PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWS
Vol. 36 Iss. 9 - December 23, 2019

TITLE 9. ENVIRONMENT

STATE AIR POLLUTION CONTROL BOARD

Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Air Pollution Control Board conducted a small business impact review of 9VAC5-151, Regulation for Transportation Conformity, and determined that this regulation should be retained in its current form. The State Air Pollution Control Board is publishing its report of findings dated December 2, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation continues to be needed. It provides sources with the most cost-effective means of fulfilling ongoing state and federal requirements that protect air quality. No comments were received during the public comment period for the periodic review of this regulation. 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 updated in 2012. Over time, it generally becomes less expensive to characterize, measure, and mitigate the regulated pollutants that contribute to poor air quality. This chapter continues to provide the most efficient and cost-effective means to determine the level and impact of excess emissions and to control those excess emissions.

The department, through examination of the regulation, has determined that the regulatory requirements currently minimize the economic impact of emission control regulations 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: Gary Graham, Regulatory Analyst, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4103, FAX (804) 698-4319, or email gary.graham@deq.virginia.gov.

Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Air Pollution Control Board conducted a small business impact review of 9VAC5-210, Regulation for Dispute Resolution, and determined that this regulation should be retained in its current form. The State Air Pollution Control Board is publishing its report of findings dated October 31, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulation continues to be needed. The regulation is required by § 10.1-1186.3 D of the Code of Virginia. One comment was received during the public comment period requesting a change to the regulation. The commenter requested a change that was inconsistent with the requirements of state law.

The regulation provides guidelines for the dispute resolution process. The regulation includes issues such as the selection of a neutral, the responsibilities of the neutral, and the expectations of those involved in the process. The regulation establishes the ground rules for the dispute resolution process. This is a state only regulation and does not overlap with other federal or state laws or regulations.

This regulation was last amended in 2015 to update statutory references. The content of the regulation remains current and no changes are necessary at this time. There is a continued need for this regulation, and the agency has determined that this regulation imposes no additional regulatory burden on small businesses. The use of the dispute resolution process is voluntary and not required.

Contact Information: 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.

VIRGINIA WASTE MANAGEMENT BOARD

Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Waste Management Board conducted a small business impact review of 9VAC20-15, Regulation for Dispute Resolution, and determined that this regulation should be retained in its current form. The Virginia Waste Management Board is publishing its report of findings dated October 31, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulation continues to be needed. The regulation is required by § 10.1-1186.3 D of the Code of Virginia. No comments were received during the public comment period.

The regulation provides guidelines for the dispute resolution process. The regulation includes issues such as the selection of a neutral, the responsibilities of the neutral, and the expectations of those involved in the process. The regulation establishes the ground rules for the dispute resolution process. This is a state only regulation and does not overlap with other federal or state laws or regulations.

This regulation was last amended in 2015 to update statutory references. The content of the regulation remains current and no changes are necessary at this time. There is a continued need for this regulation, and the agency has determined that this regulation imposes no additional regulatory burden on small businesses. The use of the dispute resolution process is voluntary and not required.

Contact Information: 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.

STATE WATER CONTROL BOARD

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 9VAC25-15, Regulation for Dispute Resolution, and determined that this regulation should be retained in its current form. The State Water Control Board is publishing its report of findings dated October 31, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulation continues to be needed. The regulation is required by § 10.1-1186.3 D of the Code of Virginia. One comment was received during the public comment period requesting a change to the regulation. The commenter requested a change that was inconsistent with the requirements of state law.

The regulation provides guidelines for the dispute resolution process. The regulation includes issues such as the selection of a neutral, the responsibilities of the neutral, and the expectations of those involved in the process. The regulation establishes the ground rules for the dispute resolution process. This is a state only regulation and does not overlap with other federal or state laws or regulations.

This regulation was last amended in 2015 to update statutory references. The content of the regulation remains current and no changes are necessary at this time. There is a continued need for this regulation, and the agency has determined that this regulation imposes no additional regulatory burden on small businesses. The use of the dispute resolution process is voluntary and not required.

Contact Information: 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.

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 9VAC25-380, Wetlands Policy, and determined that this regulation should be retained in its current form. The State Water Control Board is publishing its report of findings dated November 4, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulation continues to be needed. The Wetlands Policy establishes the importance of protecting wetlands from destruction and recognizes the unique role wetlands play in managing water quality. Comments were received from Virginia Transportation Construction Alliance supporting retaining the Wetlands Policy in its current form. Comments with suggested edits to the policy were received from Pamela Mason of the Virginia Institute of Marine Science in conjunction with the Virginia Coastal Policy Center.

The regulation is clearly written in nontechnical language and is easily understandable by the individuals and entities it affects. This policy compliments but does not take the place of the Virginia Water Protection Permit Program Regulation (9VAC25-210). The regulation does not duplicate or conflict with federal or state law or regulation.

The regulation was last evaluated in 2011. The content of this policy remains current and applicable. The Wetlands Policy is applicable throughout the state with the goal of encouraging the conservation of wetlands. Small businesses will not be adversely impacted by the Wetlands Policy.

Contact Information: 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.

