TITLE 4. CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF CONSERVATION AND RECREATION
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Conservation and Recreation conducted a periodic review and a small business impact review of 4VAC5-20, Standards for Classification of Real Estate as Devoted to Open Space Use under the Virginia Land Use Assessment Law, and determined that this regulation should be amended. The department is publishing its report of findings dated August 18, 2023, to support this decision.
The purpose of this chapter is to (i) encourage the proper use of real estate in order to ensure a readily available source of agricultural, horticultural, and forest products and of open space within reach of concentrations of population; (ii) conserve natural resources in forms that will prevent erosion; (iii) protect adequate and safe water supplies; (iv) preserve scenic natural beauties and open spaces; (v) promote proper land use planning and the orderly development of real estate for the accommodation of an expanding population; and (vi) promote a balanced economy and ease pressures that force the conversion of real estate to more intensive uses. The regulation is necessary to define and direct standards that shall be applied uniformly throughout the state to determine if real estate is devoted to open-space use.
It is the agency's decision to amend the regulation to bring the chapter in conformance with current statutory language, amend incorrect references, and correct outdated information.
The regulation is required by § 58.1-3230 of the Code of Virginia. The agency has not received complaints concerning this regulation. The regulation is not complex. The regulation currently conflicts with changes that occurred to the Code of Virginia. The department will promulgate amendments to conform to current statutory language. Consideration was given to current conditions of technology, economic conditions, and other factors.
Contact Information: Lisa McGee, Policy and Planning Director, Department of Conservation and Recreation, 600 East Main Street, 24th Floor, Richmond, VA 23219, telephone (804) 786-4378, or email lisa.mcgee@dcr.virginia.gov.
VIRGINIA SOIL AND WATER CONSERVATION BOARD
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: 4VAC50-70, Resource Management Plans. 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 September 25, 2023, and ends October 16, 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: Lisa McGee, Policy and Planning Director, Department of Conservation and Recreation, 600 East Main Street, 24th Floor, Richmond, VA 23219, telephone (804) 786-4378, or email lisa.mcgee@dcr.virginia.gov.
w –––––––––––––––––– w
TITLE 9. ENVIRONMENT
DEPARTMENT OF ENVIRONMENTAL QUALITY
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Environmental Quality conducted a periodic review and a small business impact review of 9VAC15-70, Small Renewable Energy Projects (Combustion) Permit by Rule, and determined that this regulation should be retained as is. The department is publishing its report of findings dated August 14, 2023, to support this decision.
This regulation enhances the department's ability to ensure compliance with all specific requirements under statute through the approval of a combustion permit by rule for combustion energy projects with rated capacity not exceeding 20 megawatts.
The regulation is necessary for the protection of public health and welfare, as the regulation is needed to meet the following goals: (i) protect public health and welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth; (ii) provide a streamlined administrative mechanism for a "permit by rule," which means the permit requirements are set forth "up front" within the regulation, rather than being developed on a case-by-case basis, thus reducing burdensome and costly permit application, review, and issuance procedures; and (iii) meet specific requirements of the Code of Virginia to develop requirements for permits by rule for combustion energy projects with rated capacity not exceeding 20 megawatts.
This regulation is clearly written and easily understandable. The regulation provides a permitting process for small renewable energy combustion projects with a rated capacity greater than five megawatts and less than 20 megawatts that is protective of human health and the environment. Section 10.1-1197.6 B 12 of the Code of Virginia requires other necessary environmental permits to be obtained in addition to this permit by rule (PBR). The department has determined that the regulation is easily understandable by the individuals and entities affected. It is written so as to permit only one reasonable interpretation, to adequately identify the affected entity, and in nontechnical language. This regulation satisfies the provisions of the law and legally binding state requirements and is effective in meeting its goals; therefore, the regulation is being retained without amendment.
This regulation continues to be needed as it provides applicants with the most cost-effective means of fulfilling ongoing state requirements that protect natural and historic resources. The regulation details the permitting process, and a small renewable energy combustion project is deemed to operate under the PBR provision if it meets the requirements of the regulation. Other necessary environmental permits will need to be obtained in addition to the PBR.
No comments were received during the public comment period. The regulation's level of complexity is appropriate to ensure that the regulated entity is able to meet its legal mandate as efficiently and cost-effectively as possible. This regulation does not overlap, duplicate, or conflict with any state law or other state regulation.
This regulation was last reviewed in 2019. Prior to the 2009 legislation, small renewable energy projects were to be permitted on a case-by-case basis by the State Corporation Commission. For those considering small combustion energy projects, there was large uncertainty concerning the requirements and potential costs of completing a project, as well as how long the permitting process would take. The permit by rule framework eliminates much of that uncertainty. Applicants need to meet the 14 criteria set forth by § 10.1-1197.6 B of the Code of Virginia to obtain permit by rule. Further, the proposed regulations specify that the department must render a decision concerning the permit application within 90 days. This significant reduction in uncertainty is in itself beneficial and will increase the likelihood that net beneficial projects will go forward.
