TITLE 9. ENVIRONMENT
VIRGINIA WASTE MANAGEMENT BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Virginia Waste Management Board conducted a periodic review and a small business impact review of 9VAC20-90, Solid Waste Management Permit Action Fees and Annual Fees, and determined that this regulation should be retained as is. The department is publishing its report of findings dated January 11, 2023, to support this decision.
The department has determined that the regulation is clearly written and easily understandable by the individuals and entities affected by it. It is written to permit only one reasonable interpretation, to adequately identify the affected entity, and, insofar as possible, in nontechnical language. This regulation satisfies the provisions of state law and is effective in meeting its goals; therefore, the regulation is being retained without amendment. The regulation continues to be needed. This regulation is consistent with the requirements of state law and partially funds the oversight of permitted solid waste management facilities. There is no corresponding federal regulation concerning the assessment of a solid waste permit application or the assessment of solid waste permit oversight fees.
No public comments were received during the periodic review comment period.
The regulation details the fees for permit actions as well as annual permit fees. The regulation may be viewed as complex by some readers since it details the adjustment by the consumer price index (inflation); however, the agency calculates the adjusted fees and amount due from the permit holder as part of the annual billing process. This regulation was last amended in 2019. Businesses that undertake activities requiring a solid waste management permit are subject to this regulation. Some fees are based on the amount of time to issue a permit action. Other fees are based on the amount of waste material managed. Small businesses generally manage less waste than businesses that are not small businesses and therefore would be subject to smaller annual fees than larger businesses.
The regulation's level of complexity is appropriate to ensure that the regulated entities are aware of the fees associated with the type of permit and operation of a solid waste facility. This regulation does not overlap, duplicate, or conflict with any state law or other state regulation. The department, through examination of the regulation, has determined that the regulatory requirements currently minimize the economic impact of the regulation on small businesses and thereby minimize the impact on existing and potential Virginia employers and their ability to maintain and increase the number of jobs in the Commonwealth.
Contact Information: Sanjay Thirunagari, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-1532.
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 a small business impact review of 9VAC25-600, Designated Groundwater Management Areas, and determined that this regulation should be retained as is. The department is publishing its report of findings dated December 29, 2022, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare. The two existing groundwater management areas (GWMAs) continue to demonstrate conditions consistent with the designation criteria and require ongoing management through the permit program. By statute, the purpose of the regulation is to identify areas where "continued unrestricted usage of groundwater" will "contribute to pollution and shortage of groundwater, thereby jeopardizing public welfare, safety, and health." Unsustainably low water levels and saltwater intrusion within the two existing designated GWMAs continue to threaten the public welfare, safety, and health. The regulation identifies, by affected county, city, and town, the geographic boundaries of each GWMA. The regulation also describes the aquifers subject to the GWMA. The regulation is not complex and is clearly written and understandable. There are no overlapping, duplicative, or conflicting state or federal laws or regulations addressing groundwater shortages or pollution caused by groundwater withdrawals.
The department is retaining the regulation without change. The regulation continues to be beneficial to the Commonwealth. Groundwater is a primary source of drinking water for thousands of Virginians with individual homeowner wells, hundreds of municipal public water supplies, and hundreds of economic interests. All these entities require a reasonable expectation that the water supply will be available and of high quality into the future to thrive. The geographic description of the GWMAs identified in this regulation is required by statute and is the minimum necessary to identify these areas.
The regulation continues to be needed. The department did not receive any public comments during the periodic review. This regulation was last amended in 2014. The last periodic review occurred in 2018. The regulation establishes groundwater management areas and does not directly impact small businesses.
Contact Information: Scott Kudlas, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4456.
w –––––––––––––––––– w
TITLE 12. HEALTH
STATE BOARD OF HEALTH
Agency Notice
Pursuant to Executive Order 19 (2022) 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: 12VAC5-507, Nursing Scholarships and Loan Repayment Program Requiring Service in a Long-Term Care Facility. The review of this regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic 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 March 13, 2023, and ends April 3, 2023.
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: Sandra Serna, Director, Office of Health Equity, Virginia Department of Health, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7190.
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Medical Assistance Services (DMAS) conducted a periodic review and a small business impact review of 12VAC30-141, Family Access to Medical Insurance Security Plan, and determined that this regulation should be amended. The department is publishing its report of findings dated February 10, 2023, to support this decision.
The proposed regulatory amendments clarify that appeals of adverse benefit determinations by a managed care organization (MCO) may be made in accordance with 12VAC30-120-420, and appeals of adverse actions or an MCO's internal appeal decision of an adverse benefit determination may be made in accordance with 12VAC30-110-10 through 12VAC30-110-370. The proposed amendments repeal several sections as unnecessary and duplicative. The changes remove obsolete or outdated language referencing copayments and prior authorization. The amendments also repeal 12VAC30-141-670 as duplicative, merging chapter definitions into a single section at 12VAC30-141-10.
These regulatory changes are intended to reduce the overall regulatory burden on the public in accordance with Executive Order 19 (2022). The regulation is necessary for the protection of public health, safety, and welfare of Medicaid members. The regulation is clearly written and easily understandable. The regulation is not anticipated to have an adverse impact on small businesses.
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.
STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Behavioral Health and Developmental Services conducted a periodic review and a small business impact review of 12VAC35-180, Regulations to Ensure the Protection of Subjects in Human Research, and determined that this regulation should be amended. The department is publishing its report of findings dated December 12, 2022, to support this decision.
As long as the Commonwealth allows human research, there is a continued need for the regulation. The regulation provides a straightforward framework for the conduct of research by any institution or agency as defined in the regulation. The regulation incorporates but does not fully overlap, duplicate, or conflict with federal or state laws or regulations.
The regulation is reasonable and consistent with the statutory requirements, but some minor revisions are necessary to better align the regulation with federal requirements. The last periodic review of the regulation was in 2018. Since that time, federal regulation was updated, which requires this regulation to be updated. Therefore, the department plans to amend the regulation accordingly.
This regulation needs to remain in place to ensure the health, safety, and welfare of the individuals involved in human research. The only public comment received during the public comment period was not relevant to the regulation. The structure set out in the regulation is in accordance with other applicable federal and state laws and regulations. Since the previous periodic review, technology, economic conditions, or other factors have had no impact on Virginia's need for the regulation.
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.