TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
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, 9VAC25-720, Water Quality Management Planning Regulation; and 9VAC25-820, General Virginia Pollutant Discharge Elimination System (VPDES) Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia are undergoing a periodic review. The review of each regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).
The Notice of Intended Regulatory Action for 9VAC25-720 and 9VAC25-820, which is published in this issue of the Virginia Register, serves as the announcement of the periodic review.
Contact Information: Gary E. Graham, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 689-4103, FAX (804) 698-4319, or email gary.graham@deq.virginia.gov.
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TITLE 12. HEALTH
STATE BOARD OF HEALTH
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Board of Health conducted a small business impact review of 12VAC5-115, Virginia Immunization Information System Regulations, and determined that this regulation should be retained in its current form. The State Board of Health is publishing its report of findings dated September 20, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia. The regulation was promulgated in 2015.
There is a continued need for the regulation as it is essential to outline the protocols for the Virginia Immunization Information System, as required by § 32.1-46.01 of the Code of Virginia. The agency did not receive any complaints or comments from the public during the periodic review. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with any other federal or state law or regulation.
Retaining the regulation does not appear to cause an adverse economic impact on small businesses in the Commonwealth of Virginia.
Contact Information: Joseph Hilbert, Deputy Commissioner, Government and Regulatory Affairs, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7001, FAX (804) 864-7022, or email joe.hilbert@vdh.virginia.gov.
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TITLE 13. HOUSING
BOARD OF HOUSING AND COMMUNITY DEVELOPMENT
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board of Housing and Community Development conducted a small business impact review of 13VAC5-11, Public Participation Guidelines, and determined that this regulation should be amended.
The fast-track regulatory action to amend 13VAC5-11, which is published in this issue of the Virginia Register, serves as the report of findings.
Contact Information: Kyle Flanders, Senior Policy Analyst, Department of Housing and Community Development, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 786-6761, FAX (804) 371-7090, or email kyle.flanders@dhcd.virginia.gov.
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TITLE 16. LABOR AND EMPLOYMENT
SAFETY AND HEALTH CODES BOARD
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Safety and Health Codes Board conducted a small business impact review of 16VAC25-55, Financial Responsibility of Boiler and Pressure Vessel Contract Fee Inspectors, and determined that this regulation should be retained in its current form. The Safety and Health Codes Board is publishing its report of findings dated September 18, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
By requiring contract fee inspectors to provide annual proof of indemnification, this regulation protects small business owners of boiler and pressure vessels by providing proof that contract fee inspectors have indemnified these owners against losses caused by negligent inspection and certification. Although contract fee inspectors will have to invest a small portion of time in copying and mailing a certificate of insurance or proof of other indemnification, the regulation is not overly complex and does not overlap, duplicate or conflict with federal or state law or regulation. Contract fee inspectors must also pay related copy and postage costs, but these are relatively small. This regulation provides flexible options for contract fee inspectors and minimizes, to the greatest extent possible, the impact on the regulated community.
No public comments were received.
Contact Information: Jay Withrow, Director of Legal Support, VPP, ORA, OWP, Department of Labor and Industry, 600 East Main Street, Suite 207, Richmond, VA 23233, telephone (804) 786-9873, or email jay.withrow@doli.virginia.gov.
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Safety and Health Codes Board conducted a small business impact review of 16VAC25-73, Regulation Applicable to Tree Trimming Operations, and determined that this regulation should be retained in its current form. The Safety and Health Codes Board is publishing its report of findings dated October 15, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
Subdivision 5 of § 40.1-22 of the Code of Virginia mandates that the Safety and Health Codes Board adopt standards that most adequately assure "…employee safety and health in places of employment over which it has jurisdiction…", and that the standards be at least stringent as the standards promulgated by the federal Occupational Safety and Health Administration (OSHA), as required by the federal OSH Act of 1970 (P.L.91-596).
