TITLE 4. CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF MINES, MINERALS AND ENERGY
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Mines, Minerals and Energy conducted a periodic review and a small business impact review of 4VAC25-11, Public Participation Guidelines, 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.
The department has determined that this regulation is necessary to ensure the agency's stakeholders are aware of the requirements for publicly participating in the regulatory process. The regulation is clearly written and easily understandable.
The Department of Mines, Minerals and Energy recommends that this regulation stay in effect without change.
This regulation is mandated by statute. In conjunction with the Coal Mining Safety Board, the Division of Mines Chief has determined this regulation is effective as currently written and does not burden small businesses. There are no known overlaps or conflicts with federal or state law.
Contact Information: Michael Skiffington, Regulatory Coordinator, Department of Mines, Minerals and Energy, 1100 Bank Street, 8th Floor, Richmond, VA 23219-3402, telephone (804) 692-3212, FAX (804) 692-3237, TDD (800) 828-1120, or email mike.skiffington@dmme.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Mines, Minerals and Energy conducted a periodic review and a small business impact review of 4VAC25-60, Rules and Regulations Governing the Installation and Use of Automated Temporary Roof Support Systems, 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.
The Division of Mines Chief, in consultation with the Coal Mine Safety Board (CMSB), has determined that this regulation is necessary for the protection of public health, safety, and welfare. The regulation is vital to ensuring the safety of underground mines in the Commonwealth. The regulation is clearly written and easily understandable.
The Department of Mines, Minerals and Energy recommends that this regulation stay in effect without change.
This regulation is mandated by statute. In conjunction with the CMSB, the chief has determined this regulation is effective as currently written and does not burden small businesses. There are no known overlaps or conflicts with federal or state law.
Contact Information: Michael Skiffington, Regulatory Coordinator, Department of Mines, Minerals and Energy, 1100 Bank Street, 8th Floor, Richmond, VA 23219-3402, telephone (804) 692-3212, FAX (804) 692-3237, TDD (800) 828-1120, or email mike.skiffington@dmme.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Mines, Minerals and Energy conducted a periodic review and a small business impact review of 4VAC25-70, Regulations Governing Disruption of Communications in Mines, 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.
The Division of Mines Chief, in consultation with the Coal Mining Safety Board (CMSB), has determined that this regulation is necessary for the protection of public health, safety, and welfare. The regulation is vital to ensuring the safety of underground mines in the Commonwealth. The regulation is clearly written and easily understandable.
The Department of Mines, Minerals and Energy recommends that this regulation stay in effect without change.
This regulation is mandated by statute. In conjunction with the CMSB, the chief has determined this regulation is effective as currently written and does not burden small businesses. There are no known overlaps or conflicts with federal or state law.
Contact Information: Michael Skiffington, Regulatory Coordinator, Department of Mines, Minerals and Energy, 1100 Bank Street, 8th Floor, Richmond, VA 23219-3402, telephone (804) 692-3212, FAX (804) 692-3237, TDD (800) 828-1120, or email mike.skiffington@dmme.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Mines, Minerals and Energy conducted a periodic review and a small business impact review of 4VAC25-90, Regulations Governing the Use of Diesel-Powered Equipment in Underground Coal Mines, 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 is necessary for the protection of public health, safety, and welfare. The regulation is vital to ensuring the safety of underground coal mines in the Commonwealth. The regulation is clearly written and easily understandable.
The Department of Mines, Minerals and Energy recommends that this regulation stay in effect without change.
This regulation is mandated by statute. In conjunction with the Coal Mining Safety Board, the Division of Mines Chief has determined this regulation is effective as currently written and does not burden small businesses. There are no known overlaps or conflicts with federal or state law.
Contact Information: Michael Skiffington, Regulatory Coordinator, Department of Mines, Minerals and Energy, 1100 Bank Street, 8th Floor, Richmond, VA 23219-3402, telephone (804) 692-3212, FAX (804) 692-3237, TDD (800) 828-1120, or email mike.skiffington@dmme.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Mines, Minerals and Energy conducted a periodic review and a small business impact review of 4VAC25-101, Regulations Governing Vertical Ventilation Holes and Mining Near Gas and Oil Wells, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated July 10, 2020, to support this decision.
The Division of Mines Chief, in consultation with the Coal Mine Safety Board (CMSB), has determined that this regulation is necessary for the protection of public health, safety, and welfare. The regulation is vital to ensuring the safety of underground and surface mines in the Commonwealth. The regulation is clearly written and easily understandable.
The Department of Mines, Minerals and Energy recommends that this regulation stay in effect without change.
This regulation is mandated by statute. In conjunction with the CMSB, the chief has determined this regulation is effective as currently written and does not burden small businesses.