The department, through examination of the regulation and conversations with developers and others in the renewable energy sector, has determined that the regulatory requirements currently minimize the economic impact of permitting small combustion energy project. The statutes and regulation will increase the likelihood that small combustion energy projects will go forward. Consequently, the proposed regulation may have a small positive impact on employment. The statutes and proposed regulation will reduce risk, time costs, and administrative costs for small firms wishing to develop a small combustion energy project.
Contact Information: Susan Tripp, Renewable Energy Permit By Rule Coordinator, Department of Environmental Quality, 1111 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 664-3470, or email susan.tripp@deq.virginia.gov.
w –––––––––––––––––– w
TITLE 16. LABOR AND EMPLOYMENT
SAFETY AND HEALTH CODES BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Safety and Health Codes Board conducted a periodic review and a small business impact review of 16VAC25-20, Regulation Concerning Licensed Asbestos Contractor Notification, Asbestos Project Permits, and Permit Fees, and determined that this regulation should be retained as is. The board is publishing its report of findings dated August 24, 2023, to support this decision.
This regulation has three goals: (i) reduce the incidence of material impairment of the health of Virginians due to exposure to asbestos in the workplace or as an environmental pollutant; (ii) require asbestos contractors to notify the government of asbestos projects and pay fees to cover the costs of administering the program; and (iii) protect public health, safety, and welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth. The regulation protects the safety, health, and welfare of the public by monitoring the potential hazards associated with asbestos removal projects and controlling public exposure to environmental hazards with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth. The regulation is clearly written and not overly complex.
As a result of this periodic review, the board has determined that the regulation has no negative economic impact on small business. The Safety and Health Codes Board voted to retain the regulation without change.
There is a continued need for this regulation as the requirements are mandated by state law. The regulation does not duplicate, overlap, or conflict with state or federal laws or regulations, and there is no apparent negative impact on the regulated community.
Contact Information: Cristin Bernhardt, Regulatory Coordinator, Department of Labor and Industry, 600 East Main Street, Main Street Centre, Richmond, VA 23219, telephone (804) 786-2392, or email cristin.bernhardt@doli.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Safety and Health Codes Board conducted a periodic review and a small business impact review of 16VAC25-30, Regulations for Asbestos Emissions Standards for Demolition and Renovation Construction Activities and the Disposal of Asbestos-Containing Construction Wastes-Incorporation by Reference, 40 CFR 61.140 through 61.156, and determined that this regulation should be retained as is. The board is publishing its report of findings dated August 24, 2023, to support this decision.
This regulation has two goals: (i) reduce the incidence of material impairment of the health of Virginians due to exposure to asbestos in the workplace or as an environmental pollutant; and (ii) protect health, safety, and welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth. Standards related to asbestos emission and disposal of asbestos-containing construction waste are necessary to protect the safety, health, and welfare of the workers from the health hazards associated with airborne pollutants. The regulation does so by adopting the federal requirements set forth in 40 CFR 61.140 through 61.156. The regulation is clearly written and not overly complex.
The Safety and Health Codes Board voted to retain the regulation without change. There is a continued need for this regulation as the requirements are mandated by federal law. The regulation does not duplicate, overlap, or conflict with state or federal laws or regulations, and there is no apparent negative impact on the regulated community.
As a result of this periodic review, the board has determined that the regulation has no negative economic impact on small business.
Contact Information: Cristin Bernhardt, Regulatory Coordinator, Department of Labor and Industry, 600 East Main Street, Main Street Centre, Richmond, VA 23219, telephone (804) 786-2392, or email cristin.bernhardt@doli.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Safety and Health Codes Board conducted a periodic review and a small business impact review of 16VAC25-40, Standard for Boiler and Pressure Vessel Operator Certification, and determined that this regulation should be retained as is. The board is publishing its report of findings dated August 24, 2023, to support this decision.
This regulation has two goals: (i) ensuring statewide uniformity in the determination of the ability, proficiency, and qualifications of boiler and pressure operators certified under a local government ordinance and (ii) ensuring the protection of public health, safety, and welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth. The regulation achieves these goals by providing uniform statewide criteria to be used by all counties, cities, or towns that choose to regulate the certification of boiler and pressure vessel operators. The regulation protects the citizens of the Commonwealth from the dangers of boiler or pressure vessels being operated in an unsafe manner or by unqualified operators. The regulation is clearly written and not overly complex. To the board's knowledge, no locality has chosen to adopt an ordinance. The regulation is mandated by § 15.2-910 of the Code of Virginia.
