12VAC5-585 Biosolids Use Regulations

REGULATIONS

Vol. 29 Iss. 24 - July 29, 2013

TITLE 12. HEALTH

STATE BOARD OF HEALTH

Chapter 585

Final Regulation

REGISTRAR'S NOTICE: The purpose of this notice is to officially remove the repealed State Board of Health Biosolids Use Regulations (12VAC5-585) from the Virginia Administrative Code. These regulations have been superseded by State Water Control Board action and subsequently repealed by the State Water Control Board. (NOTE: this announcement does not impact final amendments to certain State Water Control Board regulations concerning the biosolids program that are published in this issue of the Virginia Register. This announcement only serves to remove superseded State Board of Health regulations on biosolids.)

The State Water Control Board is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The State Water Control Board will receive, consider, and respond to petitions from any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 12VAC5-585. Biosolids Use Regulations (repealing 12VAC5-585-10 through 12VAC5-585-830).

Statutory Authority: § 62.1-44.15 of the Code of Virginia.

Effective Date: September 1, 2013.

Agency Contact: Cindy M. Berndt, Director, Regulatory Affairs, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Background: Chapters 881 and 929 of the 2007 Acts of Assembly transferred the regulation and management of the land application of biosolids (sewage sludge) from the State Board of Health to the State Water Control Board effective January 1, 2008. As part of that action, the General Assembly also transferred the Board of Health Biosolids Use Regulations (12VAC5-585) to the State Water Control Board and directed that the regulations would remain in effect until action by the State Water Control Board.

The State Water Control Board adopted necessary amendments to its existing regulations to govern the land application of biosolids at its meeting on September 25, 2007. The amendments were published in the Virginia Register of Regulations in Volume 24, Issue 6 (24:6 VA.R. 700-806 November 26, 2007) and became effective on January 1, 2008. In addition, the State Water Control Board repealed the State Board of Health Biosolids Use Regulations, 12VAC5-585, at its meeting on July 29, 2008.

Summary:

This action officially repeals the State Board of Health Biosolids Use Regulations (12VAC5-585), which have been superseded by State Water Control Board action and subsequently repealed by the State Water Control Board.

VA.R. Doc. No. R13-3388; Filed June 26, 2013, 3:58 p.m.