PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWS
Vol. 36 Iss. 26 - August 17, 2020

TITLE 2. AGRICULTURE

DEPARTMENT OF AGRICULTURE AND
CONSUMER 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 following regulation is undergoing a periodic review and a small business impact review: 2VAC5-11, Public Participation Guidelines. 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The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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.

Public comment period begins August 17, 2020, and ends September 7, 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: Kevin Schmidt, Board Secretary, Department of Agriculture and Consumer Services, Oliver Hill Building, 102 Governor Street, Suite 219, Richmond, VA 23219, telephone (804) 786-1346, FAX (804) 371-7679, or email kevin.schmidt@vdacs.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 following regulations are undergoing a periodic review and a small business impact review: 2VAC5-61, Regulations Governing Livestock Dealers and Marketing Facilities for the Purpose of Controlling and Eradicating Infectious and Contagious Diseases of Livestock; 2VAC5-70, Health Requirements Governing the Control of Equine Infectious Anemia in Virginia; 2VAC5-80, Requirements Governing the Branding of Cattle in Virginia; 2VAC5-111, Public and Private Animal Shelters; and 2VAC5-190, Rules and Regulations Establishing a Monitoring Program for Avian Influenza and Other Poultry Diseases. 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 each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to each 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 August 17, 2020, and ends September 7, 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: Dr. Carolynn Bissett, Program Manager, Office of Veterinary Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-2483, FAX (804) 371-2380, TDD (800) 828-1120, or email carolynn.bissett@vdacs.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 following regulation is undergoing a periodic review and a small business impact review: 2VAC5-240, Rules and Regulations for Enforcement of the Grain Handlers Law. 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.

Public comment period begins August 17, 2020, and ends September 7, 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: Olivia Wilson, Deputy Director, Commodity Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-2112, FAX (804) 225-4434, TDD (800) 828-1120, or email olivia.wilson@vdacs.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 following regulations are undergoing a periodic review and a small business impact review: 2VAC5-319, Best Management Practices for the Operation of Apiaries in Order to Limit Operator Liability; 2VAC5-330, Rules and Regulations for Enforcement of the Virginia Pest Law-Virginia Gypsy Moth Quarantine; 2VAC5-360, Regulations for the Enforcement of the Virginia Commercial Feed Act; and 2VAC5-400, Rules and Regulations for the Enforcement of the Virginia Fertilizer Law. 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 each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to each 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 August 17, 2020, and ends September 7, 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: David Gianino, Program Manager, Office of Plant Industry Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (800) 786-3515, FAX (804) 371-7793, TDD (800) 828-1120, or email david.gianino@vdacs.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 following regulations are undergoing a periodic review and a small business impact review: 2VAC5-350, Rules and Regulations for the Enforcement of the Virginia Commission Merchant Law, and 2VAC5-480, Regulation Governing the Oxygenation of Gasoline. 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 each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to each 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 August 17, 2020, and ends September 7, 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 Milton, Program Manager, Office of Weights and Measures, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-1274, FAX (804) 786-1571, TDD (800) 828-1120, or email gary.milton@vdacs.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 following regulations are undergoing a periodic review and a small business impact review: 2VAC5-550, Rules and Regulations Pertaining to Tolerances and Prohibitions Applicable to Sausage; 2VAC5-560, Rules and Regulations Pertaining to Labeling and Sale of Infant Formula; 2VAC5-570, Rules and Regulations Defining Standards for Grades/Sizes of Shell Eggs; and 2VAC5-585, Retail Food Establishment Regulations. 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 each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to each 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 August 17, 2020, and ends September 7, 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: Ryan Davis, Program Manager, Office of Dairy and Foods, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-8899, FAX (804) 371-7792, TDD (800) 828-1120, or email ryan.davis@vdacs.virginia.gov.

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TITLE 9. ENVIRONMENT

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 periodic review and small business impact review of 9VAC20-20, Schedule of Fees for Hazardous Waste Facility Site Certification, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated June 29, 2020, to support this decision.

The regulation is authorized by state law and is necessary to protect public health and welfare. Without this regulation, the Commonwealth would be required to pay all costs associated with processing applications and site certifications for hazardous waste management sites, which would reduce funding of other service areas. The regulation is technical in nature; however, it is clearly written and easily understandable.

The regulation continues to be needed and is being retained without changes.

The board is authorized to adopt a schedule of fees to charge applicants and to collect fees for the cost of processing applications and site certifications, and this regulation complies with the board's statutory authority. These fees defray costs associated with the review of these site certifications.

No public comments were received during the periodic review of this regulation.

This regulation is one regulation in a series all of which are related to hazardous waste facility site certifications. Maintaining multiple regulations each of which address different aspects of hazardous waste facility site certifications removes complexity from the regulatory process and allows users to focus on applicable requirements.

This regulation does not overlap, duplicate, or conflict with any state or federal law. This regulation does interact with three other state regulations. The four separate regulations work together to protect public health and welfare concerning the siting of hazardous waste facility sites.

This regulation last underwent a periodic review in 2016. This regulation was amended in August 2012 to update a mailing address within the regulation.

