TITLE 9. ENVIRONMENT
VIRGINIA WASTE MANAGEMENT BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Virginia Waste Management Board conducted a periodic review and a small business impact review of 9VAC20-170, Transportation of Solid and Medical Wastes on State Waters, and determined that this regulation should be retained as is. The board is publishing its report of findings dated November 15, 2022, to support this decision.
The regulation has been effective in protecting public health and welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth, ensuring owners and operators comply with good solid waste management and control practices.
The board has determined that the regulation is clearly written and easily understandable by the individuals and entities the regulation affects. It is written to permit only one reasonable interpretation, to adequately identify the affected entity, and, insofar as possible, in nontechnical language. The board is recommending the regulation stay in effect without change. The regulation is consistent with the requirements of state law. The primary goal of this regulation is to protect the environment from discharges of solid wastes, regulated medical wastes, and municipal and industrial sludge from vessels transporting these wastes on state waters. The regulation contains specific container standards that must be met for these wastes to be transported. These requirements continue to be needed to protect the environment from spills of these wastes that may occur during transportation. No comments were received during the public comment period for this periodic review.
The regulation is very specific concerning standards containers must meet prior to transportation of wastes on state waters. The standards included in the regulation make the regulation appear to be complex and technical; however, the regulated community is accustomed to implementing and using technical container standards in everyday practice. There are no applicable federal requirements for waste to be containerized to be transported on state waters.
The regulation was originally adopted in November of 2003. The regulation was amended in 2006, 2010, 2011, and 2012. The board believes the regulation should not be amended or repealed to minimize the economic impact of the regulation on small businesses. The standards for transporting solid waste on Virginia waterways are necessary to protect Virginia waterways from the release of waste into state waters and the regulation is consistent with the requirements of state law.
Contact Information: Suzanne Taylor, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-1533.
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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 12VAC5-218, Rules and Regulations Governing Outpatient Health Data Reporting, and determined that this regulation should be amended. The board is publishing its report of findings dated October 19, 2022, to support this decision.
The regulation meets the criteria set out in Executive Order 19 (2022) as necessary for the protection of public health, safety, and welfare of the citizens of the Commonwealth. The establishment of effective health care data analysis and reporting initiatives is essential to improving the quality and efficiency of health care, fostering competition among health care providers and increasing consumer choice with regard to health care services in the Commonwealth. Accurate and valuable health care data can best be identified by representatives of state government and the consumer, provider, insurance, and business communities. The regulation is clearly written and understandable.
The Virginia Department of Health (VDH) is recommending the regulation be amended to reflect current outpatient data reporting requirement needs. Amending will also allow the language to be updated for consistency of the definitions within the regulation and allow for the consideration of public comments received.
The comments received from the Virginia Hospital and Healthcare Association reflect the need to amend the regulation, as the regulation no longer accurately reflects the current outpatient data reporting needs. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The regulation has not been updated since 2015. VDH will convene an advisory panel to ensure the regulation minimizes the economic burden on small businesses.
Contact Information: Kindall Bundy, Policy Analyst, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, email kindall.bundy@vdh.virginia.gov.
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Agency Notice
Pursuant to Executive Order 19 (2022) 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: 12VAC30-141, Family Access to Medical Insurance Security Plan. The review will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic 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 January 16, 2023, and ends February 6, 2023.
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: Emily McClellan, Regulatory Manager, Division of Policy and Research, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300.