Notice of action: The Virginia Waste Management Board (Board) is considering the amendment of regulations concerning the voluntary remediation program (Program). A regulation is a general rule governing people's rights or conduct that is upheld by a state agency.

Regulation name: The regulations of the board affected by this regulatory action are the Voluntary Remediation Regulations, 9VAC20-160.

Purpose of notice: The Board is seeking comments through the Department of Environmental Quality on (i) the proposal, (ii) the costs and benefits of the proposal, (iii) effects of the proposal on farm and forest land preservation, and (iv) impacts on small businesses.

Public comment period: May 9, 2014 to May 30, 2014.

Public comment stage: Notice of Public Comment on Proposed Amendments to the regulations.

Description of proposed regulation: The Board is considering adopting amendments to the named regulations at a meeting of the Board on June 24, 2014.  The amendments are necessary to implement Chapter 366 of the 2014 Acts of Assembly.

The purpose of the amendments is to defray actual reasonable costs of the voluntary remediation program expended at the site. The proposed amendments include (i) removal of the registration fee cap currently set at the lesser of $5000 or 1% of the actual cost of remediation, (ii) implementation of a three-phase registration fee structure for applications received on or after July 1, 2014, (iii) provision for managing the fee structures in place prior to July 1, 2014 and implemented on and after July 1, 2014, (iv) provision for action resulting from nonpayment of registration fees, (v) provision for registration fees for changes to applications and eligibility requiring additional program staff review, and (vi) provision for registration fees for amending certificates. 

Chapter 366 of the 2014 Acts of Assembly provides that amendments necessary to implement the Chapter shall be exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia (the Administrative Process Act) except that the Department of Environmental Quality (DEQ) shall utilize a regulatory advisory panel (RAP) to assist in the development of necessary regulations and shall provide an opportunity for public comment.  The RAP met on April 11, 2014 and made recommendations summarized in the minutes of the meeting (http://www.townhall.virginia.gov/L/ViewMeeting.cfm?MeetingID=21373).     

How to comment: DEQ accepts written comments by hand-delivery, e-mail, fax and postal mail. All written comments must include the full name, address and telephone number of the person commenting and be received by DEQ no later than on the last day of the comment period. All comments, exhibits and documents received are part of the public record.

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

To review regulation documents: The proposal is available on the department website at http://www.deq.virginia.gov/Programs/LandProtectionRevitalization/PublicNotices.aspx on the Land Protection laws, regulations and guidance page and by contacting the DEQ representative named below.