The department, through examination of the regulation, has determined that the regulatory requirements currently minimize the economic impact of these regulations on small businesses.

Contact Information: Melissa Porterfield, 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 Virginia Waste Management Board conducted a periodic review and small business impact review of 9VAC20-30, Technical Assistance Fund Administrative Procedures, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated June 29, 2020, to support this decision.

This regulation is necessary for the protection of public health, safety, and welfare. This regulation sets forth the process for a community hosting a hazardous waste facility to obtain technical assistance funds for a thorough and efficient review by the host community's local government of the proposed hazardous waste facility's impact on public health, safety, and welfare and on the environment. Without this fund, it is unlikely that the host community's local government would be able to conduct this evaluation.

The regulation is effective and continues to be needed and is being retained.

The regulation continues to be needed to provide a governing body of a community hosting a hazardous waste facility with a process for obtaining technical assistance funds to evaluate the proposed hazardous waste facility's impact on public health, safety, and welfare and on the environment.

No public comments were received during the public comment period.

This regulation has been written to establish the process for a governing body of a community hosting a hazardous waste facility to obtain technical assistance funds. It is clearly written and is consistent with the requirements of statute and other related regulations.

This regulation does not overlap, duplicate, or conflict with any state law or other state regulation. This regulation is part of a set of four related regulations mandated by Virginia statutes that establish a procedure for siting of hazardous waste management facilities including certification of the site, investigation of the site, resolution of issues between the applicant and the host community, and funding the process.

A periodic review was last conducted on this regulation in 2016, and the regulation remains current.

This regulation allows localities a governing body of a community hosting a hazardous waste facility to obtain technical assistance funds. Small businesses are not impacted by this regulation.

Contact Information: Melissa Porterfield, 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 Virginia Waste Management Board conducted a periodic review and small business impact review of 9VAC20-40, Administrative Procedures for Hazardous Waste Facility Site Certification, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated June 29, 2020, to support this decision.

This regulation is necessary for the protection of public health, safety, and welfare. This regulation establishes administrative procedures for the submission and evaluation of applications for certification of hazardous waste facility sites, including the processing of applications and public notice requirements. This regulation is technical in nature and is clearly written and easily understandable.

The regulation is effective and continues to be needed and is being retained.

The regulation continues to be needed to establish administrative procedures for the submission and evaluation of applications for certification of hazardous waste facility sites, including the processing of applications and public notice requirements.

No public comments were received during the public comment period.

This regulation establishes administrative procedures for the submission and evaluation of applications for certification of hazardous waste facility sites, including the processing of applications and public notice requirements. It is clearly written and is consistent with the requirements of statute and other related regulations.

This regulation does not overlap, duplicate, or conflict with any state law or other state regulation. This regulation is part of a set of four related regulations mandated by Virginia statutes that establish a procedure for siting of hazardous waste management facilities including certification of the site, investigation of the site, resolution of issues between the applicant and the host community, and funding the process.

A periodic review was last conducted on this regulation in 2016, and the regulation remains current.

The department has determined that the regulatory requirements currently minimize the economic impact of these regulations on small businesses while meeting the requirements of state law.

Contact Information: Melissa Porterfield, 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 Virginia Waste Management Board conducted a periodic review and small business impact review of 9VAC20-50, Hazardous Waste Facility Siting Criteria, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated June 29, 2020, to support this decision.

This regulation establishes the siting criteria for hazardous waste facilities and is protective of human health and the environment. The regulation is clearly written and easily understandable.

The regulation is effective and continues to be needed and is being retained.

The regulation continues to be needed to establish siting criteria for hazardous waste facilities.

No public comments were received during the public comment period.

This regulation establishes siting criteria for hazardous waste facility sites. It is clearly written and is consistent with the requirements of statute and other related regulations.

This regulation does not overlap, duplicate, or conflict with any state law or other state regulation. This regulation is part of a set of four related regulations mandated by Virginia statutes that establish a procedure for siting of hazardous waste management facilities including certification of the site, investigation of the site, resolution of issues between the applicant and the host community, and funding the process.

A periodic review was last conducted on this regulation in 2016, and the regulation remains current.

The department has determined that the regulatory requirements currently minimize the economic impact of these regulations on small businesses while meeting the requirements of state law.

Contact Information: Melissa Porterfield, 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.

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 following regulations are undergoing a periodic review and a small business impact review: 9VAC25-210, Virginia Water Protection Permit Program Regulation; 9VAC25-660, Virginia Water Protection General Permit for Impacts Less Than One-Half Acre; 9VAC25-670, Virginia Water Protection General Permit for Facilities and Activities of Utility and Public Service Companies Regulated by the Federal Energy Regulatory Commission or the State Corporation Commission and Other Utility Line Activities; 9VAC25-680, Virginia Water Protection General Permit for Linear Transportation Projects; and 9VAC25-690, Virginia Water Protection General Permit for Impacts from Development and Certain Mining Activities. 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 each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to each 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 August 17, 2020, and ends September 7, 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: Melissa Porterfield, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4178, or email melissa.porterfield@deq.virginia.gov.