mandates are new (in effect for at least 24 months), newly identified, or have been significantly altered as to warrant a reassessment of the mandate (and have been in effect for 24 months). In conducting these assessments, agencies will follow the process established by Executive Order 58, which became effective October 11, 2007. These mandates are abstracted in the Catalog of State and Federal Mandates on Local Governments published by the Commission on Local Government.

For further information, contact Kristen Dahlman, Senior Policy Analyst, Commission on Local Government, telephone (804) 371-7017, email kristen.dahlman@dhcd.virginia.gov, or visit the Commission's website at www.dhcd.virginia.gov.

STATE AND FEDERAL MANDATES ON LOCAL GOVERNMENTS

Approved Schedule of Assessment Periods – July 2019 through June 2020

For Executive Agency Assessment of Cataloged Mandates

Approved by the Commission on March 14, 2019

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Opportunity for Public Comment on Draft Durable Medical Equipment Provider Manual for
Stakeholder Input

Public comment period: April 30, 2019, through May 30, 2019.

Changes to the Durable Medical Equipment Provider Manual (Chapters 4 and 6) are now posted on the Department of Medical Assistance Services website at http://www.dmas.virginia.gov/#/manualdraft for public comment through May 30, 2019.

Agency Contact: Emily McClellan, Regulatory Manager, Division of Policy and Research, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, TDD (800) 343-0634, or email emily.mcclellan@dmas.virginia.gov.

Opportunity for Public Comment on Draft Peer Recovery Support Services Supplement for Stakeholder Input

Public comment period: May 8, 2019, through June 7, 2019.

Changes to the Peer Recovery Support Services Supplement are now posted on the Department of Medical Assistance Services website at http://www.dmas.virginia.gov/#/manualdraft for public comment through June 7, 2019.

Contact Information: Emily McClellan, Regulatory Manager, Division of Policy and Research, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, TDD (800) 343-0634, or email emily.mcclellan@dmas.virginia.gov.

DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION

Periodic Review and Small Business Impact Review

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 Department of Professional and Occupational Regulation is conducting a periodic review and small business impact review of 18VAC120-30, Regulations Governing Polygraph Examiners. 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 May 27, 2019, and ends June 17, 2019.

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 Eric L. Olson, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-7226, FAX (866) 430-1033, or email polygraph@dpor.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 BOARD OF SOCIAL SERVICES

Periodic Review and Small Business Impact Review

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 State Board of Social Services is conducting a periodic review and small business impact review of 22VAC40-890, Human Subjects Research Regulations. 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 economic 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 May 27, 2018, and ends June 17, 2019.

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 Eleanor Brown, IRB Administrator and Chair, Virginia Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7076, FAX (804) 726-7906, or email eleanor.brown@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.

BOARD FOR WASTE MANAGEMENT FACILITY OPERATORS

Periodic Review and Small Business Impact Review

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 Board for Waste Management Facility Operators is conducting a periodic review and small business impact review of each listed regulation. The review of each regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

18VAC155-11, Public Participation Guidelines

18VAC155-20, Waste Management Facility Operators Regulations

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 May 27, 2019, and ends June 17, 2019.

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 Eric L. Olson, Executive Director, Board for Waste Management Facility Operators, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8511, FAX (866) 430-1033, or email wastemgt@dpor.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 the review will be posted on the Virginia Regulatory Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

STATE WATER CONTROL BOARD

Proposed Enforcement Action for Fauquier County Public Schools

An enforcement action has been proposed for Fauquier County Public Schools for violations of the State Water Control Law at the H.M. Pearson Elementary School sewage treatment plant facility located in Fauquier County, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed in this notice or online at www.deq.virginia.gov. Jim Datko will accept comments by email at james.datko@deq.virginia.gov or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from May 28, 2019, through June 27, 2019.

Proposed Enforcement Action for Fauquier County Public Schools

An enforcement action has been proposed for Fauquier County Public Schools for violations of the State Water Control Law at the Mary Walter Elementary School sewage treatment plant facility located in Fauquier County, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed in this notice or online at www.deq.virginia.gov. Jim Datko will accept comments by email at james.datko@deq.virginia.gov or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from May 28, 2019, through June 27, 2019.

