TITLE 4. CONSERVATION AND NATURAL RESOURCES
VIRGINIA SOIL AND WATER CONSERVATION BOARD
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Soil and Water Conservation Board conducted a small business impact review of 4VAC50-20, Impounding Structure Regulations, and determined that this regulation should be amended.
The Notice of Intended Regulatory Action to amend 4VAC50-20, which is published in this issue of the Virginia Register, serves as the report of findings.
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, FAX (804) 786-6141, or email lisa.mcgee@dcr.virginia.gov.
w –––––––––––––––––– w
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, the Department of Environmental Quality is conducting a periodic review and small business impact review of 9VAC25-192, Virginia Pollutant Abatement (VPA) Regulation and General Permit for Animal Feeding Operations and Animal Waste Management. 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The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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.
The comment period begins December 9, 2019, and ends December 30, 2019.
Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Melissa Porterfield, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.virginia.gov.
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 Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.
Contact Information: Melissa Porterfield, Office of Regulatory Affairs, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.virginia.gov.
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Water Control Board conducted a small business impact review of 9VAC25-220, Surface Water Management Area Regulation, and determined that this regulation should be retained in its current form. The State Water Control Board is publishing its report of findings dated September 24, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
The regulation continues to be needed. As the demand for water increases and certain confined groundwater aquifers become threatened from becoming overdrawn, the dependence on surface water supplies is predicted to increase.
One comment was received from the regulated community supporting retaining the regulation without changes. Three identical comments were received from the general public requesting additional regulations that will enhance inspection procedures applicable to both the Atlantic Coast Pipeline (ACP) and the Mountain Valley Pipeline (MVP) projects that will take into account the full scale of the projects. This regulation establishes the procedures and requirements to be followed in connection with establishment of surface water management areas, the issuance of surface water withdrawal permits, and the issuance of surface water withdrawal certificates by the board pursuant to the Code of Virginia. This regulation is not related to inspection procedures for the ACP and the MVP projects.
The regulation is complex in nature because it includes permit conditions for the protection of instream uses, conservation of water by users of surface water, and monitoring requirements.
This regulation is a state-only regulation, and there is no equivalent federal regulation. This regulation is part of a series of regulations utilized by the State Water Control Board to protect water resources in the Commonwealth. The Surface Water Management Area Regulation is closely related to the Virginia Water Protection Permit Program (VWPP) (9VAC25-210) because both regulations govern impacts to the instream flow of surface waters. The Surface Water Management Area Regulation however specifically addresses surface water withdrawals during low flow periods regulated under the Surface Water Management Act of 1989. The Water Withdrawal Reporting regulation (9VAC25-200) requires withdrawers of surface water (and groundwater) to report monthly and annual withdrawals of water. The Groundwater Withdrawal Regulations (9VAC25-610) address groundwater withdrawals in groundwater management areas and conjunctive uses of groundwater and surface water. The Local and Regional Water Supply Planning regulation (9VAC25-25-780) requires the development of plans that project long-term water demand to determine long-term availability of water. Collectively the regulations adopted by the State Water Control Board protect state waters, including surface waters, and regulate withdrawals of surface water within surface water management areas, which plays a role in protecting surface waters from impacts caused from the withdrawals. The Surface Water Management Area Regulation does not conflict with any federal or state regulation.
The regulation was last amended in 2016 to update citations and conform to statutory language. The content of the regulation is current, and no changes are needed to the regulation.
Currently no surface water management areas have been designated. The regulation does exclude surface water withdrawals of less than 300,000 gallons in any single month from being required to obtain a permit. Depending on the type of small business, this provision may exempt small businesses from being required to obtain a permit. This would provide small businesses with some regulatory relief since their withdrawals would have a smaller impact on the environment.
Contact Information: Melissa Porterfield, Office of Regulatory Affairs, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.virginia.gov.
w –––––––––––––––––– w
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 12VAC5-105, Rabies 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 October 29, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
There is a continued need for the regulation as it is essential to provide guidance related to rabies prevention, control, and response efforts in support of Chapter 834 of the 2010 Acts of Assembly. 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. The regulation was last updated in 2015 when the regulation was promulgated. Retaining the regulation does not appear to cause an adverse economic impact on small businesses in the Commonwealth of Virginia.
