TITLE 9. ENVIRONMENT
DEPARTMENT OF ENVIRONMENTAL QUALITY
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Environmental Quality (DEQ) conducted a periodic review and a small business impact review of 9VAC15-90, Uniform Environmental Covenants Act Regulation, and determined that this regulation should be retained as is. The department is publishing its report of findings dated September 10, 2021, to support this decision.
The regulation is clearly written and easily understandable. This regulation contains a framework that defines how activity and use limitations prescribed by an agency pursuant to an environmental response project are to be drafted, recorded, and enforced as a Uniform Environmental Covenants Act (UECA) "environmental covenant." Additionally, the regulation includes a template for the environmental covenant. This promotes consistency between all environmental covenants in Virginia.
The agency is recommending the regulation stay in effect without change. The regulation is beneficial to both the regulated community and DEQ. The regulation details specific requirements for UECA environmental covenants.
The current regulation continues to be needed. Public comment was received from one individual supporting retention of this regulation. The commenter also commented on the fees related to the environmental covenants. The fees in this regulation were established to cover all of DEQ's costs to implement the program. The established fees were developed based on estimated administrative, legal, and tracking costs to conduct this program.
This regulation was adopted in 2011 to implement the Virginia Uniform Environmental Covenants Act, and the content of the regulation continues to be consistent with state law. The regulation is explanatory in nature and does not place any additional regulatory burden on the regulated community including 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.
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 9VAC25-151, Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges of Stormwater Associated with Industrial Activity, and determined that this regulation should be amended. The department is publishing its report of findings dated September 7, 2021, to support this decision.
The regulation is effective and continues to be needed; however, this general permit is scheduled to expire on June 30, 2024. This regulation will be amended to reissue the general permit, and the agency will consider revisions to the permit as part of the amendment process.
This regulation continues to be needed. The general permit covers point source discharges of stormwater associated with industrial activity from a point source to surface waters or through a municipal or nonmunicipal separate storm sewer system to 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, which 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.
One public comment was received during the periodic review in support of retaining this general permit. 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. 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 (804) 698-4238.
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 9VAC25-370, Policy for the Protection of Water Quality in Virginia's Shellfish Growing Waters, and determined that this regulation should be retained as is. The department is publishing its report of findings dated October 20, 2021, to support this decision.
This regulation is a policy of the State Water Control Board relating to the protection of Virginia's shellfish growing waters. The Virginia Pollution Discharge Elimination System (VPDES) Permit Regulation (9VAC25-31) and Water Quality Standards (9VAC25-260) are used to implement this policy. This regulation continues to be needed to protect Virginia's shellfish growing waters; thereby protecting public health, safety, and welfare. The regulation is clearly written and easily understandable.
It specifically addresses the need for the board to work with other state agencies to obtain information concerning projects that may result in shellfish condemnations, with the overall goal to protect the Commonwealth's shellfish resources.
No public comments were received during the periodic review comment period. This regulation is a general policy statement of the board and is not complex. Other board regulations have been adopted to implement this policy. This regulation was adopted as a policy statement by the State Water Control Board on March 25, 1980, and became effective on June 10, 1980. This regulation is a policy to protect from condemnation of shellfish growing areas and to identify other state agencies to coordinate with concerning projects. This regulation does not place any requirements 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 (803) 698-4238.
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 9VAC25-770, Virginia Financial Responsibility Requirements for Mitigation Associated with Tidal Dredging Projects, and determined that this regulation should be retained as is. The department is publishing its report of findings dated October 6, 2021, to support this decision.
This regulation is necessary to protect the Commonwealth from being financially responsible for completing tidal dredging mitigation projects. The regulation is clearly written and easily understandable.
The regulation requires that permittees responsible for dredging activities purchase mitigation bank credits, make an in-lieu fee fund donation, or provide financial assurance that the project will be completed without cost to the Commonwealth or the general public. This regulation implements the requirements found in subsection 5c of § 62.1-44.15 of the Code of Virginia. No public comments were received during the periodic review.
