Vol. 36 Iss. 1 - September 02, 2019



Agency Notice

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 9VAC5-130, Regulation for Open Burning. 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The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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.

Public comment period begins September 2, 2019, and ends September 23, 2019.

Comments may be submitted online to the Virginia Regulatory Town Hall at or sent to the agency contact.

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.

Agency Contact: Gary Graham, Regulatory Analyst, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4103, FAX (804) 698-4319, or email

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Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Board of Health conducted a small business impact review of 12VAC5-460, Regulations Governing Tourist Establishment Swimming Pools and Other Public Pools, and determined that this regulation should be amended. The fast-track regulatory action to amend 12VAC5-460, which is published in this issue of the Virginia Register, serves as the report of findings.

Agency Contact: Julie Henderson, Director of Food and General Environmental Services, Virginia Department of Health, 109 Governor Street, Richmond, VA 23235, telephone (804) 864-7455, FAX (804) 864-7475, TTY (800) 828-1120, or email

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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 23VAC10-55, Virginia Corn Excise 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 14, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

As the rate of the tax is not clearly set out in statute, the regulation continues to be necessary to clarify the rate of the tax. The department has received no complaints or comments from the public concerning the regulation. The regulation is not complex. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The regulation was last evaluated in 2015. The department is not aware of any technology, economic conditions, or other factors that have changed in the area affected by the regulation. Retaining the regulation clarifies the rate of the corn excise tax and has no economic impact on small businesses.

Agency Contact: Joe Mayer, Lead Tax Policy Analyst, Department of Taxation, P.O. Box 27185, Richmond, VA 23261-7185, telephone (804) 371-2299, FAX (804) 371-2355, or email