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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION

Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Professional and Occupational Regulation conducted a small business impact review of 18VAC120-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Department of Professional and Occupational Regulation is publishing its report of findings dated November 22, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The current regulations are necessary for the advisory boards to comply with § 2.2-4007.02 of the Code of Virginia. No public comments were received. The regulation is not complex in nature. The regulation does not overlap, duplicate, or conflict with federal or state laws or regulations. The last periodic review of this regulation occurred August, 2015.

The director determined that the regulation should not be amended or repealed but retained in its current form. No small business impact has been identified.

Contact Information: Mary Broz-Vaughan, Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8519, FAX (804) 527-4408, or email director@dpor.virginia.gov.

Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Professional and Occupational Regulation conducted a small business impact review of 18VAC120-40, Virginia Professional Boxing and Wrestling Events Regulations, and determined that this regulation should be retained in its current form. The Department of Professional and Occupational Regulation is publishing its report of findings dated November 21, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

No comments or complaints were received during the public comment period. The regulation is clearly written, 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 March, 2016. The current regulations became effective September 9, 2016.

Contact Information: Mary Broz-Vaughan, Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8519, FAX (804) 527-4408, or email director@dpor.virginia.gov.

BOARD FOR PROFESSIONAL SOIL SCIENTISTS, WETLAND PROFESSIONALS, AND GEOLOGISTS

Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Professional Soil Scientists, Wetland Professionals, and Geologists conducted a small business impact review of 18VAC145-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board for Professional Soil Scientists, Wetland Professionals, and Geologists is publishing its report of findings dated November 22, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The current regulations are necessary for the board to comply with § 2.2-4007.02 of the Code of Virginia. No public comments were received. The regulation is not complex in nature. The regulation does not overlap, duplicate, or conflict with federal or state laws or regulations. The last periodic review of this regulation occurred in 2015.

On November 19, 2019, the board reviewed the regulation and for the reasons stated in this section determined that the regulation should not be amended or repealed but retained in its current form. No small business impact has been identified.

Contact Information: Kathleen R. Nosbisch, Executive Director, Board for Professional Soil Scientists, Wetland Professionals, and Geologists, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (866) 465-6206, or email soilscientist@dpor.virginia.gov.

Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Professional Soil Scientists, Wetland Professionals, and Geologists conducted a small business impact review of 18VAC145-20, Professional Soil Scientists Regulations, and determined that this regulation should be retained in its current form. The Board for Professional Soil Scientists, Wetland Professionals, and Geologists is publishing its report of findings dated November 22, 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 Board for Professional Soil Scientists, Wetland Professionals, and Geologists 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 for Professional Soil Scientists, Wetland Professionals, and Geologists 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 license. The board is also tasked with ensuring that its regulants meet standards of practice that are set forth in the regulation.

No comments or complaints were received during the public comment period. The regulation is clearly written, 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 19, 2019, the board discussed the regulation and for the reasons stated in this section determined that the regulation should not be amended or repealed but retained in its current form.

Contact Information: Kathleen R. Nosbisch, Executive Director, Board for Professional Soil Scientists, Wetland Professionals, and Geologists, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (866) 465-6206, or email soilscientist@dpor.virginia.gov.

Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Professional Soil Scientists, Wetland Professionals, and Geologists conducted a small business impact review of 18VAC145-30, Regulations Governing Certified Professional Wetland Delineators, and determined that this regulation should be retained in its current form. The Board for Professional Soil Scientists, Wetland Professionals, and Geologists is publishing its report of findings dated November 22, 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 Board for Professional Soil Scientists, Wetland Professionals, and Geologists 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 for Professional Soil Scientists, Wetland Professionals, and Geologists provides protection to the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals and businesses who meet specific criteria set forth in the statutes and regulations are eligible to receive a license. The board is also tasked with ensuring that its regulants meet standards of practice that are set forth in the regulation.

No comments or complaints were received during the public comment period. The regulation is clearly written, 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 19, 2019, the board discussed the regulation and for the reasons stated in this section, determined that the regulation should not be amended or repealed but retained in its current form.

Contact Information: Kathleen R. Nosbisch, Executive Director, Board for Professional Soil Scientists, Wetland Professionals, and Geologists, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (866) 465-6206, or email soilscientist@dpor.virginia.gov.

Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Professional Soil Scientists, Wetland Professionals, and Geologists conducted a small business impact review of 18VAC145-40, Regulations for the Geology Certification Program, and determined that this regulation should be retained in its current form. The Board for Professional Soil Scientists, Wetland Professionals, and Geologists is publishing its report of findings dated November 22, 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 Board for Professional Soil Scientists, Wetland Professionals, and Geologists 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 for Professional Soil Scientists, Wetland Professionals, and Geologists provides protection to the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals and businesses who meet specific criteria set forth in the statutes and regulations are eligible to receive a license. The board is also tasked with ensuring that its regulants meet standards of practice that are set forth in the regulation.

No comments or complaints were received during the public comment period. The regulation is clearly written, 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 19, 2019, the board discussed the regulation and for the reasons stated in this section determined that the regulation should not be amended or repealed but retained in its current form.

Contact Information: Kathleen R. Nosbisch, Executive Director, Board for Professional Soil Scientists, Wetland Professionals, and Geologists, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (866) 465-6206, or email soilscientist@dpor.virginia.gov.