This regulation is not complex. The regulation provides projects permittees with multiple options concerning how they are guaranteeing that the project will be completed without cost to the Commonwealth or the general public. The financial assurance mechanisms included in the regulation are consistent with financial mechanisms included in other regulations. This regulation does not overlap or duplicate federal requirements. If the U.S. Army Corps of Engineers requires demonstration of financial responsibility, then the mechanism and amount approved by the Corps shall be used to meet the required financial assurance requirements.
This regulation was initially adopted as an emergency regulation, and a permanent regulation became effective on August 25, 2004. The financial mechanisms for providing financial assurance continue to be appropriate.
Small businesses have the same flexibility concerning options for providing financial assurance as larger businesses. If a small business is required by the U.S. Army Corps of Engineers to demonstrate financial responsibility, then the mechanism and amount approved by the Corps shall be used to meet the required financial assurance requirements.
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 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 12VAC5-421, Food Regulations, and determined that this regulation should be retained as is. The department is publishing its report of findings dated June 24, 2021, to support this decision.
The General Assembly has charged the board with the responsibility to adopt, promulgate, and enforce regulations necessary to protect public health and safety as it relates to restaurants. The regulation was reviewed and determined essential to protecting public health.
The regulation helps fulfill the statutory mandate from the General Assembly by ensuring that restaurants that receive a license from the board meet minimum requirements to include (i) a procedure for obtaining a license; (ii) the safe and sanitary maintenance, storage, operation, and use of equipment; (iii) the sanitary maintenance and use of a restaurant's physical plant; (iv) the safe preparation, handling, protection, and preservation of food, including necessary refrigeration or heating methods; (v) procedures for vector and pest control; (vi) requirements for toilet and cleansing facilities for employees and customers; (vii) requirements for appropriate lighting and ventilation not otherwise provided for in the Uniform Statewide Building Code; (viii) requirements for an approved water supply and sewage disposal system; (ix) personal hygiene standards for employees, particularly those engaged in food handling; (x) the appropriate use of precautions to prevent the transmission of communicable diseases; and (xi) training standards that address food safety and food allergy awareness and safety.
The regulation meets the criteria set forth in Executive Order 14 (2018) as necessary to interpret and apply the requirements imposed by the board and is clearly written and understandable. The regulation is designed to achieve its objective in the most efficient and cost effective manner.
The agency is recommending that the regulation be retained as is.
The continued need for the regulation is established in regulation and is not discretionary. The sole comment received regarding the regulation was in support of maintaining the regulation in its current state.
The regulation was previously amended on June 24, 2021, to incorporate the 2017 Food and Drug Administration Food Code, a model that assists food control jurisdictions at all levels of government by providing them with a scientifically sound technical and legal basis for regulating the retail and food service segment of the industry (restaurants and grocery stores and institutions such as nursing homes). In addition, the June 2021 revision incorporated the concerns outlined in certification memo from the Office of the Attorney General. Lastly, staff evaluated the regulation in consideration of changes in technology, economic conditions, and other factors that may have an impact on the citizens of the Commonwealth. At that time, staff engaged stakeholders and the regulated community regarding amendments. As the regulations have not changed since, retaining them in their current state will not have a negative impact on small businesses throughout the Commonwealth.
Contact Information: Kristin Marie Clay, Senior Policy Analyst, Office of Environmental Health Services, Virginia Department of Health, 109 Governor Street, 5th Floor, Richmond, VA 23219, telephone (804) 864-7474.
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 12VAC5-440, Regulations for Summer Camps, and determined that this regulation should be amended. The department is publishing its report of findings dated June 30, 2021, to support this decision.
The General Assembly has charged the board with the responsibility to adopt, promulgate, and enforce regulations necessary to protect public health and safety as it relates to summer camps. The regulation was reviewed and determined essential to protecting public health.