This regulation is based on the American National Standard's Institute (ANSI) Z133.1-2006, Safety Requirements for Arboricultural Operations (with Modifications), for Application to Tree Trimming Operations. The regulation addresses non-logging, tree-trimming, and cutting operations on residential and commercial work sites. The regulation was adopted at the request of and in consultation with representatives of the tree care industry. It is designed to eliminate or reduce injuries, illnesses, and fatalities associated with tree trimming hazards.
Prior to adoption, VOSH applied the Logging Standard, 1910.266, to arborists\tree trimming operations anytime a tree was "felled," or cut down. The Logging Standard did not apply to tree trimming activities where a tree was not felled or cut down, so there was no specific regulation to address hazards associated specifically with trimming trees. As noted above, this regulation was adopted at the request of and in consultation with representatives of the tree care industry.
The current regulation is the least burdensome alternative for the protection of employees working in tree trimming occupations. This regulation closely tracks the industry approved ANSI Z133.1-2006 and does not overlap, duplicate, or conflict with federal or state law or regulation. No alternatives were considered for this regulation because there is no viable alternative to this regulation.
Because the regulation is based on ANSI Z133.1-2006, the regulated community is very familiar with the requirements and procedures designed to eliminate or reduce injuries, illnesses, and fatalities associated with tree trimming hazards.
No public comments were received.
Contact Information: Jay Withrow, Director of Legal Support, VPP, ORA, OWP, Department of Labor and Industry, 600 East Main Street, Suite 207, Richmond, VA 23233, telephone (804) 786-9873, or email jay.withrow@doli.virginia.gov.
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Safety and Health Codes Board conducted a small business impact review of 16VAC25-75, Telecommunications, General, Approach Distances, and determined that this regulation should be retained in its current form. The Safety and Health Codes Board is publishing its report of findings dated October 15, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
There is a continued need for this regulation because it ensures uniformity of the regulation for general industry, construction, and telecommunications workers who perform the same type of electrical transmission work. The regulation makes telecommunications requirements identical to 16VAC25-90-1910.269(1)(3), Federal Identical General Industry Standards, and provides safety protections for telecommunications workers equal to those afforded general industry electrical transmission and distribution workers. In the past, the establishment of less stringent compliance requirements directly resulted in fatal electrocution hazards for employees.
The Department of Labor and Industry did not consider an alternative because this regulation is the least burdensome alternative available for achieving the purpose of the regulation. It is not overly complex, has no negative impact on the regulated community, and does not overlap, duplicate, or conflict with federal or state law or regulation.
No alternatives were considered for this regulation because, in the past, the establishment of less stringent compliance requirements directly resulted in fatal electrocution hazards for employees. For the reasons noted above, this regulation is the least burdensome alternative available for achieving the purpose of the regulation.
No public comments were received.
Contact Information: Jay Withrow, Director of Legal Support, VPP, ORA, OWP, Department of Labor and Industry, 600 East Main Street, Suite 207, Richmond, VA 23233, telephone (804) 786-9873, or email jay.withrow@doli.virginia.gov.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF PSYCHOLOGY
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board of Psychology conducted a small business impact review of 18VAC125-20, Regulations Governing the Practice of Psychology, and determined that this regulation should be amended.
The proposed regulatory action to amend 18VAC125-20, which is published in this issue of the Virginia Register, serves as the report of findings.
Agency Contact: Jaime Hoyle, Executive Director, Board of Psychology, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4406, FAX (804) 327-4435, or email jaime.hoyle@dhp.virginia.gov.
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TITLE 22. SOCIAL SERVICES
STATE BOARD OF SOCIAL 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, 22VAC40-80, General Procedures and Information for Licensure, is undergoing a periodic review. The review of this regulation 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.
Contact information (preferably an email address or, alternatively, a U.S. mailing address) must accompany a comment to receive a response. Following the close of the public comment period, a report of both reviews will be posted on the Virginia Regulatory Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.
Contact Information: Tatanishia Armstrong, Licensing Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7152, FAX (804) 726-7132, or email tatanishia.armstrng@dss.virginia.gov.