ALCOHOLIC BEVERAGE CONTROL AUTHORITY

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Alcoholic Beverage Control Authority conducted a small business impact review of 3VAC5-50, Retail Operations, and determined that this regulation should be retained in its current form. The Alcoholic Beverage Control Authority is publishing its report of findings dated February 28, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulation continues to be needed as it outlines definitions, restrictions, and qualifications that govern the practices for retail licensees. The agency did not receive any complaint or comment from the public during the periodic review. The regulation is easy to understand and clearly written. The regulation is not redundant nor does it conflict with other federal or state regulations. The regulation is not complex. The last periodic review was completed in 2012, and there have not been any significant changes in technology, economic conditions, or other factors in the area affected by the regulation. No small business impact has been identified.

Contact Information: LaTonya D. Hucks-Watkins, Legal Liaison, Alcoholic Beverage Control Authority, 2901 Hermitage Road, Richmond, VA 23220, telephone (804) 213-4698, FAX (804) 213-4574, or email latonya.hucks@abc.virginia.gov.

BOARD FOR THE BLIND AND VISION IMPAIRED

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for the Blind and Vision Impaired conducted a small business impact review of 22VAC45-51, Regulations Governing Provision of Services in Vocational Rehabilitation, and determined that this regulation should be retained in its current form. The Board for the Blind and Vision Impaired is publishing its report of findings dated March 4, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

22VAC45-51 is required for the Department for the Blind and Vision Impaired to comply with requirements set forth in regulations of the U.S. Department of Education, 34 CFR Parts 361 and 363. The agency has not received any complaint or comment concerning the regulation. The regulation is not complex; it is easy to read and understand. The regulation was last reviewed and amended in 2016 and does not conflict with other state or federal regulation. There are no substantial changes in technology, economic conditions, or other factors that impact the importance of implementation of the regulation. Economic impact on small business generally is negligible because the regulation pertains specifically to the provision of vocational rehabilitation services to individuals who are blind, vision impaired, and deafblind. Additionally, members of the small business community have opportunity to make public comment during periodic review and annually as part of Department for the Blind and Vision Impaired's conduct of public meetings.

Contact Information: Susan K. Davis, Regulatory Coordinator, Department for the Blind and Vision Impaired, 401 Azalea Avenue, Richmond, VA 23227, telephone (804) 371-3184, FAX (804) 371-3157, or email susan.davis@dbvi.virginia.gov.

COMMONWEALTH TRANSPORTATION BOARD

Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commonwealth Transportation Board is conducting a periodic review and small business impact review of each listed regulation. The review of each regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

24VAC30-11, Public Participation Guidelines

24VAC30-91, Subdivision Street Requirements

24VAC30-92, Secondary Street Acceptance Requirements

24VAC30-155, Traffic Impact Analysis Regulations

24VAC30-160, Rules and Regulations to Comply with the Setoff Debt Collection Act

24VAC30-325, Urban Maintenance and Construction Policy

24VAC30-380, Public Hearings for the Location and Design of Highway Construction Projects

24VAC30-610, List of Differentiated Speed Limits

The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to each 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 public comment period begins April 1, 2019, and ends April 26, 2019.

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 Steven Jack, Policy Regulatory Manager, Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, email steven.jack@vdot.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 the review will be posted on the Virginia Regulatory Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Chesapeake Bay Watershed Improvement Plan Release

By April 12, 2019, the Virginia Office of Natural Resources, through the Department of Environmental Quality, will announce the release of Virginia's Draft Phase III Watershed Implementation Plan (draft Phase III WIP) for meeting the Chesapeake Bay total maximum daily load for public review and comment. The release of the draft Phase III WIP and its associated public review and comment period will be announced by posting of general notices on the Virginia Regulatory Town Hall. Direct questions to the listed staff person.

Contact Information: James Davis-Martin, Environmental Manager, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4298, or email james.davis-martin@deq.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Environmental Quality conducted a small business impact review of 9VAC15-70, Small Renewable Energy Projects (Combustion) Permit by Rule, and determined that this regulation should be retained in its current form. The Department of Environmental Quality is publishing its report of findings dated February 27, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulation is needed to provide a permitting process for small renewable energy combustion projects. No comments were received during the public comment period. The regulation details the permitting process, and a small renewable energy combustion project is deemed to operate under the permit by rule (PBR) provision if it meets the requirements of the regulation. Other necessary environmental permits will need to be obtained in addition to the PBR.

This regulation does not overlap, duplicate, or conflict with federal or state law or regulations. This regulation was adopted in 2013, and in 2017 the definition of a small renewable combustion energy project was amended to conform to Chapter 368 of the 2017 Acts of Assembly.

This regulation provides a process for seeking approval to operate a small renewable combustion energy project with a rated capacity greater than five megawatts and less than 20 megawatts. PBR application reviews are required to be conducted within 90 days of receipt of a complete PBR application. The review process for these projects occurs in lieu of review of the project by the State Corporation Commission.

Contact Information: Melissa Porterfield, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.virginia.gov.