The regulation helps fulfill the statutory mandate from the General Assembly by ensuring that summer camps that receive a license from the board meet minimum requirements to include (i) an approved drinking water supply; (ii) an approved sewage disposal system; (iii) an approved solid waste disposal system; (iv) the adequate and sanitary preparation, handling, protection, and preservation of food; (v) the proper maintenance of buildings, grounds, and equipment; (vi) vector and pest control; and (vii) adequate toilet, swimming, and bathing facilities, including shower facilities.
The regulation meets the criteria set forth in Executive Order 14 (2018) as necessary to interpret and apply the requirements imposed by the board and is clearly written and understandable. Lastly, the regulation is designed to achieve its objective in the most efficient and cost effective manner.
The regulation has not undergone a comprehensive review since its initial administrative codification, approximately 20 years ago. The regulation, in its current form, does not reflect existing industry standards or changes in technology or safety, and it no longer aligns with other regulations that govern food safety and disease prevention. The agency is recommending that the regulation be amended.
The continued need for the regulation is established in statute and is not discretionary. No comments were received during the public comment period.
The regulation has several sections that appear to conflict with state regulations pertaining to food safety and do not reflect or reference current regulatory standards related to swimming facilities, general sanitation, and water supply standards. An evaluation is necessary to determine how or if technology, economic conditions, or other factors could have an impact on the regulant population or the general public.
As the agency is recommending to amend the regulations, staff will engage with stakeholders and the regulated community regarding any proposed amendments to minimize the economic impact of the regulation on small businesses while maintaining appropriate regulatory standards to ensure the safety, health, and welfare of the public.
Contact Information: Kristin Marie Clay, Senior Policy Analyst, Office of Environmental Health Services, Virginia Department of Health, 109 Governor Street, 5th Floor, Richmond, VA 23219, telephone (804) 864-7474.
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 12VAC5-450, Rules and Regulations Governing Campgrounds, and determined that this regulation should be retained as is. The department is publishing its report of findings dated June 24, 2021, to support this decision.
The General Assembly has charged the board with the responsibility to adopt, promulgate, and enforce regulations necessary to protect public health and safety as it relates to campgrounds. The regulation was reviewed and determined essential to protecting public health.
The regulation helps fulfill the statutory mandate from the General Assembly by ensuring that campgrounds that receive a license from the board meet minimum requirements including (i) an approved drinking water supply; (ii) an approved sewage disposal system; (iii) an approved solid waste disposal system; (iv) the proper maintenance of buildings, grounds, and equipment; (v) vector and pest control; (vi) adequate toilet, swimming, and bathing facilities, including shower facilities; (vii) effective measures for the control of animals and pets; and (viii) appropriate procedures and safeguards for hazardous situations, including specifically the maintenance and sale of propane gas or other explosives and combustibles.
The regulation meets the criteria set forth in Executive Order 14 (2018) as necessary to interpret and apply the requirements imposed by the board and is clearly written and understandable. Lastly, the regulation is designed to achieve its objective in the most efficient and cost effective manner.
The agency is recommending that the regulation be retained as is.
The continued need for the regulation is established in regulation and is not discretionary. The sole comment received regarding the regulation was in support of maintaining the regulation in its current state.
The regulation was previously amended as part of a periodic review on November 28, 2018, and is evaluated on an ongoing basis to ensure considerations of change in technology, economic conditions, and other factors that may have an impact on the citizens of the Commonwealth. At that time, staff engaged stakeholders and the regulated community regarding amendments. As the regulation has not changed since, retaining the regulation in its current state will not have a negative impact on small businesses throughout the Commonwealth.
Contact Information: Kristin Marie Clay, Senior Policy Analyst, Office of Environmental Health Services, Virginia Department of Health, 109 Governor Street, 5th Floor, Richmond, VA 23219, telephone (804) 864-7474.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF VETERINARY MEDICINE
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: 18VAC150-20, Regulations Governing the Practice of Veterinary Medicine. 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 November 22, 2021, and ends December 22, 2021.
Contact Information: Leslie L. Knachel, Executive Director, Board of Veterinary Medicine, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 597-4130.