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 9VAC15-40, Small Renewable Energy Projects (Wind) Permit by Rule, and determined that this regulation should be retained as is. The department is publishing its report of findings dated September 19, 2023, to support this decision.
This regulation enhances the department's ability to ensure compliance with all specific requirements under the state code through the approval of a wind permit by rule for wind energy projects with rated capacity not exceeding 150 megawatts. The regulation is necessary for the protection of public health and welfare, as it is needed to meet the following goals: (i) to protect public health and welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth; (ii) to 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) to meet specific requirements of the Code of Virginia to develop requirements for permits by rule for wind energy projects with rated capacity not exceeding 150 megawatts
The regulation provides a permitting process for small renewable energy wind projects with a rated capacity greater than five megawatts and less than 150 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 clearly written and easily understandable by the individuals and entities it affects. It is written so as to permit only one reasonable interpretation, is written to adequately identify the affected entity, and, insofar as possible, is written 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 the regulation provides applicants with the most cost-effective means of fulfilling ongoing state requirements that protect natural and historic resources. The regulation also provides a permitting process for small renewable energy wind projects. The regulation details the permitting process, and a small renewable energy wind 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.
DEQ received 11 comments from nine individuals and organizations during the public comment period. Comments from two individuals and organizations were in favor of retaining the regulation as is with no amendments. Comments from six of the remaining seven individuals and organizations were primarily focused on the Rocky Forge Wind Project in Botetourt County, Virginia, which is not the subject of this periodic review. Several commenters indicated that the small renewable energy wind permit by rule program is not "small." The definition of a small renewable energy wind permit by rule is provided in the statute, which can only be changed by the General Assembly, not by regulatory action.
The regulation's level of complexity is appropriate to ensure that the regulated entity is able to meet the entity's 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 Virginia State Corporation Commission.
For those considering small wind 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 a permit by rule. Further, the 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. To date, the Rocky Forge Wind project is the only on-shore wind project permitted through the wind PBR process. The department authorized the use of the small renewable energy wind PBR for the Rocky Forge Wind project on March 2, 2017, with a modification of the project authorized on October 16, 2020.
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 a small wind energy project. The statutes and regulation will increase the likelihood that small wind 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 wind energy project.
Contact Information: Susan Tripp, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 664-3470, or email susan.tripp@deq.virginia.gov.
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 9VAC20-130, Solid Waste Planning and Recycling Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 6, 2023, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare and is clearly written and easily understandable. This regulation continues to be needed. The regulation contains requirements for the content of solid waste management plans and details the options localities have when developing such plans. Localities may choose to develop their own plans or may join with other localities to form solid waste planning units. These plans promote source reduction, reuse, and recycling of materials, thereby reducing the amount of solid waste that needs to be disposed of in landfills. 23 comments were received during the public comment period, 19 of which would require a statutory change to address the comment. The regulation is written in nontechnical language.
This regulation is a state-only regulation; there is no equivalent federal regulation. This regulation does overlap to an extent with the Solid Waste Management Regulations (9VAC20-81). Both regulations address solid waste and the need to properly manage solid waste at permitted facilities. Some facilities that manage solid waste receive permits from the department that are issued through the Solid Waste Management Regulations.
The regulation was last amended in 2019 to update references and be consistent with changes made to the Virginia Hazardous Waste Management Regulations (9VAC20-60). The regulation is currently undergoing review to update references and be consistent with other board regulations. The final stage of that review will be published in the Virginia Register on October 23, 2023. Small businesses are not required to develop solid waste management plans. Localities may collect information from businesses and industries in their localities in developing and implementing their plans. This regulation has minimal impact on small businesses.
Contact Information: Sanjay Thirunagari, Programs Manager, Virginia Waste Management Board, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-1532, or email sanjay.thirunagari@deq.virginia.gov.
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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 State Board of Health is conducting a periodic review and a small business impact review of 12VAC5-90, Regulations for Disease Reporting and Control, and 12VAC5-105, Rabies Regulations. The review of each regulation will be guided by the principles in Executive Order 19 (2022). 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 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 November 6, 2023, and ends November 27, 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: Karen Mask, Senior Policy Analyst, Office of Epidemiology, Virginia Department of Health, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 654-9351, or email karen.mask@vdh.virginia.gov.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD FOR BARBERS AND COSMETOLOGY
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Barbers and Cosmetology conducted a periodic review and a small business impact review of 18VAC41-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 5, 2023, to support this decision.
The board's public participation guidelines mirror the Department of Planning and Budget's model public participation guidelines. The regulation is necessary to promote public involvement in the development, amendment, or repeal of regulations. Further, the regulation is clearly written and understandable.
On August 14, 2023, the board voted to retain this regulation as is without any change. The regulation continues to mirror the model public participation guidelines from the Department of Planning and Budget.
