TITLE 4. CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF CONSERVATION AND RECREATION
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: 4VAC5-20, Standards for Classification of Real Estate as Devoted to Open Space Use under the Virginia Land Use Assessment Law. The review of this regulation 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 The purpose of a periodic review is to determine whether this regulation should be repealed, amended, or retained in its current form.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 April 10, 2023, and ends May 1, 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: Lisa McGee, Policy and Planning Director, Department of Conservation and Recreation, 600 East Main Street, 24th Floor, Richmond, VA 23219, telephone (804) 786-4378.
MARINE RESOURCES COMMISSION
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Marine Resources Commission conducted a periodic review and a small business impact review of 4VAC20-1070, Pertaining to Haul Seines, and determined that this regulation should be retained as is. The commission is publishing its report of findings dated March 16, 2023, to support this decision.
The regulation is clearly written and easily understandable. The regulation is necessary for the protection of public health, safety, and welfare by conserving and promoting the seafood and marine resources of the Commonwealth.
The decision of the commission is to retain this regulation as is, making no change. The regulation as written promotes the general welfare of the seafood industry and conserves and promotes the seafood and marine resources of the Commonwealth.
The commission received no comments on the regulation during the periodic review comment period and has determined that there are no recommended amendments to the regulation. The regulation does not have an adverse impact on small businesses and does not overlap, duplicate, or conflict with any known federal or state law or regulation.
Contact Information: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2248.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Marine Resources Commission conducted a periodic review and a small business impact review of 4VAC20-1080, Pertaining to Monkfish (Goosefish), and determined that this regulation should be retained as is. The commission is publishing its report of findings dated March 16, 2023, to support this decision.
The regulation is clearly written and easily understandable. The regulation is necessary for the protection of public health, safety, and welfare by conserving and promoting the seafood and marine resources of the Commonwealth.
The decision of the commission is to retain this regulation as is, making no change. The regulation as written promotes the general welfare of the seafood industry and conserves and promotes the seafood and marine resources of the Commonwealth.
The commission received no comments on the regulation during the periodic review comment period and has determined that there are no recommended amendments to the regulation. The regulation does not have an adverse impact on small businesses and does not overlap, duplicate, or conflict with any known federal or state law or regulation.
Contact Information: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2248.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Marine Resources Commission conducted a periodic review and a small business impact review of 4VAC20-1090, Pertaining to Licensing Requirements and License Fees, and determined that this regulation should be retained as is. The commission is publishing its report of findings dated March 16, 2023, to support this decision.
The regulation is clearly written and easily understandable. The regulation is necessary for the protection of public health, safety, and welfare by conserving and promoting the seafood and marine resources of the Commonwealth.
The decision of the commission is to retain this regulation as is, making no change. The regulation as written promotes the general welfare of the seafood industry and conserves and promotes the seafood and marine resources of the Commonwealth.
The commission received no comments on the regulation during the periodic review comment period and has determined that there are no recommended amendments to the regulation. The regulation does not have an adverse impact on small businesses and does not overlap, duplicate, or conflict with any known federal or state law or regulation.
Contact Information: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2248.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Marine Resources Commission conducted a periodic review and a small business impact review of 4VAC20-1100, Pertaining to Shellfish Handling, and determined that this regulation should be retained as is. The commission is publishing its report of findings dated March 16, 2023, to support this decision.
The regulation is clearly written and easily understandable. The regulation is necessary for the protection of public health, safety, and welfare by conserving and promoting the seafood and marine resources of the Commonwealth.
The decision of the commission is to retain this regulation as is, making no change. The regulation as written promotes the general welfare of the seafood industry and conserves and promotes the seafood and marine resources of the Commonwealth.
The commission received no comments on the regulation during the periodic review comment period and has determined that there are no recommended amendments to the regulation. The regulation does not have an adverse impact on small businesses and does not overlap, duplicate, or conflict with any known federal or state law or regulation.
Contact Information: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2248.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Marine Resources Commission conducted a periodic review and a small business impact review of 4VAC20-1110, Pertaining to Sheepshead, and determined that this regulation should be retained as is. The commission is publishing its report of findings dated March 16, 2023, to support this decision.
The regulation is clearly written and easily understandable. The regulation is necessary for the protection of public health, safety, and welfare by conserving and promoting the seafood and marine resources of the Commonwealth.
