In looking over this proposed regulation, it seems there are many issues relating to citizen water monitoring efforts that warrant the state to reopen the public comment period.  Specifically, page 5 of the Final Regulation Agency Background Document states the JLARC study used as the basis to develop this regulation recommends the General Assembly "...consider studying the adoption of a laboratory certification program for laboratories wishing to conduct sample analyses for environmental permit holders..."  Citizen monitoring efforts in Virginia are not used for permitting purposes, enforcement, or regulatory actions.  The following quote is offered from the Code of Virginia § 62.1-44.19:11, Citizen water quality monitoring program.  "The results of such citizen monitoring shall not be used as evidence in any enforcement action."  This statement reinforces the fact that citizen data is not utilized for permitting, enforcement, and regulatory action.  As a result, any citizen monitoring group who submits data to the DEQ should be considered exempt from this regulation.

     Additionally, this regulation as currently written appears to conflict with the Code of Virginia § 62.1-44.19:11, Citizen water quality monitoring program and its 3000 river mile goal.  This conflict needs to be resolved before an effective regulation can be finalized.

     Finally, the DEQ has developed policies for its use of citizen monitoring data.  To throw out a system that many citzen monitoring groups accept for a process that charges fees to groups who have limited resources is ludicrous.  DCLS should stop trying to repeat the efforts already made by the DEQ.   

     This is another great example of what government waste really looks like.