There is a continued need for this regulation. The board did not receive any comments or complaints during the public comment period. The regulation is not complex. The regulation does not overlap, duplicate, or conflict with any other federal or state laws or regulations. The regulation was last evaluated in 2019 and does not rely on technology, economic conditions, or any other factors due to the nature of public participation. This regulation outlines the Virginia Regulatory Town Hall as the mechanism for notification, registration, and meeting procedures for public participation. The board determined the regulation has no economic impact of small businesses as this regulation promotes public involvement in the development, amendment, or repeal of the regulations of the board.
Contact Information: Kelley Smith, Executive Director, Board for Barbers and Cosmetology, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, or email barbercosmo@dpor.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Barbers and Cosmetology conducted a periodic review and a small business impact review of 18VAC41-20, Barbering and Cosmetology Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 4, 2023, to support this decision.
The regulation (i) contains the requirements for obtaining a license, renewal and reinstatement of licenses, safety and sanitation procedures, and standards of professional conduct to ensure competence and integrity of all licensees and that the health and sanitary standards and safety are adequate in shops, salons, schools, and other facilities where barber, cosmetology, wax, and nail technician services are provided and (ii) administers the regulatory program in accordance with Chapters 2 (§ 54.1-200 et seq.) and 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia.
The regulation is necessary for the protection of public health, safety, and welfare and is clearly written and understandable. On August 14, 2023, the board voted to retain the regulation as is without amendment. In accordance with the Governor's Executive Directive Number One (2022), the board is currently undertaking a separate action to perform a comprehensive line-by-line review of this regulation.
Section 54.1-201 A 1 and A 5 of the Code of Virginia mandate the board promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The board provides protection to the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals who meet specific criteria set forth in the statutes and regulations are eligible to receive a barber, cosmetology, or nail or wax technician, instructor, salon, or school license or temporary permit. The board is also tasked with ensuring that the board's regulants meet standards of practice that are set forth in the regulation.
The comments received during the public comment period did not pertain to the regulation. The two identical public comments received pertained to the Esthetics Regulations (18VAC41-70) and reflected concerns regarding the board's future discussion of reducing or combining the Esthetics and Master Esthetics curriculum and licenses. The board has formed a regulatory advisory panel to review this subject.
The regulation is clearly written and easily understandable and does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent periodic review of the regulation occurred in 2019. Currently, the board is conducting a comprehensive review of the regulation.
Contact Information: Kelley Smith, Executive Director, Board for Barbers and Cosmetology, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, or email barbercosmo@dpor.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Barbers and Cosmetology conducted a periodic review and a small business impact review of 18VAC41-50, Tattooing Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 5, 2023, to support this decision.
The regulation (i) contains the requirements for obtaining a license, renewal and reinstatement of licenses, safety and sanitation procedures, and standards of professional conduct to ensure competence and integrity of all licensees and that the health, sanitary, and safety standards are adequate in salons, parlors, schools, and other facilities where tattoo, permanent cosmetic tattooing, and master permanent cosmetic tattooing services are provided; and (ii) administers the regulatory program in accordance with Chapters 2 (§ 54.1-200 et seq.) and 7 (§ 54.-700 et seq.) of Title 54.1 of the Code of Virginia. The regulation is necessary for the protection of public health, safety, and welfare and is clearly written and understandable.
On August 14, 2023, the board voted to retain the regulation as is without amendment. In accordance with the Governor's Executive Directive Number One (2022), the board is currently undertaking a separate action to perform a comprehensive line-by-line review of this regulation.
Section 54.1-201 A 1 and A 6 of the Code of Virginia mandate the board promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The board provides protection to the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals who meet specific criteria set forth in the statutes and regulations are eligible to receive a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer instructor, parlor, salon, or school license or temporary permit. The board is also tasked with ensuring that the board's regulants meet standards of practice that are set forth in the regulation.
There were no comments or complaints received during the public comment period. The regulation is clearly written and easily understandable and does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent periodic review of the regulation occurred in 2019. Currently, the board is conducting a comprehensive review of the regulation.
Contact Information: Kelley Smith, Executive Director, Board for Barbers and Cosmetology, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, or email barbercosmo@dpor.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Barbers and Cosmetology conducted a periodic review and a small business impact review of 18VAC41-60, Body-Piercing Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 5, 2023, to support this decision.
The regulation (i) contains the requirements for obtaining a license, renewal and reinstatement of licenses, safety and sanitation procedures, and standards of professional conduct to ensure competence and integrity of all licensees and that the health and sanitary standards and safety are adequate in salons and other facilities where body-piercing and body-piercing ear only services are provided; and (ii) administers the regulatory program in accordance with Chapters 2 (§ 54.1-200 et seq.) and 7 (§ 54.-700 et seq.) of Title 54.1 of the Code of Virginia. The regulation is necessary for the protection of public health, safety, and welfare and is clearly written and understandable.
On August 14, 2023, the board voted to retain the regulation as is without amendment. In accordance with the Governor's Executive Directive Number One (2022), the board is currently undertaking a separate action to perform a comprehensive line-by-line review of this regulation.