BOARD OF HEALTH PROFESSIONS

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board of Health Professions conducted a small business impact review of 18VAC75-20, Regulations Governing Practitioner Self-Referral, and determined that this regulation should be retained in its current form. The Board of Health Professions is publishing its report of findings dated March 11, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulation is necessary for public protection since there is a statutory mandate for it. There have been no complaints or public comments on the content of the regulation. The regulation sets out criteria and a process for seeking advisory opinions or exceptions. Since 1996, the board has issued 15 advisory opinions, all of which are available for review on the board's website (http://www.dhp.virginia.gov/bhp). No applications have been received requesting an exception to the Practitioner Self-Referral Act (the Act). This regulation does not overlap, duplicate, or conflict with state or federal law.

In 2007, Part IV (18VAC75-20-120 et seq.) was added to the regulation to set out criteria for delegation of an informal conference to an agency subordinate. The criteria for delegation would be those applications for an advisory opinion or an exception to the Act that are deemed by the executive director and the chairman of the board to be appropriate for a conference with a subordinate who is qualified by training and experience in the organizational structure of the entity providing the health care service. The board would delegate the choice of the subordinate to the executive director. 18VAC75-20-60 and 18VAC75-20-70 were also amended in 2007 to accurately reflect the process currently followed by a committee of the board that hears an application for an advisory opinion or an exception. The committee does not issue the opinion or grant the exception until its recommendation is presented to the board for ratification. This chapter was reviewed in 2011 and recommended in 2012 to be retained without amendments.

Contact Information: Elaine Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Richmond, VA 23233, FAX (804) 527-4434, or email elaine.yeatts@dhp.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board of Health Professions conducted a small business impact review of 18VAC75-40, Regulations Governing the Criteria for Certification of Dialysis Technicians, and determined that this regulation should be retained in its current form. The Board of Health Professions is publishing its report of findings dated March 11, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulation is necessary for public protection since there is a statutory mandate for board-approved certifications in order for a dialysis technician to provide services in a Medicare-certification facility. "Dialysis patient care technician" or "dialysis care technician" means a person who has obtained certification from an organization approved by the Board of Health Professions to provide, under the supervision of a licensed practitioner of medicine or a registered nurse, direct care to patients undergoing renal dialysis treatments in a Medicare-certified renal dialysis facility,

There have been no complaints or public comments on the content of the regulation. The regulation is straight-forward in identifying the certifications that are approved by the board. There is no registration, certification, or licensure of dialysis technicians. This regulation does not overlap, duplicate, or conflict with state or federal law. This chapter was reviewed in 2011 and recommended in 2012 to be retained without amendments.

Contact Information: Elaine Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Richmond, VA 23233, FAX (804) 527-4434, or email elaine.yeatts@dhp.virginia.gov.

DEPARTMENT OF HEALTH PROFESSIONS

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Health Professions conducted a small business impact review of 18VAC76-20, Regulations Governing the Prescription Monitoring Program, and determined that this regulation should be retained in its current form. The Department of Health Professions is publishing its report of findings dated March 8, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulation is necessary for public protection since there is a statutory mandate for licensure in § 54.1-2520 of the Code of Virginia. The director, after consultation with relevant health regulatory boards, shall promulgate, in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia), such regulations as are necessary to implement the prescription monitoring program as provided in this chapter. There have been no complaints or public comments on the content of the regulation.

The program is overseen by an advisory committee that includes a community pharmacist, a hospital pharmacist, a primary care physician, a pain management physician, an addiction physician, a nurse practitioner, and representatives from the State Police, Office of the Medical Examiner, Attorney General's Medicaid Fraud Unit, the Department of Behavioral Health and Developmental Services, Department of Medical Assistance Services, and an organization concerned with the adequate relief of pain (hospice). This committee informs the director if there is a need for clarification or amendment to regulations governing the operation of the Prescription Monitoring Program.

This regulation does not overlap, duplicate, or conflict with state or federal law. The regulation is consistent with federal requirements for interoperability with other states and with military treatment facilities under the U.S. Department of Defense.

Amendments to this chapter have been promulgated since the inception of the program in 2003 and in keeping with changes in the law relating to the scope and nature of the program. 

Contact Information: Elaine Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Richmond, VA 23233, FAX (804) 527-4434, or email elaine.yeatts@dhp.virginia.gov.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Public Comment Opportunity for the Draft Rehabilitation Provider Manual (Appendix D)

Comment period: March 11, 2019, through April 10, 2019.

Changes to the Rehabilitation Provider Manual (Appendix D) are now posted on the Department of Medical Assistance Services website at http://www.dmas.virginia.gov/#/manualdraft for public comment through April 10, 2019.

Contact Information: Emily McClellan, Regulatory Manager, Division of Policy and Research, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, TDD (800) 343-0634, or email emily.mcclellan@dmas.virginia.gov.

VIRGINIA WASTE MANAGEMENT BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Waste Management Board conducted a small business impact review of 9VAC20-60, Virginia Hazardous Waste Management Regulations, and determined that this regulation should be retained in its current form. The Virginia Waste Management Board is publishing its report of findings dated February 26, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulation continues to be needed to regulate the treatment, storage, and disposal of hazardous waste. No public comments were received on the regulation during the comment period for the periodic review. The regulation is technical and complex in nature. The regulation adopts federal regulations into state regulation and minimizes confusion concerning applicable requirements. This regulation does not conflict with federal or state laws or regulations.