The decision of the commission is to retain this regulation as is, making no change. The regulation as written promotes the general welfare of the seafood industry and conserves and promotes the seafood and marine resources of the Commonwealth.
The commission received no comments on the regulation during the periodic review comment period and has determined that there are no recommended amendments to the regulation. The regulation does not have an adverse impact on small businesses and does not overlap, duplicate, or conflict with any known federal or state law or regulation.
Contact Information: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2248.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Marine Resources Commission conducted a periodic review and a small business impact review of 4VAC20-1120, Pertaining to Tilefish and Grouper, and determined that this regulation should be retained as is. The commission is publishing its report of findings dated March 16, 2023, to support this decision.
The regulation is clearly written and easily understandable. The regulation is necessary for the protection of public health, safety, and welfare by conserving and promoting the seafood and marine resources of the Commonwealth.
The decision of the commission is to retain this regulation as is, making no change. The regulation as written promotes the general welfare of the seafood industry and conserves and promotes the seafood and marine resources of the Commonwealth.
The commission received no comments on the regulation during the periodic review comment period and has determined that there are no recommended amendments to the regulation. The regulation does not have an adverse impact on small businesses and does not overlap, duplicate, or conflict with any known federal or state law or regulation.
Contact Information: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2248.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Marine Resources Commission conducted a periodic review and a small business impact review of 4VAC20-1130, General Permit No. 4 for Temporary Protective Enclosures for Shellfish, and determined that this regulation should be retained as is. The commission is publishing its report of findings dated March 16, 2023, to support this decision.
The regulation is clearly written and easily understandable. The regulation is necessary for the protection of public health, safety, and welfare by conserving and promoting the seafood and marine resources of the Commonwealth.
The decision of the commission is to retain this regulation as is, making no change. The regulation as written promotes the general welfare of the seafood industry and conserves and promotes the seafood and marine resources of the Commonwealth.
The commission received no comments on the regulation during the periodic review comment period and has determined that there are no recommended amendments to the regulation. The regulation does not have an adverse impact on small businesses and does not overlap, duplicate, or conflict with any known federal or state law or regulation.
Contact Information: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2248.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Marine Resources Commission conducted a periodic review and a small business impact review of 4VAC20-1140, Prohibition of Crab Dredging in Virginia Waters, and determined that this regulation should be retained as is. The commission is publishing its report of findings dated March 16, 2023, to support this decision.
The regulation is clearly written and easily understandable. The regulation is necessary for the protection of public health, safety, and welfare by conserving and promoting the seafood and marine resources of the Commonwealth.
The decision of the commission is to retain this regulation as is, making no change. The regulation as written promotes the general welfare of the seafood industry and conserves and promotes the seafood and marine resources of the Commonwealth.
The commission received no comments on the regulation during the periodic review comment period and has determined that there are no recommended amendments to the regulation. The regulation does not have an adverse impact on small businesses and does not overlap, duplicate, or conflict with any known federal or state law or regulation.
Contact Information: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2248.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Marine Resources Commission conducted a periodic review and a small business impact review of 4VAC20-1180, Pertaining to Fishing Guides, Charter Boat, and Head Boat Fisheries, and determined that this regulation should be retained as is. The commission is publishing its report of findings dated March 16, 2023, to support this decision.
The regulation is clearly written and easily understandable. The regulation is necessary for the protection of public health, safety, and welfare by conserving and promoting the seafood and marine resources of the Commonwealth.
The decision of the commission is to retain this regulation as is, making no change. The regulation as written promotes the general welfare of the seafood industry and conserves and promotes the seafood and marine resources of the Commonwealth.
The commission received no comments on the regulation during the periodic review comment period and has determined that there are no recommended amendments to the regulation. The regulation does not have an adverse impact on small businesses and does not overlap, duplicate, or conflict with any known federal or state law or regulation.
Contact Information: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2248.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Marine Resources Commission conducted a periodic review and a small business impact review of 4VAC20-1190, Pertaining to Gill Net Control Date, and determined that this regulation should be retained as is. The commission is publishing its report of findings dated March 16, 2023, to support this decision.
The regulation is clearly written and easily understandable. The regulation is necessary for the protection of public health, safety, and welfare by conserving and promoting the seafood and marine resources of the Commonwealth.
