TITLE 9. ENVIRONMENT
STATE AIR POLLUTION 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 following regulation is undergoing a periodic review and a small business impact review: 9VAC5-30, Ambient Air Quality Standards. 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The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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.
Public comment period begins July 6, 2020, and ends August 10, 2020.
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: 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) 698-4178, 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 periodic review and small business impact review of 9VAC5-160, Regulation for General Conformity, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated July 1, 2020, to support this decision.
This regulation enhances the department's ability to ensure compliance with all applicable federal requirements under the Clean Air Act and specific requirements under the state code by ensuring that nontransportation federal projects conform to the State Implementation Plan and state regulations. The regulation has been effective in achieving its specific and measurable goals, which are as follows:
1. To protect public health, safety, and welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth.
2. To ensure that federal actions conform with Virginia's air quality plans and programs.
3. To prohibit emissions from nonconforming federal projects that would contribute to nonattainment of the national air quality standards or interference with maintenance of the standards.
The regulation has been effective in protecting public health, safety, and welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth.
The department has determined that the regulation is clearly written and easily understandable by the individuals and entities affected. 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 and federal requirements and is effective in meeting its goals; therefore, the regulation is being retained without amendment.
This regulation continues to be needed. It provides the necessary requirements for conformity to ensure that federal projects have the most cost-effective means of fulfilling ongoing state and federal requirements that protect air quality.
No comments were received that indicate a need to repeal or revise the regulation.
The regulation's level of complexity is appropriate to ensure that the regulated entities are able to meet their legal mandates as efficiently and cost-effectively as possible.
This regulation does not overlap, duplicate, or conflict with any state law or other state regulation. This chapter was last amended in 2020.
This chapter was also amended in 2011, 2016, and 2017.
Over time, it generally becomes less expensive to characterize, measure, and mitigate the regulated pollutants that contribute to poor air quality. This regulation 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 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 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF PSYCHOLOGY
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 following regulation is undergoing a periodic review and a small business impact review: 18VAC125-15, Regulations Governing Delegation to an Agency Subordinate. 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.
Public comment period begins July 20, 2020, and ends August 10, 2020.
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: 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
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Board of Social Services conducted a periodic review and small business impact review of 22VAC40-41, Neighborhood Assistance Tax Credit Program, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated June 17, 2020, to support this decision.
The purpose of Neighborhood Assistance Tax Credit Program (NAP) is to encourage businesses, trusts, and individuals to make donations to approved 501(c)(3) organizations for the benefit of low-income persons. In return for their contributions, donators may receive tax credits equal to 65% of the donation that may be applied against their state income tax liability. The benefits provided to low-income persons are necessary to protect health and welfare. The existing regulation meets the criteria set out in Executive Order 14 (as amended July 16, 2018), remains clearly and concisely written and easily understandable.
The State Board of Social Services recommends that the regulation stay in effect without change.
The regulation is necessary to ensure effective operation of NAP, as authorized by the Code of Virginia. It does not overlap or conflict with federal or state law or regulation. The use of NAP is voluntary for the neighborhood organization and business and does not have a negative impact on small business. A business can receive a state tax credit for donating to approved NAP projects.
Contact Information: Wanda Stevenson, Program Technician, Neighborhood Assistance Tax Credit Program, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7924, FAX (804) 726-7088, or email wanda.stevenson@dss.virginia.gov.
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Board of Social Services conducted a periodic review and small business impact review of 22VAC40-293, Locality Groupings, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated April 15, 2020, to support this decision.
This regulation is clearly written and easily understandable. The Temporary Assistance for Needy Families (TANF) Program and regulation are essential to protecting the welfare of vulnerable citizens by assisting families with children in meeting basic needs. The regulation is necessary as it provides a mechanism for a locality to switch grouping when there is evidence to support that need. This regulation will protect families by allowing them access to greater resources in certain situations. This regulation establishes criteria using data that is easily obtainable and readily available. This results in a system that is more equitable to families across the Commonwealth.
The agency recommends retaining the regulation without change. Without it there would be no means of reviewing or changing the TANF payment level for a specific locality. Since this regulation has been in effect, 12 localities have switched to higher paying locality groupings, directly benefitting the citizens of those areas.
The regulation needs to be retained because it provides a mechanism for a locality to switch grouping when there is evidence to support that need. No comments have been received in the past concerning this regulation. This regulation is clearly written and easily understandable. This regulation does not overlap, duplicate, or conflict with any federal or state law or regulation. While economic conditions as well as local cost of living standards continue to change, this regulation provides a means for a locality to change locality groupings as a result of such changes. This regulation was last reviewed in 2016. It has no impact on small businesses.
Contact Information: Mark Golden, Program Manager, Temporary Assistance for Needy Families, 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.
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Board of Social Services conducted a periodic review and small business impact review of 22VAC40-685, Virginia Energy Assistance Program - Home Energy Assistance Program, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated April 17, 2020, to support this decision.
The existing regulation meets the criteria set forth in Executive Order 14. It is necessary for the protection of public health, safety, and welfare for the citizens of the Commonwealth. Home Energy Assistance Program (HEAP) provides funding to augment the Low-Income Home Energy Assistance Program, which provides critical heating, cooling, and crisis assistance that ensures the safety, health, and welfare of Virginia's low-income citizens. The regulation is clear and concise and written in a manner easily understood.
The agency recommends that the regulation be retained without change to ensure the agency remains in compliance with § 63.2-805 of the Code of Virginia and that the public is aware of the procedures regarding program administration and fund disbursement for the HEAP.
The regulation grants authority to DSS to receive and disburse HEAP funds. These funds are used to supplement the Low-Income Home Energy Assistance Program (LIHEAP) federal funding, which is used to offer and administer the Energy Assistance Program (EAP). In addition, HEAP funds may be used to leverage additional federal funds. The department did not receive any complaints or comments on the regulation.
