DEPARTMENT OF AGRICULTURE AND CONSUMER
SERVICES
Notice of Periodic Review and Small
Business Impact Review
Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1
and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services
is currently reviewing each of the regulations listed below to determine
whether it should be repealed, amended, or retained in its current form. The
review of each regulation will be guided by the principles in Executive Order
17 (2014) and § 2.2-4007.1 of the Code of Virginia. Each regulation will
be reviewed to determine whether the regulation (i) is necessary for the
protection of public health, safety, and welfare or for the economical
performance of important governmental functions; (ii) minimizes the economic
impact on small businesses in a manner consistent with the stated objectives of
applicable law; and (iii) is clearly written and easily understandable.
2VAC5-130, Rules and Regulations Governing Laboratory Fees
for Services Rendered or Performed
Agency Contact: Dr. Joseph Garvin, Program Manager,
Office of Laboratory Services, Department of Agriculture and Consumer Services,
P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-9202, FAX (804)
371-2380, or email joseph.garvin@vdacs.virginia.gov.
2VAC5-205, Rules and Regulations Pertaining to Shooting
Enclosures
Agency Contact: Carolynn Bissett, Program Manager,
Office of Veterinary Services, Department of Agriculture and Consumer Services,
P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-4560, FAX (804)
371-2380, or email carolynn.bissett@vdacs.virginia.gov.
2VAC5-230, Rules and Regulations Applicable to Controlled
Atmosphere (CA) Apples
2VAC5-300, Rules and Regulations for the Enforcement of the
Virginia Seed Potato Standards
Agency Contact: Dennis Clary, Program Manager,
Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA
23218, telephone (804) 786-1933, FAX (804) 371-7785, or email dennis.clary@vdacs.virginia.gov.
2VAC5-250, Rules and Regulations Relating to Grain Dealers
Licensing and Bonding Law
Agency Contact: Randy Sanford, Grain Law Supervisor,
Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA
23218, telephone (804) 786-3939, FAX (804) 371-7785, or email randy.sanford@vdacs.virginia.gov.
2VAC5-370, Rules and Regulations for Enforcement of the
Virginia Animal Remedies Law
2VAC5-380, Rules and Regulations for the Enforcement of the
Virginia Dealers in Agricultural Products Law
2VAC5-405, Regulations for the Application of Fertilizer to
Nonagricultural Lands
Agency Contact: Debra Martin, Program Manager, Office of
Plant Industry Services, Department of Agriculture and Consumer Services, P.O.
Box 1163, Richmond, VA 23218, telephone (804) 786-3515, FAX (804) 371-7793, or
email debra.martin@vdacs.virginia.gov.
2VAC5-520, Rules and Regulations Governing Testing of Milk
for Milkfat, Protein, and Lactose Content by Automated Instrument Methods
Agency Contact: Robert Trimmer, Program Supervisor,
Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA
23218, telephone (804) 786-1452, FAX (804) 371-7792, or email robert.trimmer@vdacs.virginia.gov.
The comment period begins September 5, 2016, and ends September
26, 2016.
Comments may be submitted online to the Virginia Regulatory
Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also
be sent to the agency contacts listed above.
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
both reviews will be posted on the Town Hall and a report of the small business
impact review will be published in the Virginia Register of Regulations.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Solar Access Development Group LLC
Notice of Intent - Small Renewable Energy Project (Solar) Permit-By-Rule
Solar Access Development Group LLC has notified the Department
of Environmental Quality of its intent to submit the necessary documentation
for a permit-by-rule for a small renewable energy project (solar) in
Stevensburg in Culpeper County, Virginia pursuant to 9VAC15-60. The project is
located on 210 acres north of the intersection of Fairfield Lane and York Road
and to the east of Stevensburg Road and will have a maximum capacity of 20
megawatts alternating current (AC). The project will consist of 81,662 solar
panels, 14 inverters, and associated equipment.
Contact Information: Mary E. Major, Department of
Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218,
telephone (804) 698-4423, or email mary.major@deq.virginia.gov.
