TITLE 1. ADMINISTRATION
DEPARTMENT OF THE TREASURY
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Treasury Board conducted a periodic review and a small business impact review of 1VAC75-30, Regulations Governing Escheats, and determined that this regulation should be amended. The department is publishing its report of findings dated September 16, 2021, to support this decision.
The regulation meets the criteria set out in Executive Order 14 (as amended, July 16, 2018).
The board seeks to amend 1VAC75-30 to update Code of Virginia citations that are no longer valid due to the recodification of the Escheat Generally Statute in 2019. Chapter 712 of the 2019 Acts of Assembly recodified Title 55 of the Code of Virginia as Title 55.1. The legislation renumberd the title and renamed many of the chapters within the title. In addition, there were semantic changes within the recodification that will now be reflected in the regulation. Two sections, authority and effective date, were repealed as they are now otherwise reported.
Contact Information: Vernita Boone, Treasury Board Secretary, Department of the Treasury, James Monroe Building, 101 North 14th Street, 3rd Floor, Richmond, VA 23219, telephone (804) 371-6011.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Treasury Board conducted a periodic review and a small business impact review of 1VAC75-40, Unclaimed Property Administrative Review Process, and determined that this regulation should be amended. The board is publishing its report of findings dated February 11, 2021, to support this decision.
The regulation meets the criteria set out in Executive Order 14 (as amended, July 16, 2018).
The board will amend 1VAC75-40 to update Code of Virginia citations that are no longer valid due to the recodification of the Uniform Disposition of Unclaimed Property Act in 2019. Chapter 712 of the 2019 Acts of Assembly recodified Title 55 of the Code of Virginia as Title 55.1. The legislation renumberd the title and renamed many of the chapters within the title. In addition, there were semantic changes within the recodification that will now be reflected in the regulations. In addition, the Application for Administrative Review form will be simplified to a request for administrative review in writing.
Contact Information: Vernita Boone, Treasury Board Secretary, Department of the Treasury, James Monroe Building, 101 North 14th Street, 3rd Floor, Richmond, VA 23219, telephone (804) 371-6011.
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TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Education conducted a periodic review and a small business impact review of 8VAC20-160, Regulations Governing the Secondary School Transcript, and determined that this regulation should be amended.
The proposed regulatory action to amend 8VAC20-160, which is published in this issue of the Virginia Register, serves as the report of findings.
Contact Information: Joseph Wharff, Associate Director, Office of Student Services, Department of Education, 101 North 14th Street, Richmond, VA 23219, telephone (804) 225-3370, or email joseph.wharff@doe.virginia.gov.
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TITLE 9. ENVIRONMENT
DEPARTMENT OF ENVIRONMENTAL QUALITY
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: 9VAC15-30, Regulations for the Certification of Recycling Machinery and Equipment for Local Tax Exemption Purposes. 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 September 13, 2021, and ends October 4, 2021.
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, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238.
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 9VAC25-800, Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges Resulting from the Application of Pesticides to Surface Waters, and determined that this regulation should be amended. The department is publishing its report of findings dated June 1, 2021, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare. The regulation is clearly written and easily understandable.
The regulation is effective and continues to be needed; however, this general permit is scheduled to expire on February 29, 2024. The Environmental Protection Agency has issued a draft 2021 Pesticide General Permit (PGP) to update the 2016 PGP that this regulation is based on. This regulation will be amended to reissue the general permit, and the agency will consider revisions to the permit to include changes made to the federal 2021 PGP.
The general permit covers point source discharges of wastewater from chemical pesticides that leave a residue in water and all biological pesticide applications that are made in or over surface waters. These discharges are considered to be point sources of pollutants and thus are subject to regulation under the VPDES permit program. The permit regulation specifies requirements that protect water quality downstream from the discharge and that is essential to protect the health, safety, or welfare of citizens. If this regulation were repealed, individual permits would be required to conduct these activities.
No public comments were received during the periodic review.
This regulation establishes procedures for obtaining coverage under this general permit, and portions of the regulation may be viewed as complex due to the technical requirements included in the regulation. This regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation as the State Water Control Board is the delegated authority to regulate point source discharges to surface water. The State Water Control Board last reissued this regulation in 2019. This regulation is evaluated and necessary changes are made to the regulation when the permit is reissued. The reissuance of the general VPDES permit accomplishes the objectives of applicable law, minimizes the costs to a small business owner, and simplifies the application process. Without the general permit, a small business owner would be required to obtain an individual permit, which would increase the complexity of a permit application and the costs to obtain permit coverage.
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.
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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 22VAC40-12, Public Participation Guidelines, and determined that this regulation should be retained without changes. The department is publishing its report of findings dated August 18, 2021, to support this decision.
The regulation meets the criteria set out in Executive Order 14 (2018 as amended). It provides the State Board of Social Services with an effective means of including public participation as part of developing regulations that are necessary to the health, safety, and welfare of citizens.
The agency recommends that the regulation be retained with no changes. It is up-to-date and remains an effective tool for the agency to make regulatory actions known to the public.
The agency determined this regulation continues to be necessary as it is required by § 2.2-4007.02 of the Code of Virginia and establishes the mechanisms by which the agency will advise the public of the agency's regulatory actions. No complaints or comments were received. The regulation is not complex and does not overlap or duplicate federal and state laws and regulations. It was last reviewed and amended in 2017. No factors have changed that would impact the regulation, and it has no economic impact on small businesses.
Contact Information: Karin Clark, Regulatory Coordinator, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7017.
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TITLE 24. TRANSPORTATION AND MOTOR VEHICLES
COMMONWEALTH TRANSPORTATION 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: 24VAC30-120, Rules and Regulations Controlling Outdoor Advertising and Directional and Other Signs and Notices; 24VAC30-451, Airport Access Fund Policy; 24VAC30-551, Integrated Directional Signing Program (IDSP) Participation Criteria; and 24VAC30-630, Rules Governing Person with Disability Traffic Signs. The review of these regulations 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 these regulations, including whether each 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 September 13, 2021, and ends October 4, 2021.
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.