The decision of the commission is to retain this regulation as is, making no change. The regulation as written promotes the general welfare of the seafood industry and conserves and promotes the seafood and marine resources of the Commonwealth.
The commission received no comments on the regulation during the periodic review comment period and has determined that there are no recommended amendments to the regulation. The regulation does not have an adverse impact on small businesses and does not overlap, duplicate, or conflict with any known federal or state law or regulation.
Contact Information: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2248.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Marine Resources Commission conducted a periodic review and a small business impact review of 4VAC20-1200, Pertaining to the Special Oyster Relay Season in the Rappahannock River, and determined that this regulation should be retained as is. The commission is publishing its report of findings dated March 14, 2023, to support this decision.
The regulation is clearly written and easily understandable. The regulation is necessary for the protection of public health, safety, and welfare by conserving and promoting the seafood and marine resources of the Commonwealth.
The decision of the commission is to retain this regulation as is, making no change. The regulation as written promotes the general welfare of the seafood industry and conserves and promotes the seafood and marine resources of the Commonwealth.
The commission received no comments on the regulation during the periodic review comment period and has determined that there are no recommended amendments to the regulation. The regulation does not have an adverse impact on small businesses and does not overlap, duplicate, or conflict with any known federal or state law or regulation.
Contact Information: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2248.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Marine Resources Commission conducted a periodic review and a small business impact review of 4VAC20-1220, Pertaining to Separation between Nets, and determined that this regulation should be retained as is. The commission is publishing its report of findings dated March 14, 2023, to support this decision.
The regulation is clearly written and easily understandable. The regulation is necessary for the protection of public health, safety, and welfare by conserving and promoting the seafood and marine resources of the Commonwealth.
The decision of the commission is to retain this regulation as is, making no change. The regulation as written promotes the general welfare of the seafood industry and conserves and promotes the seafood and marine resources of the Commonwealth.
The commission received no comments on the regulation during the periodic review comment period and has determined that there are no recommended amendments to the regulation. The regulation does not have an adverse impact on small businesses and does not overlap, duplicate, or conflict with any known federal or state law or regulation.
Contact Information: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2248.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Marine Resources Commission conducted a periodic review and a small business impact review of 4VAC20-1230, Pertaining to Restrictions on Shellfish, and determined that this regulation should be retained as is. The commission is publishing its report of findings dated March 14, 2023, to support this decision.
The regulation is clearly written and easily understandable. The regulation is necessary for the protection of public health, safety, and welfare by conserving and promoting the seafood and marine resources of the Commonwealth.
The decision of the commission is to retain this regulation as is, making no change. The regulation as written promotes the general welfare of the seafood industry and conserves and promotes the seafood and marine resources of the Commonwealth.
The commission received no comments on the regulation during the periodic review comment period and has determined that there are no recommended amendments to the regulation. The regulation does not have an adverse impact on small businesses and does not overlap, duplicate, or conflict with any known federal or state law or regulation.
Contact Information: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2248.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Marine Resources Commission conducted a periodic review and a small business impact review of 4VAC20-1250, Pertaining to the Tagging of Shellfish, and determined that this regulation should be retained as is. The commission is publishing its report of findings dated March 14, 2023, to support this decision.
The regulation is clearly written and easily understandable. The regulation is necessary for the protection of public health, safety, and welfare by conserving and promoting the seafood and marine resources of the Commonwealth.
The decision of the commission is to retain this regulation as is, making no change. The regulation as written promotes the general welfare of the seafood industry and conserves and promotes the seafood and marine resources of the Commonwealth.
The commission received no comments on the regulation during the periodic review comment period and has determined that there are no recommended amendments to the regulation. The regulation does not have an adverse impact on small businesses and do not overlap, duplicate, or conflict with any known federal or state law or regulation.
Contact Information: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2248.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Marine Resources Commission conducted a periodic review and a small business impact review of 4VAC20-1260, Pertaining to River Herring, and determined that this regulation should be retained as is. The commission is publishing its report of findings dated March 14, 2023, to support this decision.
The regulation is clearly written and easily understandable. The regulation is necessary for the protection of public health, safety, and welfare by conserving and promoting the seafood and marine resources of the Commonwealth.