Proposed Consent Order for Forza Automotive Group Corporation

An enforcement action has been proposed for Forza Automotive Group Corporation for violations of the State Water Control Law and regulations at the Forza Automotive facility located in Fredericksburg, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Forza Automotive facility. A description of the proposed action is available at the Department of Environmental Quality office listed in this notice or online at www.deq.virginia.gov. Benjamin Holland will accept comments by email at benjamin.holland@deq.virginia.gov or by postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from May 28, 2019, through June 27, 2019.

Proposed Consent Order for Vistas at
Lake Manassas LLC

An enforcement action has been proposed for Vistas at Lake Manassas LLC for violations of the State Water Control Law and regulations at the Vistas at Lake Manassas facility located in Gainesville, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Vistas at Lake Manassas facility. A description of the proposed action is available at the Department of Environmental Quality office listed in this notice or online at www.deq.virginia.gov. Benjamin Holland will accept comments by email at benjamin.holland@deq.virginia.gov or by postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from May 28, 2019, through June 27, 2019.

Periodic Review and Small Business Impact Review

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 State Water Control Board is conducting a periodic review and small business impact review of each listed regulation. The review of each regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

9VAC25-31, Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation

9VAC25-230, Procedural Rule No. 1 - Public and Formal Hearing Procedures

9VAC25-401, Sewage Treatment in the Dulles Area Watershed

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 May 27, 2019, and ends June 17, 2019.

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 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.

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

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 9VAC25-101, Tank Vessel Oil Discharge Contingency Plan and Financial Responsibility Regulation, and determined that this regulation should be retained in its current form. The State Water Control Board is publishing its report of findings dated March 4, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulation continues to be needed. This regulation requires operators of tank vessels transporting or transferring oil as cargo upon state waters to develop contingency plans. No comments were received during the periodic review. This is not a state specific requirement, and vessels are required to develop these plans to meet federal requirements found in the Oil Pollution Control Act of 1990. Virginia's regulation has been written to minimize the regulatory burden on the regulated community by maintaining consistency with the requirements of federal regulations. By complying with specific provisions of the Oil Pollution Control Act of 1990, a vessel operator is complying with Virginia's regulation, and no additional action is required by the vessel operator. This regulation was last amended in 2015 to maintain consistency with federal law and state statute. The regulation remains consistent with federal laws, regulation, and state statute.

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.

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 9VAC25-580, Underground Storage Tanks: Technical Standards and Corrective Action Requirements, and determined that this regulation should be retained in its current form. The State Water Control Board is publishing its report of findings dated March 15, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulation continues to be needed to protect human health and the environment. No comments were received during the public comment period for the periodic review. The regulation is complex and technical in nature and is based on federal regulatory language. The regulation incorporates both federal requirements for underground storage tanks (USTs) and also state building code requirements for USTs. By maintaining consistency with the federal UST and state building code requirements, confusion within the regulated community is minimized. This regulation was last amended in 2018 to maintain consistency with 40 CFR 280. The regulation is consistent with current federal requirements applicable to USTs. The state regulation is written to be only as stringent as the federal UST requirements that sought to minimize where possible the economic impact of regulations 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.

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 9VAC25-590, Petroleum Underground Storage Tank Financial Responsibility Requirements, and determined that this regulation should be retained in its current form. The State Water Control Board is publishing its report of findings dated March 26, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulation continues to be needed to protect human health and the environment. No comments were received during the public comment period for the periodic review. The regulation is complex and technical in nature due to the fact the regulation addresses financial assurance requirements for underground storage tanks (USTs) and the various mechanisms that may be used to demonstrate financial assurance. Virginia's regulation is similar to the federal regulation concerning the financial assurance mechanisms available to owners and operators; however, the state regulation provides an additional financial assurance mechanism not mentioned in the federal regulation and allows owners and operators the ability to use the Virginia Petroleum Storage Tank Fund to assist owners and operators with demonstrating financial assurance. This regulation was last amended in 2018 to maintain consistency with 40 CFR 280. The regulation is consistent with current federal requirements applicable to USTs. The regulation, as currently written, minimizes the impact on small businesses, and Virginia's regulation is less obtrusive on small governments than the applicable federal regulation.

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.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, Pocahontas Building, 900 East Main Street, 8th Floor, Richmond, VA 23219; Telephone: (804) 698-1810; 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 https://commonwealthcalendar.virginia.gov.

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.