Section 54.1-201 A 1 and A 2 of the Code of Virginia mandate the board promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The board provides protection to the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals who meet specific criteria set forth in the statutes and regulations are eligible to receive a body-piercing or body-piercing ear only license or temporary permit. The board is also tasked with ensuring that the board's regulants meet standards of practice that are set forth in the regulation.
There were no comments or complaints received during the public comment period. The regulation is clearly written and easily understandable and does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent periodic review of the regulation occurred in 2019. Currently, the board is conducting a comprehensive review of the regulation.
Contact Information: Kelley Smith, Executive Director, Board for Barbers and Cosmetology, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, or email barbercosmo@dpor.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Barbers and Cosmetology conducted a periodic review and a small business impact review of 18VAC41-70, Esthetics Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 10, 2023, to support this decision.
The regulation (i) contains the requirements for obtaining a license, renewal and reinstatement of licenses, safety and sanitation procedures, and standards of professional conduct to ensure competence and integrity of all licensees and that the health and sanitary standards and safety are adequate in spas, schools, and other facilities where esthetics services are provided; and (ii) administers the regulatory program in accordance with Chapters 2 (§ 54.1-200 et seq.) and 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia. The regulation is necessary for the protection of public health, safety, and welfare and is clearly written and understandable.
On August 14, 2023, the board voted to retain the regulation as is without amendment. In accordance with the Governor's Executive Directive Number One (2022), the board is currently undertaking a separate action to perform a comprehensive line-by-line review of this regulation.
Section 54.1-201 A 1 and A 2 of the Code of Virginia mandate the board promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The board provides protection to the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals who meet specific criteria set forth in the statutes and regulations are eligible to receive an esthetician or a master esthetician instructor, salon, or school license or temporary permit. The board is also tasked with ensuring that the board's regulants meet standards of practice that are set forth in the regulation.
The public comments received addressed concerns regarding the board's future discussion of reducing or combining the Esthetics and Master Esthetics curriculum and licenses. The board has formed a regulatory advisory panel to review this subject. The regulation is clearly written and easily understandable and does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent periodic review of the regulation occurred in 2019. Currently, the board is conducting a comprehensive review of the regulation.
Contact Information: Kelley Smith, Executive Director, Board for Barbers and Cosmetology, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, or email barbercosmo@dpor.virginia.gov.
BOARD OF FUNERAL DIRECTORS AND EMBALMERS
Agency Notice
Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Funeral Directors and Embalmers is conducting a periodic review and a small business impact review of 18VAC65-11, Public Participation Guidelines. The review of this regulation will be guided by the principles in Executive Order 19 (2022). 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 November 6, 2023, and ends November 27, 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: Corie Tillman Wolf, Executive Director, Board of Funeral Directors and Embalmers, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4479, or email fanbd@dhp.virginia.gov.
DEPARTMENT OF HEALTH PROFESSIONS
Agency Notice
Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia the Department of Health Professions is conducting a periodic review and a small business impact review of 18VAC76-20, Regulations Governing the Prescription Monitoring Program. The review of this regulation will be guided by the principles in Executive Order 19 (2022). 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 November 6, 2023, and ends November 27, 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: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, Perimeter Center, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4688, or email erin.barrett@dhp.virginia.gov.
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TITLE 19. PUBLIC SAFETY
DEPARTMENT OF STATE POLICE
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of State Police conducted a periodic review and a small business impact review of 19VAC30-220, Virginia Methamphetamine Precursor Information System, and determined that this regulation should be retained as is. The department is publishing its report of findings dated October 17, 2023, to support this decision.
The purpose of this regulation is to provide guidance for use of and access to the web-accessed database by pharmacies and approved law-enforcement agencies to track pseudoephedrine (PSE) products. Pharmacies and retailers are currently required to capture certain data regarding ephedrine or PSE sales. The system enables pharmacies to easily enter the same PSE sales data currently being gathered online rather than recording the information into a manual log or in-store computer system. The regulation allows retailers to opt out of the electronic reporting system.
The regulation is being retained as is without amendment. Continued need for the regulation is necessary to promote public safety and reduce the improper and illegal use of PSE to manufacture methamphetamine. The department did not receive any comments or complaints during the 30-day public comment period. The regulation is not complex.
The regulation does not overlap, duplicate, or conflict with any other federal or state laws or regulations. The regulation is evaluated annually and does not rely on technology, economic conditions, or any other factors due to the nature of public participation.
The regulation provides a free, cost effective, and easy to use system for the reporting of PSE sales. Small businesses only need internet access to utilize the system, and the regulation provides for small business to opt out of the electronic reporting requirements in certain circumstances.
Contact Information: Keenon Hook, Law Enforcement Manager III, Department of State Police, P. O. Box 27472, Richmond, VA 23261-7472, telephone (804) 674-2739, or email keenon.hook@vsp.virginia.gov.