Governor Northam’s Executive Order Fourteen (EO14) states that “regulations shall be clearly written and easily understandable.”  As written, 4VAC50-20 is not clearly written and easily understandable in so much as DCR’s implementation relies upon publication of guidance documents that are outside the scope of law and regulation.  The regulations should be modified under the Administrative Process Act to incorporate certain decisions currently “required” by guidance.  The establishment of the requirements via guidance does not provide sufficient awareness and ability to comment on the impacts of the guidance.  The incorporation of the guidance documents via regulatory process will provide the industry the ability to provide professional review and comment and allow DCR the ability to receive comments on the impacts on small businesses.

Per Executive Order Fourteen (EO14), “Regulatory development shall be based on the best reasonably available and reliable scientific, economic, and other information concerning the need for, and consequences of, the intended regulation. Agencies shall specifically cite the best reasonably available and reliable scientific, economic, or statistical data as well as any other information in support of regulatory proposals.” The internal development of guidance documents does not provide the opportunity for the professional community to offer DCR reasonably available alternatives for consideration.