The Safety and Health Codes Board voted to retain the regulation without change at this time, but the board also voted to give authority for the Department of Labor and Industry to seek to repeal § 15.2-910 of the Code of Virginia during the next General Assembly session. The repeal of the statute would repeal this regulation.
As a result of this periodic review, the board has determined that the regulation has no negative economic impact on small business.
There is a continued need for this regulation as the requirements are mandated by state law. No comments were received during this periodic review. The regulation does not duplicate, overlap, or conflict with state or federal laws or regulations, and there is no apparent negative impact on the regulated community. The department will seek to repeal § 15.2-910 during the next General Assembly session, which will enable the department to repeal the regulation, since it is not being used by localities.
Contact Information: Cristin Bernhardt, Regulatory Coordinator, Department of Labor and Industry, 600 East Main Street, Main Street Centre, Richmond, VA 23219, telephone (804) 786-2392, or email cristin.bernhardt@doli.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Safety and Health Codes Board conducted a periodic review and a small business impact review of 16VAC25-97, Reverse Signal Operation Safety Requirements for Motor Vehicles, Machinery and Equipment in General Industry and the Construction Industry, and determined that this regulation should be retained as is. The board is publishing its report of findings dated August 24, 2023, to support this decision.
This regulation has two goals (i) reduce the incidence of injuries and fatalities of Virginia workers and the public due to the operation of vehicles, machinery, and equipment in reverse; and (ii) protect the public health, safety, and welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth. The regulation protects the safety, health, and welfare of the public by establishing minimum safety standards for reverse signal procedures. These safety standards help to protect human life and property from the dangers of vehicles moving in reverse with an obstructed view. Since the promulgation of this regulation, there has been an approximate 50% decrease in annual fatalities related to reversing work vehicles. The regulation is clearly written and not overly complex.
The Safety and Health Codes Board voted to retain the regulation without change. The regulation provides a comprehensive safety, health, and welfare approach to employees exposed to the same back-up hazard across construction and general industries. A review of Virginia Occupational Safety and Health (VOSH) fatal accident investigations from 1992 to September 30, 2007, found 19 fatal vehicle or equipment accidents in construction work zones where employees were struck. While in some cases reverse signal alarms were not operational, many accidents occurred even with operational reverse signal alarms. Fatal accidents also occurred to employees engaged in their own work unrelated to such vehicles or equipment where employees apparently became desensitized to the familiar and repeated sounds of reverse signal alarms and other construction noise in the work zone.
A review of VOSH fatal accident investigations from 1992 to September, 2007, found nine fatal accidents in general industry work zones where employees were struck. At the time of the regulation's adoption, Virginia was averaging two back-up fatal accidents per year. In the years following adoption of the regulation in 2009, Virginia experienced a 50% reduction in fatal back-up accidents.
There is a continued need for this regulation because it more adequately protects employees in work zones in which vehicles and machinery are operating with an obstructed rear view than the equivalent federal standards. No comments were received during this periodic review. The regulation is not overly complex and is clearly written. It does not duplicate, overlap, or conflict with state or federal laws or regulations, and there is no apparent negative impact on the regulated community.
As a result of this periodic review, the board has determined that the regulation has no negative economic impact on small business.
At the time of adoption, the Department of Labor and Industry (DOLI) made available to employers a free training program that could be used to meet the training requirements contained in the final regulation. Small businesses also had the opportunity to take advantage of VOSH program's free, confidential consultation and training resources. Based on information received during the comment periods for the proposed standard, commenters for the construction industry indicated that current rate of pay was $20 per hour for operators, plus fringes (DOLI assumed a 25% rate for fringes, the total compensation rate is $25 per hour); and $15 per hour, plus fringes, for laborers (DOLI assumed a 25% rate for fringes, the total compensation rate is $18.75 per hour). DOLI estimated at that time that training on the final standard would take between 30 to 60 minutes. Costs for operators would range from $17.50 to $25.00 per operator and from $9.38 to $18.75 per laborer. Applying an inflation escalator of 29.3% for the years 2009 to 2022, costs per operator would range from $22.63 to $33.33 and from $12.13 to $24.24.
Contact Information: Cristin Bernhardt, Regulatory Coordinator, Department of Labor and Industry, 600 East Main Street, Main Street Centre, Richmond, VA 23219, telephone (804) 786-2392, or email cristin.bernhardt@doli.virginia.gov.
w –––––––––––––––––– w
TITLE 22. SOCIAL SERVICES
STATE BOARD OF SOCIAL SERVICES
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: 22VAC40-670, Degree Requirements for Family Services Occupational Group. 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 September 25, 2023, and ends October 16, 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: Leighann Smigielski, Senior Policy Analyst, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7059, or email r.leighann.smigielski@dss.virginia.gov.