Because this regulation makes revenue available to over 500 vendors, the impact of the regulation on small business is positive. The regulation provides eligible EAP vendors, which includes vendors from the small business community, access to revenue made available through the federally funded LIHEAP. The regulation is not complex and does not overlap, duplicate, or conflict with other federal or state laws or regulations. The last evaluation of this regulation occurred in 2015. Business entities that provide EAP goods and services are eligible to participate as vendors in the EAP. Payments to vendors are determined by their respective products, self-designated service areas and by customer selection. There is no need to amend or repeal the regulation to minimize the economic impact on small businesses.
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.
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TITLE 24. TRANSPORTATION AND
MOTOR VEHICLES
DEPARTMENT OF TRANSPORTATION
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Department of Transportation (VDOT) conducted a periodic review and small business impact review of 24VAC30-73, Access Management Regulations, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated April 21, 2020, to support this decision.
Each proposed highway entrance creates a potential conflict point that impacts the safe and efficient flow of traffic on the highway; therefore, private property interests in access to the highway must be balanced with public interests of safety and mobility. Managing access to highways can reduce traffic congestion, help maintain the levels of service, enhance public safety by decreasing traffic conflict points, support economic development by promoting the efficient movement of people and goods, reduce the need for new highways and road widening by improving the performance of existing highways, preserve the public investment in new highways by maximizing their efficient operation, and better coordinate transportation and land use decisions. It is essential that entrance and site design allow safe and efficient movements of traffic using the entrance while minimizing the impact of such movements on the operation of the systems of state highways. The regulation is necessary for the protection of public health, safety and welfare and is clearly written and easily understandable.
For the reasons stated, VDOT recommends retaining the regulation as is.
There is a continued need for this regulation, and it is essential for ensuring the safety of the traveling public. The regulation is not complex and does not overlap, duplicate, or conflict with other federal or state law or regulation. This regulation was first adopted in 2009, and has been amended several times, most recently in 2013.
Contact Information: JoAnne P. Maxwell, Agency Regulatory Coordinator, Governance and Legislative Affairs Division, Virginia Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-1830, FAX (804) 225-4700, or email joanne.maxwell@vdot.virginia.gov.
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Department of Transportation (VDOT) conducted a periodic review and small business impact review of 24VAC30-121, Comprehensive Roadside Management Program, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated April 22, 2020, to support this decision.
The regulation is necessary to allow private businesses, civic organizations, communities, individuals, and local governments an opportunity to improve the appearance and safety of the state maintained right-of-way or real property, herein referred to as right-of-way, by participating in the project development, establishment, and maintenance of landscaping activities within the state-maintained right-of-way. Acknowledgment signs must comply with clear zone safety requirements and the criteria for placement for specific highway systems and access type. The regulation is clearly written and easily understandable.
The decision is to retain this regulation without making changes. There is a continued need for this regulation. There have been several participants throughout the Commonwealth since the beginning of the Comprehensive Roadside Management Program (CRMP). Currently, there are additional projects in the early planning stages of development within the Commonwealth.
There is a continued need for this regulation because it enables private businesses, civic organizations, communities, individuals, and local governments to have an opportunity to improve the appearance and safety of the state maintained right-of-way. The program allows participants the flexibility of providing monetary or noncash contributions in addition to selecting the highway system that they would like to participate based on their contribution. To date, comments on the existing projects have been positive. Guidance documents developed by VDOT assist participants with the implementation of the program, however the regulation is not overly complex. There is no overlap, duplication, or conflict with federal or state law or regulation. The regulation was adopted in 2006 and was last amended in 2011.
Contact Information: JoAnne P. Maxwell, Agency Regulatory Coordinator, Governance and Legislative Affairs Division, Virginia Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-1830, FAX (804) 225-4700, or email joanne.maxwell@vdot.virginia.gov.
COMMONWEALTH TRANSPORTATION BOARD
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Commonwealth Transportation Board (CTB) conducted a periodic review and small business impact review of 24VAC30-151, Land Use Permit Regulations, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated April 21, 2020, to support this decision.
All occupation of state highway rights-of-way, including occupation by utilities and other proprietary functions of localities, is to be under the authority granted by a land use permit issued in accordance with the Virginia Department of Transportation's Land Use Permit Manual. The Land Use Permit Regulations set out the requirements that must be met in order to occupy state highway rights-of-way. The permits address safety issues, such as proper procedures for temporarily closing travel lanes, standards for entrances and access points onto highways, affixing signs and other objects to structures in the right-of-way, and location and protection of utility lines. The regulation is necessary for the protection of the public health, safety, and welfare of the public traveling on or near public highways and is clearly written and easily understandable.
The Commonwealth Transportation Board is recommending retaining the regulation as is. In the interests of ensuring the safety of the traveling public, the CTB concurs that there are no viable alternatives to this regulation and that the current regulation is the least burdensome approach for achieving the purposes set forth by the regulation.
Retention of the Land Use Permit Regulations is necessary for the health, safety, and welfare of the traveling public. No comments were received concerning the regulation. The regulation is not complex and does not overlap, duplicate, or conflict with any other laws or regulations. The regulation was adopted in 2010 to replace the Highway Access Management Regulations for Principal Arterials, 24VAC30-150. The regulation has been amended several times for various reasons since then, including in 2011, 2014, 2015, and 2018.
Contact Information: JoAnne P. Maxwell, Agency Regulatory Coordinator, Governance and Legislative Affairs Division, Commonwealth Transportation Board, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-1830, FAX (804) 225-4700, or email joanne.maxwell@vdot.virginia.gov.