PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWS
Vol. 39 Iss. 2 - September 12, 2022

TITLE 12. HEALTH

STATE BOARD OF HEALTH

Report of Findings

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 State Board of Health conducted a periodic review and a small business impact review of 12VAC5-481, Virginia Radiation Protection Regulations, and determined that this regulation should be amended. The board is publishing its report of findings dated August 3, 2022, to support this decision.

The regulation is necessary for the protection of the public from unnecessary radiation exposure through routine inspections and registrations of x-ray equipment and radioactive materials.

The Virginia Department of Health (VDH) is recommending that 12VAC5-481 be repealed and replaced with a new regulatory chapter. After review, several significant needed changes to the regulatory requirements contained within 12VAC5-481 have been identified, including maintaining a regulatory program informed by the most up-to-date information and that is clearly written and understandable for members of the public. Repealing 12VAC5-481 and replacing it with a new chapter will be more efficient than amending it.

VDH has considered the continued need for 12VAC5-481 and determined that the Virginia Radiation Protection Regulations are still needed to ensure protection of the public from unnecessary radiation exposure. However, VDH has determined that significant changes are required for the regulatory requirements in the chapter as well as the need to ensure that the chapter adheres to Virginia Administrative Code style and format. No public comments were received via the Virginia Regulatory Town Hall website, email, or postal mail. The regulatory requirements contained within 12VAC5-481 do not overlap, duplicate, or conflict with other or state laws or regulations. Where applicable, the regulatory requirements included in 12VAC5-481 do include or reference federal requirements developed by the Nuclear Regulatory Commission (NRC). 12VAC5-481 was last amended January 14, 2022, to add new language from NRC. Since then, the Office of Radiological Health has convened a workgroup to review and make recommendations for x-ray regulations. The workgroup has made the assessment that significant changes are required to improve the x-ray regulatory requirements contained within 12VAC5-481. VDH will take into consideration the effect that changes to the regulation will have on small businesses and will make every effort to amend the Virginia Radiation Protection Regulations in a manner that minimizes any significant impact to small businesses required to adhere to this regulation.

Contact Information: Cameron Rose, Policy Analyst, Office of Radiological Health, Virginia Department of Health, James Madison Building, 109 Governor Street, Room 731, Richmond, VA 23219, telephone (804) 659-6687.

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TITLE 23. TAXATION

DEPARTMENT OF TAXATION

Agency Notice

Pursuant to Executive Order 19 (2022) 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: 23VAC10-210, Retail Sales and Use Tax and 23VAC10-340, Intangible Personal Property Tax Regulations.

The review of each regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic 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 September 12, 2022, and ends October 3, 2022.

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: Joe Mayer, Lead Policy Analyst, Department of Taxation, P.O. Box 27185, Richmond, VA 23261-7185, telephone (804) 371-2299.