This regulation was last updated in 2018. This regulation is typically updated annually to address changes that are made to the federal regulation. This regulation has been updated annually since 2010 to maintain consistency with federal requirements. Annual updates minimize the impact the regulation has on all regulated entities (including small businesses) associated with complying with federal requirements that potentially may change throughout the year.

Contact Information: Melissa Porterfield, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.virginia.gov.

STATE WATER CONTROL BOARD

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Environmental Quality is conducting a periodic review and small business impact review of 9VAC25-20, Fees for Permits and Certificates. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

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 April 1, 2019, and ends April 22, 2019.

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 Melissa Porterfield, Office of Regulatory Affairs, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.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 Virginia Regulatory Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

Proposed Consent Order for Culpeper Towing & Salvage Inc.

An enforcement action has been proposed for Culpeper Towing & Salvage Inc. for violations of the State Water Control Law and regulations at the Culpeper Towing & Salvage facility located in Culpeper County, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Culpeper Towing & Salvage facility. A description of the proposed action is available at the named Department of Environmental Quality office, or online at www.deq.virginia.gov. Benjamin Holland will accept comments by email at benjamin.holland@deq.virginia.gov or by postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from April 2, 2019, through May 2, 2019.

Proposed Consent Special Order for Franklin County

An enforcement action has been proposed with Franklin County for violations in Franklin County, Virginia. The special order by consent will address and resolve violations of environmental law and regulations. A description of the proposed action is available at the named Department of Environmental Quality office or online at www.deq.virginia.gov. Jerry Ford, Jr. will accept comments by email at jerry.ford@deq.virginia.gov or postal mail at Department of Environmental Quality, Blue Ridge Regional Office, 901 Russell Drive, Salem, VA 24153, from April 1, 2019, to May 1, 2019.

Community Meeting and Public Comment Period for Water Quality Study for the North Fork
Rivanna River

Public meeting: April 17 at 6 p.m. at the Piedmont Virginia Community College Eugene Giuseppe Center in the Greene County Library Building, 222 South Main Street, Stanardsville, VA 22973.

Purpose of notice: The Department of Environmental Quality (DEQ) and its contractors, James Madison University and 3E Consulting, will present a draft water quality study known as a total maximum daily load (TMDL) for the North Fork Rivanna River and its tributaries. The river is listed on the § 303(d) TMDL Priority List and Report as impaired due to violations of Virginia's water quality standards for aquatic life use. This meeting is an opportunity for local residents to learn about the condition of the river and provide input on the draft water quality study. In the case of inclement weather, the meeting will be held at the same location on April 24, 2019, at 6 p.m. and the 30-day public comment period will be extended accordingly.

Meeting description: A public informational meeting will be held to share a draft water quality study for the North Fork Rivanna River and its tributaries with the watershed community. This study was developed with input from local stakeholders, who were invited to provide information on potential stressors to the aquatic community in the watershed through participation in a technical advisory committee. Once these pollutants of concern were identified, the advisory committee assisted DEQ and its partners with a pollutant source assessment for the watersheds and with identification of the pollutant reductions needed from each of these sources to restore the biological community. Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report. The meeting will be open to the public and all are welcome.

Description of study: The North Fork Rivanna River and several of its tributaries in Greene and Albemarle Counties have been placed on Virginia's impaired waters list for failing to support the benthic water quality standard (Table 1). This standard is intended to protect the aquatic life designated use, which states that all of the Commonwealth's waterways will support a diverse and abundant population of aquatic life. This water quality study included a benthic stressor analysis, which identified sediment as the most likely pollutant responsible for the biological impairments in the North Fork Rivanna and its tributaries. In addition, the analysis identified phosphorous as an additional stressor in Stanardsville and Blue Runs, two tributaries of the North Fork Rivanna River. The draft study reports on the sources of these pollutants in the watersheds and recommends reductions to meet a TMDL for the impaired stream segments. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality in the North Fork Rivanna River and its tributaries, pollutant levels will need to be reduced to the TMDL amount. Through this process, Virginia agencies partnered with a technical advisory committee made up of local stakeholders to identify the pollutants of concern in the watersheds and pollutant sources and the reductions needed from these sources to meet the TMDL.

Table 1. Benthic impairments in the North Fork (NF) Rivanna River included in TMDL study.

How to comment and participate: All meetings in support of TMDL development are open to the public and all interested parties are welcome. Written comments will be accepted through May 17, 2019, and should include the name, address, and telephone number of the person submitting the comments. For more information, or to submit written comments, please contact Nesha McRae, Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574-7850, FAX (540) 574-7878, or email nesha.mcrae@deq.virginia.gov.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, Pocahontas Building, 900 East Main Street, 8th Floor, Richmond, VA 23219; Telephone: (804) 698-1810; 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 https://commonwealthcalendar.virginia.gov.

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.