Contact Information: Michael Skiffington, Regulatory Coordinator, Department of Mines, Minerals and Energy, 1100 Bank Street, 8th Floor, Richmond, VA 23219-3402, telephone (804) 692-3212, FAX (804) 692-3237, TDD (800) 828-1120, or email mike.skiffington@dmme.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Mines, Minerals and Energy conducted a periodic review and a small business impact review of 4VAC25-110, Regulations Governing Blasting in Surface Mining Operations, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated July 10, 2020, to support this decision.
The Division of Mines Chief, in consultation with the Coal Mine Safety Board (CMSB), has determined that this regulation is necessary for the protection of public health, safety, and welfare. The regulation is vital to ensuring the safety of underground and surface mines in the Commonwealth. The regulation is clearly written and easily understandable.
The Department of Mines, Minerals and Energy recommends that this regulation stay in effect without change.
This regulation is mandated by statute. In conjunction with the CMSB, the chief has determined this regulation is effective as currently written and does not burden small businesses.
Contact Information: Michael Skiffington, Regulatory Coordinator, Department of Mines, Minerals and Energy, 1100 Bank Street, 8th Floor, Richmond, VA 23219-3402, telephone (804) 692-3212, FAX (804) 692-3237, TDD (800) 828-1120, or email mike.skiffington@dmme.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Mines, Minerals and Energy conducted a periodic review and a small business impact review of 4VAC25-120, Requirements for Installation and Use of Cabs and Canopies, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated July 10, 2020, to support this decision.
The Division of Mines Chief, in consultation with the Coal Mining Safety Board (CMSB), has determined that this regulation is necessary for the protection of public health, safety, and welfare. The regulation is vital to ensuring the safety of underground mines in the Commonwealth. The regulation is clearly written and easily understandable.
The Department of Mines, Minerals and Energy recommends that this regulation stay in effect without change.
This regulation is mandated by statute. In conjunction with the CMSB, the chief has determined this regulation is effective as currently written and does not burden small businesses.
Contact Information: Michael Skiffington, Regulatory Coordinator, Department of Mines, Minerals and Energy, 1100 Bank Street, 8th Floor, Richmond, VA 23219-3402, telephone (804) 692-3212, FAX (804) 692-3237, TDD (800) 828-1120, or email mike.skiffington@dmme.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Mines, Minerals and Energy (DMME) conducted a periodic review and a small business impact review of 4VAC25-145, Regulations on the Eligibility of Certain Mining Operators to Perform Reclamation Projects, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated July 10, 2020, to support this decision.
The Director of DMME has determined that this regulation is necessary for the protection of public health, safety, and welfare. The regulation is vital to ensuring the public safety and welfare relating to mined land reclamation projects in the Commonwealth. The regulation is clearly written and easily understandable.
The Department of Mines, Minerals and Energy recommends that this regulation stay in effect without change.
This regulation is mandated by statute. The Director of DMME has determined this regulation is effective as currently written and does not burden small businesses.
Contact Information: Michael Skiffington, Regulatory Coordinator, Department of Mines, Minerals and Energy, 1100 Bank Street, 8th Floor, Richmond, VA 23219-3402, telephone (804) 692-3212, FAX (804) 692-3237, TDD (800) 828-1120, or email mike.skiffington@dmme.virginia.gov.
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TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Air Pollution Control Board conducted a periodic review and small business impact review of 9VAC5-170, Regulation for General Administration, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated July 28, 2020, to support this decision.
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. This regulation allows for the consistent application of the general administrative requirements for all regulatory programs. 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 regulation was last amended in 2014. This chapter was also amended in 2008, 2009, and 2013. Over time, the regulation generally becomes less expensive to characterize, measure, and mitigate the regulated pollutants that contribute to poor air quality. This regulation continues to provide for the consistent application of the general administrative requirements for all regulatory programs.
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.
STATE WATER CONTROL BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Water Control Board conducted a periodic review and a small business impact review of 9VAC25-20, Fees for Permits and Certificates, and determined that this regulation should be amended to remove obsolete fees.
The fast-track regulatory action to amend 9VAC25-20, which is published in this issue of the Virginia Register, serves as the report of findings.
Contact Information: Melissa Porterfield, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (803) 698-4238, or email melissa.porterfield@deq.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Water Control Board conducted a periodic review and a small business impact review of 9VAC25-80, General Regulations under State Water Control Law - Requirement No. 1, and determined that this regulation should be repealed as unnecessary.
The fast-track regulatory action to amend 9VAC25-80, which is published in this issue of the Virginia Register, serves as the report of findings.
Contact Information: Melissa Porterfield, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (803) 698-4238, or email melissa.porterfield@deq.virginia.gov.