BOARD OF OPTOMETRY
Notice of Periodic Review and Small
Business Impact Review
Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and
2.2-4017 of the Code of Virginia, the Board of Optometry is conducting a
periodic review and small business impact review of 18VAC105-20, Regulations
Governing the Practice of Optometry.
The review of this regulation will be guided by the principles
in Executive Order 17 (2014).
The purpose of this review is to determine whether this
regulation should be repealed, amended, or retained in its current form. Public
comment is sought on the review of any issue relating to this regulation,
including whether the regulation (i) is necessary for the protection of public
health, safety, and welfare or for the economical performance of important
governmental functions; (ii) minimizes the economic impact on small businesses
in a manner consistent with the stated objectives of applicable law; and (iii)
is clearly written and easily understandable.
The comment period begins September 5, 2016, and ends October
5, 2016.
Comments may be submitted online to the Virginia Regulatory
Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also
be sent to Elaine Yeatts, Agency Regulatory Coordinator, 9960 Mayland Drive,
Suite 300, Richmond, VA 23233, FAX (804) 527-4434, or email elaine.yeatts@dhp.virginia.gov.
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
both reviews will be posted on the Town Hall and a report of the small business
impact review will be published in the Virginia Register of Regulations.
DEPARTMENT OF TAXATION
Small Business Impact Review - Report
of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the
Department of Taxation conducted a small business impact review of 23VAC10-11,
Public Participation Guidelines, and determined that this regulation should
be retained in its current form. The Department of Taxation is publishing its
report of findings dated August 15, 2016, to support this decision in
accordance with § 2.2-4007.1 F of the Code of Virginia.
The agency determined this regulation continues to be necessary
as it is required by § 2.2- 4007.02 of the Code of Virginia and
establishes the mechanisms by which the agency will advise the public of the
agency's regulatory actions. There have been no complaints or comments received
from the public concerning this regulation. The regulation is not complex, and
it does not overlap, duplicate, or conflict with federal or state law or
regulation. Since this regulation's adoption in 2008, there have not been
significant changes in technology, economic conditions, or other factors that
would necessitate amending this regulation.
Contact Information: Joe Mayer, Lead Policy Analyst,
Department of Taxation, P.O. Box 27185, Richmond, VA 23261-7185, telephone
(804) 371-2299, FAX (804) 371-2355, or email joseph.mayer@tax.virginia.gov.
Small Business Impact Review - Report
of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the
Department of Taxation conducted a small business impact review of 23VAC10-230,
Watercraft Sales and Use Tax, and determined that this regulation should be
retained in its current form. The Department of Taxation is publishing its
report of findings dated August 15, 2016, to support this decision in
accordance with § 2.2-4007.1 F of the Code of Virginia.
The regulation continues to be needed in order to provide
guidance regarding the administration of the watercraft sales and use tax.
There have been no complaints or comments received concerning the regulation
from the public. The regulation is not complex, and six sections of the
regulation that duplicated state law were repealed in 2007. The regulation was
last amended in 2009, and there have been no significant changes in technology,
economic conditions, or other factors that have affected the watercraft sales
and use tax.
Contact Information: Joe Mayer, Lead Policy Analyst,
Department of Taxation, P.O. Box 27185, Richmond, VA 23261-7185, telephone
(804) 371-2299, FAX (804) 371-2355, or email joseph.mayer@tax.virginia.gov.
STATE WATER CONTROL BOARD
Proposed Consent Order for FDP
Virginia, Inc.
An enforcement action has been proposed for FDP Virginia, Inc.,
for violations at the facility located at FDP Brake Production Plant located at
1076 Airport Road, Tappahannock, Virginia. The State Water Control Board
proposes to issue a consent order to address noncompliance with State Water
Control Law. A description of the proposed action is available at the
Department of Environmental Quality office named below or online at www.deq.virginia.gov.
