PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWS
Vol. 38 Iss. 1 - August 30, 2021

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

STATE BOARD OF LOCAL AND REGIONAL JAILS

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 following regulation is undergoing a periodic review and a small business impact review: 6VAC15-20, Regulations Governing Certification and Inspection. The review 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 The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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 August 30, 2021, and ends September 20, 2021.

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 published in the Virginia Register of Regulations.

Contact Information: Ryan McCord, Executive Director, State Board of Local and Regional Jails, 6900 Atmore Drive, Richmond, VA 23225, telephone (804) 887-8340.

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TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Water Control Board conducted a periodic review and small business impact review of 9VAC25-790, Sewage Collection and Treatment Regulations, and determined that this regulation should be amended. The department is publishing its report of findings dated July 20, 2021, to support this decision.

This regulation provides for the proper design, construction, and operation of sewerage systems and sewage treatment works. The control of sewerage systems and sewerage treatment works is necessary to protect public health, safety, and welfare. The regulation contains administrative and technical requirements related to obtaining a certificate to construct (CTC) and a certificate to operate (CTO) for sewerage systems and sewage treatment works. This regulation is clearly written and easily understandable by the users of the regulation.

The regulation is necessary to protect public health, safety, and the welfare of citizens, and the agency is undertaking the process to amend the regulation. The regulation will be amended to make corrections and update the content of the regulation.

The regulation continues to be needed. This regulation contains administrative and technical requirements related to obtaining a CTC and a CTO for sewerage systems and sewage treatment works. The proper design, construction, and operation of sewerage systems and sewage treatment works is necessary to protect public health, safety and welfare.

No comments were received during the public comment period.

The regulation is complex in nature and contains detailed administrative and technical requirements related to obtaining a CTC and a CTO for sewerage systems and sewage treatment works.

This regulation is a state only regulation. The Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation (9VAC25-31) and the Virginia Pollution Abatement (VPA) Permit Regulation (9VAC25-32) regulate the point and non-point source discharges from sewage treatment works. This regulation however focuses on the proper design, construction, and operation of sewerage systems and sewage treatment works.

This regulation was last amended in 2018 to update references to Title 40 of the Code of Federal Regulations and the Environmental Protection Agency Methods Update Rule.

Contact Information: Melissa Porterfield, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (803) 698-4238.

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TITLE 12. HEALTH

STATE BOARD OF HEALTH

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and small business impact review of 12VAC5-71, Regulations Governing Virginia Newborn Screening Services, and determined that this regulation should be amended. The department is publishing its report of findings dated July 26, 2021, to support this decision.

The regulation meets the criteria set out in Executive Order 14 (2018) as the regulation is necessary for the protection of public health, safety, and welfare of infants born in the Commonwealth of Virginia and their families. The regulation is clearly written and understandable.

The Virginia Department of Health is recommending the regulation be amended to reflect current practices and updated scientific information relevant to newborn screening.

There is a continued need for the regulation because newborn screening for heritable disorders and genetic diseases in infants born in the Commonwealth of Virginia is still occurring, and this regulation establishes the requirements for conducting these tests. One public comment was received. The commenter recommended that the regulation be retained but improved. The commenter identified recommendations for amending the existing regulatory language. The regulation is clearly written and easily understandable. The regulation does not duplicate or conflict with any known federal or state law or regulation; however, there is some overlap with 12VAC5-191. Regulations are evaluated on an ongoing basis and this regulation was last amended as a result of a periodic review in January 2014. The regulation was amended to add two disorders to the newborn screening panel through a final exempt regulatory action in January 2019. The department does not anticipate that amending the regulation will have an adverse economic impact on small businesses in the Commonwealth of Virginia.

Contact Information: Robin Buskey, Policy Analyst, Office of Family Health Services, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 863-7253.

DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

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 following regulations are undergoing a periodic review and a small business impact review: 12VAC35-12, Public Participation Guidelines; 12VAC35-190, Regulations for Voluntary Admissions to State Training Centers; 12VAC35-200, Regulations for Emergency and Respite Care Admission to State Training Centers; and 12VAC35-210, Regulations to Govern Temporary Leave from State Facilities. The review of these regulations will be guided by the principles in Executive Order 14 (as amended July 16, 2018). 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 these regulations, including whether each 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 August 30, 2021, and ends September 20, 2021.

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 published in the Virginia Register of Regulations.

Contact Information: Ruth Anne Walker, Director of Regulatory Affairs, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, 4th Floor, Richmond, VA 23219, telephone (804) 225-2252.