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TITLE 12. HEALTH
STATE BOARD OF HEALTH
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-460, Regulations Governing Tourist Establishment Swimming Pools and Other Public Pools, and determined this regulation should be amended to update the chapter with modern standards for health and safety at water recreation facilities.
The Notice of Intended Regulatory Action to amend 12VAC5-460, which is published in this issue of the Virginia Register, serves as the report of findings.
Contact Information: Julie Henderson, Director of Food and General Environmental Services, Virginia Department of Health, 109 Governor Street, Richmond, VA 23235, telephone (804) 864-7455, FAX (804) 864-7475, TTY (800) 828-1120, or email julie.henderson@vdh.virginia.gov.
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TITLE 17. LIBRARIES AND CULTURAL RESOURCES
BOARD OF HISTORIC RESOURCES
Agency Notice
Pursuant to §§ 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: 17VAC5-11, Public Participation Guidelines; 17VAC5-20, Regulations Governing Permits for the Archaeological Removal of Human Remains; and 17VAC5-30, Evaluation Criteria and Procedures for Designations by the Board of Historic Resources. 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 31, 2020, and ends September 21, 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: Jennifer Pullen, Executive Assistant, Department of Historic Resources, 2801 Kensington Avenue, Richmond, VA 23221, telephone (804) 482-6085, FAX (804) 367-2391, or email jennifer.pullen@dhr.virginia.gov.
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TITLE 22. SOCIAL SERVICES
STATE BOARD OF SOCIAL SERVICES
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services conducted a periodic review and a small business impact review of 22VAC40-601, Supplemental Nutrition Assistance Program, and determined that this regulation should be amended to repeal 22VAC40-601-50, which allows denial of applications for SNAP benefits after 30 days if the local department of social services is unable to process the application because additional information is needed.
The Notice of Intended Regulatory Action to amend 22VAC40-601, which is published in this issue of the Virginia Register, serves as the report of findings.
Contact Information: Celestine Jackson, Human Services Consultant, Department of Social Services, 7 North Eighth Street, Richmond, VA 23219, telephone (804) 726-7376, FAX (804) 726-7356, or email celestine.jackson1@dss.virginia.gov.
DEPARTMENT FOR THE BLIND AND VISUALLY IMPAIRED
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department for the Blind and Visually Impaired conducted a periodic review and a small business impact review of 22VAC45-30, Regulations Governing the Sale and Distribution of Goods and Articles Made by Blind Persons, and determined that this regulation should be amended to (i) align the chapter with §§ 51.5-101 through 51.5-105 of the Code of Virginia, (ii) incorporate the use of people first language, and (iii) correct the agency name.
The Notice of Intended Regulatory Action to amend 22VAC45-30, which is published in this issue of the Virginia Register, serves as the report of findings.
Contact Information: Susan K. Davis, MS, CRC, Regulatory Coordinator, Department for the Blind and Vision Impaired, 397 Azalea Avenue, Richmond, VA 23227, telephone (804) 371-3184, or email susan.davis@dbvi.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department for the Blind and Visually Impaired conducted a periodic review and a small business impact review of 22VAC45-70, Provision of Services in Rehabilitation Teaching, and 22VAC45-80, Provision of Independent Living Rehabilitation Services, and determined that the regulations should be amended to update 22VAC45-70 and repeal 22VAC45-80.
The Notice of Intended Regulatory Action to amend 22VAC45-70 and repeal 22VAC45-80, which is published in this issue of the Virginia Register, serves as the report of findings.
Contact Information: Susan K. Davis, MS, CRC, Regulatory Coordinator, Department for the Blind and Vision Impaired, 397 Azalea Avenue, Richmond, VA 23227, telephone (804) 371-3184, or email susan.davis@dbvi.virginia.gov.
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TITLE 24. TRANSPORTATION AND MOTOR VEHICLES
DEPARTMENT OF TRANSPORTATION
Agency Notice
Pursuant to §§ 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: 24VAC30-61, Rules and Regulations Governing the Transportation of Hazardous Materials Through Bridge-Tunnel Facilities; 24VAC30-271, Economic Development Access Fund Policy; 24VAC30-315, Standards for Use of Traffic Control Devices to Classify, Designate, Regulate, and Mark State Highways; 24VAC30-340, Debarment or Suspension of Contractors; 24VAC30-390, Virginia Scenic Highways and Byways; 24VAC30-490, Roads in the Grounds of State Institutions; 24VAC30-500, Roads in the Grounds of State Parks; and 24VAC30-540, Conveyance of Lands and Disposal of Improvements. 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 31, 2020, and ends September 21, 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: JoAnne P. Maxwell, Agency Regulatory Coordinator, Governance and Legislative Affairs Division, Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-1830, or email joanne.maxwell@vdot.virginia.gov.