The decision of the commission is to retain this regulation as is, making no change. The regulation as written promotes the general welfare of the seafood industry and conserves and promotes the seafood and marine resources of the Commonwealth.
The commission received no comments on the regulation during the periodic review comment period and has determined that there are no recommended amendments to the regulation. The regulation does not have an adverse impact on small businesses and does not overlap, duplicate, or conflict with any known federal or state law or regulation.
Contact Information: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2248.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Marine Resources Commission conducted a periodic review and a small business impact review of 4VAC20-1270, Pertaining to Atlantic Menhaden, and determined that this regulation should be retained as is. The commission is publishing its report of findings dated March 14, 2023, to support this decision.
The regulation is clearly written and easily understandable. The regulation is necessary for the protection of public health, safety, and welfare by conserving and promoting the seafood and marine resources of the Commonwealth.
The decision of the commission is to retain this regulation as is, making no change. The regulation as written promotes the general welfare of the seafood industry and conserves and promotes the seafood and marine resources of the Commonwealth.
The commission received no comments on the regulation during the periodic review comment period and has determined that there are no recommended amendments to the regulation. The regulation does not have an adverse impact on small businesses and does not overlap, duplicate, or conflict with any known federal or state law or regulation.
Contact Information: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2248.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Marine Resources Commission conducted a periodic review and a small business impact review of 4VAC20-1290, Pertaining to Restrictions on the Harvest of Shellfish and in Condemned Shellfish Areas, and determined that this regulation should be retained as is. The commission is publishing its report of findings dated March 14, 2023, to support this decision.
The regulation is clearly written and easily understandable. The regulation is necessary for the protection of public health, safety, and welfare by conserving and promoting the seafood and marine resources of the Commonwealth.
The decision of the commission is to retain this regulation as is, making no change. The regulation as written promotes the general welfare of the seafood industry and conserves and promotes the seafood and marine resources of the Commonwealth.
The commission received no comments on the regulation during the periodic review comment period and has determined that there are no recommended amendments to the regulation. The regulation does not have an adverse impact on small businesses and does not overlap, duplicate, or conflict with any known federal or state law or regulation.
Contact Information: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2248.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Marine Resources Commission conducted a periodic review and a small business impact review of 4VAC20-1300, Living Shoreline Group 1 General Permit for Certain Living Shoreline Treatments Involving Tidal Wetlands, and determined that this regulation should be retained as is. The commission is publishing its report of findings dated March 14, 2023, to support this decision.
The regulation is clearly written and easily understandable. The regulation is necessary for the protection of public health, safety, and welfare by conserving and promoting the seafood and marine resources of the Commonwealth.
The decision of the commission is to retain this regulation as is, making no change. The regulation as written promotes the general welfare of the seafood industry and conserves and promotes the seafood and marine resources of the Commonwealth.
The commission received no comments on the regulation during the periodic review comment period and has determined that there are no recommended amendments to the regulation. The regulation does not have an adverse impact on small businesses and does not overlap, duplicate, or conflict with any known federal or state law or regulation.
Contact Information: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2248.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Marine Resources Commission conducted a periodic review and a small business impact review of 4VAC20-1310, Pertaining to Jonah Crab, and determined that this regulation should be retained as is. The commission is publishing its report of findings dated March 14, 2023, to support this decision.
The regulation is clearly written and easily understandable. The regulation is necessary for the protection of public health, safety, and welfare by conserving and promoting the seafood and marine resources of the Commonwealth.
The decision of the commission is to retain this regulation as is, making no change. The regulation as written promotes the general welfare of the seafood industry and conserves and promotes the seafood and marine resources of the Commonwealth.
The commission received no comments on the regulation during the periodic review comment period and has determined that there are no recommended amendments to the regulation. The regulation does not have an adverse impact on small businesses and does not overlap, duplicate, or conflict with any known federal or state law or regulation.
Contact Information: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2248.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Marine Resources Commission conducted a periodic review and a small business impact review of 4VAC20-1330, Living Shoreline Group 2 General Permit for Certain Living Shoreline Treatments Involving Submerged Lands, Tidal Wetlands, or Coastal Primary Sand Dunes and Beaches, and determined that this regulation should be retained as is. The commission is publishing its report of findings dated March 14, 2023, to support this decision.