Frank Lupini will accept comments by email at frank.lupini@deq.virginia.gov,
FAX at (804) 527-5106, or postal mail at Department of Environmental Quality,
Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from September 5, 2016, to October
5, 2016.
Proposed Consent Special Order for JLE
Holdings, LLC
An enforcement action has been proposed for JLE Holdings, LLC
for violations at property located north-northeast of the intersection of
Virginia State Routes 71 and 619 in Scott County, Virginia. The State Water
Control Board proposes to issue a special order by consent to JLE Holdings, LLC
to address noncompliance with the State Water Control Law and regulations. A
description of the proposed action is available at the Department of
Environmental Quality office named below or online at www.deq.virginia.gov.
Carla Pool will accept comments by email at carla.pool@deq.virginia.gov,
FAX at (804) 698-4277, or postal mail at Department of Environmental Quality,
Central Office, P.O. Box 1105, Richmond, VA 23218, from September 5, 2016, to
October 5, 2016.
Proposed Enforcement Action for Plains
Marketing, L.P.
An enforcement action has been proposed for Plains Marketing,
L.P. for alleged violations of the State Water Control Law in Yorktown,
Virginia. A description of the proposed action is available at the Department
of Environmental Quality office named below or online at www.deq.virginia.gov.
John Brandt will accept comments by email at john.brandt@deq.virginia.gov,
FAX at (757) 518-2009, or postal mail at Department of Environmental Quality,
Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462,
from September 5, 2016, to October 5, 2016.
Proposed Consent Order for Shenandoah
Valley Organic, LLC
An enforcement action has been proposed for Shenandoah Valley
Organic, LLC (SVO) for violations in Harrisonburg, Virginia. The State Water
Control Board proposes to issue a consent order to SVO for noncompliance with
State Water Control Law. The proposed consent order requires SVO to address
unpermitted discharges from its facility, to pay a civil charge, and to fund a
supplemental environmental project to improve water quality in the Blacks Run
watershed. A description of the proposed action is available at the Department
of Environmental Quality office named below or online at www.deq.virginia.gov. Tiffany Severs will accept comments by email at tiffany.severs@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of
Environmental Quality, Valley Regional Office, 4411 Early Road, P.O. Box 3000,
Harrisonburg, VA 22801, from September 5, 2016, to October 5, 2016.
VIRGINIA CODE COMMISSION
Notice to State Agencies
Contact Information: Mailing
Address: Virginia Code Commission, General Assembly Building,
201 North 9th Street, 2nd Floor, Richmond, VA 23219; Telephone:
Voice (804) 786-3591; Email: varegs@dls.virginia.gov.
Meeting Notices: Section 2.2-3707 C of the Code of
Virginia requires state agencies to post meeting notices on their websites and
on the Commonwealth Calendar at http://www.virginia.gov/connect/commonwealth-calendar.
Cumulative Table of Virginia Administrative Code Sections
Adopted, Amended, or Repealed: A table listing regulation sections that
have been amended, added, or repealed in the Virginia Register of
Regulations since the regulations were originally published or last
supplemented in the print version of the Virginia Administrative Code is
available at http://register.dls.virginia.gov/documents/cumultab.pdf.
Filing Material for Publication in the Virginia Register
of Regulations: Agencies use the Regulation Information System (RIS) to
file regulations and related items for publication in the Virginia Register
of Regulations. The Registrar's office works closely with the Department of
Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory
Town Hall. RIS and Town Hall complement and enhance one another by sharing
pertinent regulatory information.
ERRATA
STATE CORPORATION COMMISSION
Title of Regulation:
14VAC5-345. Rules Governing Rate Stabilization in Property and Casualty
Insurance.
Publication: 32:25 VA.R. 3421-3424 August 8, 2016
Correction to Final Regulation:
Page 3422, 14VAC5-345-20, after catchline insert new paragraph
as follows:
"The following words or terms when used in this chapter
shall have the following meanings unless the context clearly indicates
otherwise:"
VA.R. Doc. No. R16-4678; Filed August 16, 2016, 9:38 a.m.