Contact Information: Kristin Collins, Policy Analyst, Virginia Department of Health, 109 Governor Street, Office 642, Richmond, VA 23219-3623, telephone (804) 864-7298, or email kristin.collins@vdh.virginia.gov.
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, the State Board of Health is conducting a periodic review and small business impact review of 12VAC5-165, Regulations for the Repacking of Crab Meat. The review 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.
Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm.
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 Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.
The comment period begins December 9, 2019, and ends December 30, 2019.
Contact Information: Danielle Schools, Shellfish Plant Program Manager, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7467, or email danielle.schools@vdh.virginia.gov.
w –––––––––––––––––– w
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
REAL ESTATE BOARD
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Real Estate Board conducted a small business impact review of 18VAC135-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Real Estate Board is publishing its report of findings dated November 14, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
Section 2.2-4007.02 of the Code of Virginia mandates an agency to solicit the input of interested parties in the formation and development of its regulations. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare by establishing public participation guidelines to promote public involvement in the development, amendment, or repeal of an agency's regulation. By soliciting the input of interested parties, the agency is better equipped to effectively regulate an occupation or profession.
No complaints or comments were received during the public comment period. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation.
The most recent periodic review of the regulation occurred in 2015. On November 14, 2019, the board discussed the regulation and for the reasons stated determined that the regulation should not be amended or repealed but retained in its current form.
Contact Information: Christine Martine, Executive Director, Real Estate Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8552, FAX (866) 826-8863, or email reboard@dpor.virginia.gov.
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Real Estate Board conducted a small business impact review of 18VAC135-20, Virginia Real Estate Board Licensing Regulations, and determined that this regulation should be retained in its current form. The Real Estate Board is publishing its report of findings dated November 15, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
Subdivision 5 of § 54.1-201 of the Code of Virginia mandates the Real Estate Board to 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 Real Estate 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 statute and regulation are eligible to receive a real estate appraiser license and business registration. The board is also tasked with ensuring that its regulants meet standards of practice that are set forth in the regulations.
No comments or complaints were 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 2015. On November 14, 2019, the board discussed the regulation and for the reasons stated determined that the regulation should not be amended or repealed but retained in its current form.
Contact Information: Christine Martine, Executive Director, Real Estate Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8552, FAX (866) 826-8863, or email reboard@dpor.virginia.gov.
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Real Estate Board conducted a small business impact review of 18VAC135-50, Fair Housing Regulations, and determined that this regulation should be retained in its current form. The Real Estate Board is publishing its report of findings dated November 15, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
Subdivision 5 of § 54.1-201 of the Code of Virginia mandates the Real Estate Board to 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 Real Estate Board and the Fair Housing Board provide protection to the safety and welfare of the citizens of the Commonwealth by ensuring enforcement of the Fair Housing Law. The boards are also tasked with ensuring that regulants meet standards of practice that are set forth in the regulations.
No comments or complaints were 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 2015. On November 14, 2019, the board discussed the regulation and for the reasons stated determined that the regulation should not be amended or repealed but retained in its current form.
Contact Information: Christine Martine, Executive Director, Real Estate Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8552, FAX (866) 826-8863, or email reboard@dpor.virginia.gov.
w –––––––––––––––––– w
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, the State Board of Social Services is conducting a periodic review and small business impact review of 22VAC40-293, Locality Groupings. The review 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.
Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm.
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 Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.
The comment period begins December 9, 2019, and ends December 30, 2019.
Contact Information: Mark Golden, TANF Program Manager, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7385, FAX (804) 726-7357, or email mark.golden@dss.virginia.gov.
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, the State Board of Social Services is conducting a periodic review and small business impact review of 22VAC40-685, Virginia Energy Assistance Program - Home Energy Assistance Program. The review 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.
Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm.
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 Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.
The comment period begins December 9, 2019, and ends December 30, 2019.
Contact Information: Denise Surber, Interim Program Manager, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7386, FAX (804) 726-7358, or email denise.t.surber@dss.virginia.gov.