The regulation is clearly written and easily understandable. The regulation is necessary for the protection of public health, safety, and welfare by conserving and promoting the seafood and marine resources of the Commonwealth.
The decision of the commission is to retain this regulation as is, making no change. The regulation as written promotes the general welfare of the seafood industry and conserves and promotes the seafood and marine resources of the Commonwealth.
The commission received no comments on the regulation during the periodic review comment period and has determined that there are no recommended amendments to the regulation. The regulation does not have an adverse impact on small businesses and does not overlap, duplicate, or conflict with any known federal or state law or regulation.
Contact Information: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2248.
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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 9VAC20-110, Regulations Governing the Transportation of Hazardous Materials, and determined that this regulation should be retained as is. The board is publishing its report of findings dated February 21, 2023, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare and is clearly written and easily understandable. The regulation incorporates federal transportation regulations into state regulations. The regulation is needed to ensure that hazardous materials are transported safely. The regulation is being retained as is. No comments were received during the public comment period. This regulation is periodically updated to maintain consistency with the Code of Federal Regulations (CFR). The regulation incorporates applicable CFR sections. This minimizes the complexity of the regulation since Virginia's regulation incorporate sections of the CFR by reference; thereby making the federal and state requirements identical. Section 10.1-1454 of the Code of Virginia states: "Any person transporting hazardous materials in accordance with regulations promulgated under the laws of the United States, shall be deemed to have complied with the provisions of this article, except when such transportation is excluded from regulation under the laws or regulations of the United States." The most recent amendment to incorporate applicable CFR sections became effective January 18, 2023. The regulation has been written to maintain consistency with the federal regulatory requirements pertaining to the transportation of hazardous materials due to the requirements of § 10.1-1454 the Code of Virginia.
Small businesses are required to comply with federal requirements concerning the transportation of hazardous materials; therefore, the adoption of less stringent requirements for small businesses in this regulation to minimize the economic impact of the regulation would not be consistent with federal and state law. However, given that this regulation incorporates applicable CFR sections, the regulation is no more restrictive to small businesses than federal regulations and the complexity of the regulation is reduced as the federal and state requirements are identical.
Contact Information: Leslie A. Romanchik, Environmental Manager II, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 912-7218.
STATE WATER CONTROL BOARD
Agency Notice
Pursuant to Executive Order 19 (2022) 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: 9VAC25-91, Facility and Aboveground Storage Tank (AST) Regulation; and 9VAC25-101, Tank Vessel Oil Discharge Contingency Plan and Financial Responsibility Regulation.
The review of each regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic 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 April 10, 2023, and ends May 1, 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: Renee T. Hooper, Tank Regulatory Programs Manager, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-1352.
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: 9VAC25-780, Local and Regional Water Supply Planning. The review of this regulation 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 April 10, 2023, and ends May 1, 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: Hannah Somers, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 814-2780.
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TITLE 13. HOUSING
VIRGINIA MANUFACTURED HOUSING BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Virginia Manufactured Housing Board conducted a periodic review and a small business impact review of 13VAC6-11, Public Participation Guidelines, and determined that this regulation should be amended. The board is publishing its report of findings dated March 2023, to support this decision.
The regulation is based on model guidelines and is required per § 2.2-4007.02 of the Code of Virginia. No comments were received from the public. However, a small change to conform to legislation was identified during the review process. As such, the regulation should be amended to conform to Chapter 795 of the 2012 Acts of Assembly.
The regulation was last evaluated in 2008 when it was adopted to conform to statutory changes. The regulation provides standards by which the public can participate in regulatory processes under the purview of the Virginia Manufactured Housing Board. The regulation does not appear to have an impact on small businesses.
Contact Information: Jeff Brown, Director of State Building Codes Office, Department of Housing and Community Development, Main Street Centre, 600 East Main Street, Richmond, VA 23219, telephone (804) 371-7161.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF NURSING
Agency Notice
Pursuant to Executive Order 19 (2022) 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: 18VAC90-25, Regulations Governing Certified Nurse Aides; 18VAC90-27, Regulations for Nursing Education Programs; and 18VAC90-50, Regulations Governing the Licensure of Massage Therapists. The review of each regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic 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 April 10, 2023, and ends May 1, 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: Jay P. Douglas, R.N., Executive Director, Board of Nursing, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4520.