Periodic Review of this Chapter
Includes a Small Business Impact Review
Date Filed: 11/28/2011
Notice of Periodic Review
The Department of Environmental Quality, on behalf of the Virginia Waste Management Board, will conduct a periodic review of 9VAC20-50, Hazardous Waste Facility Siting Criteria. The purpose of the review is to determine whether the regulations should be terminated, amended or retained in their current form. The review of the regulations will be guided by the principles listed in Executive Order Number Fourteen (2010) and Section 2.2-4007.1 of the Code of Virginia. The Department and the Board are seeking public comments on the review of any issue relating to the regulations including whether (i) the regulations are effective in achieving their goals; (ii) the regulations are essential to protect the health, safety or welfare of citizens or for the economical performance of important governmental functions; (iii) there are available alternatives for achieving the purpose of the regulations; (iv) there are less burdensome and less intrusive alternatives for achieving the purpose of the regulations; and (v) the regulations are clearly written and easily understandable by the affected persons. In addition, the Department and the Board are seeking public comments on ways to minimize the economic impact on small businesses in a manner consistent with the purpose of the regulations.
The purpose of the regulations is to establish criteria for the evaluation of new hazardous waste facility sites that are protective of public health, safety and welfare and the environment and do not erect an unreasonable barrier to the developer's use of the site in terms of cost, procedures or required physical features. Sections 10.1-1433 through 1447 of the Code of Virginia require that these regulations be promulgated. These regulations are part of a set of four related regulations mandated by Virginia statutes. The four regulations establish a procedure for siting of hazardous waste management facilities including certification of the site, investigation of the site, resolution of issues between the applicant and the host community, and funding the process. These regulations are designed to protect public health and welfare with the least possible costs and intrusiveness to the citizens and businesses of the Commonwealth and to provide the necessary procedures and rules by which the statute may be administered.
The public comment period begins on December 19, 2011, and ends on January 9, 2012.
Comments should be sent to Gary E. Graham, Regulatory Analyst, Office of Regulatory Affairs, Department of Environmental Quality, Post Office Box 1105, Richmond, Virginia 23218 (deliveries can be made to 629 East Main Street, Richmond, Virginia 23219), phone 804-698-4103, fax 804-698-4510, or email firstname.lastname@example.org. 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 periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.
Publication of Notice in the Register and Public Comment Period
Published in the Virginia Register on 12/19/2011
begins on the publication date and
Comments Received: 0
Retain the regulation with no changes
Attorney General Certification
Prior to early 2014, AG periodic review certifications were done off-line