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 9VAC20-60, Virginia Hazardous Waste Management Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated April 25, 2023, to support this decision.
This regulation continues to be needed to protect public health, safety, and welfare. The regulation establishes requirements for the treatment, storage, and disposal of hazardous waste and incorporates federal requirements into state regulation. The regulation is clearly written and understandable.
The requirements of the regulation continue to be needed to regulate the treatment, storage, and disposal of hazardous waste, and the regulation is being retained without changes. Eight comments were received on the regulation during the comment period for the periodic review. All the comments related to the need to keep the existing regulation applicable to small businesses.
The regulation is technical and complex in nature. The regulation adopts federal regulations into state regulation and minimizes confusion concerning applicable requirements. This regulation does not conflict with federal or state laws or regulations. The most recent amendment, which became effective January 18, 2023, was to incorporate 40 CFR into this regulation. This regulation is typically updated annually as necessary to address changes that are made to the federal regulation and to maintain consistency with federal requirements. Annual updates minimize the impact the regulation has on all regulated entities, including small businesses, associated with complying with federal requirements that potentially may be changed throughout the year.
Contact Information: Lisa A. Ellis, Hazardous Waste Compliance Program Coordinator, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 912-7366.
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 regulation is undergoing a periodic review and a small business impact review: 9VAC25-820, General Virginia Pollutant Discharge Elimination System (VPDES) Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia. 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 July 31, 2023, and ends August 21, 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: Joseph Bryan, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-2659.
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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 12VAC5-542, Rules and Regulations Governing the Virginia Nurse Practitioner/Nurse Midwife Scholarship Program, and determined that this regulation should be amended. The board is publishing its report of findings dated March 3, 2023, to support this decision.
Pursuant to § 2.2-4017 of the Code of Virginia, the regulation meets the criteria set out in Executive Order 19. The regulation allows the board to set the general terms and conditions necessary to administer a scholarship program that is a key strategy for the protection of public health and welfare throughout the Commonwealth. The regulation is comprehensible, clear, and consistent.
The board is proposing to amend the Virginia nurse practitioner/nurse midwife nursing scholarship program to adhere to Virginia Administrative Code style requirements. Amendments will ensure that the language is readable, clear, and consistent and in the public's interest.
The regulation is required by the Code of Virginia, and there is continued need for the regulation. The Virginia Department of Health did not receive any comments during the public comment period. The regulation is not complex, and it does not overlap with or duplicate any state or federal regulations. Technical amendments were made and became effective in 2016. There has been no change in technology or other conditions since the 2016 regulatory action that would necessitate a substantive change to scholarship program or regulations. The program administered by the regulation promotes nursing recruitment and retention, which is intended to address the nursing shortages throughout the Commonwealth. As such, facilities that provide nursing services and that qualify as a small business benefit from the implementation of the regulations. The regulation has no adverse economic impact on small business.
Contact Information: Olivette Burroughs, Statewide Health Workforce Manager, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7431.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
COMMON INTEREST COMMUNITY 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: 18VAC48-10, Public Participation Guidelines; 18VAC48-45, Time-Share Regulations; 18VAC48-50, Common Interest Community Manager Regulations; 18VAC48-60, Common Interest Community Association Registration Regulations; and 18VAC48-70, Common Interest Community Ombudsman Regulations. 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 July 31, 2023, and ends August 21, 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: Stephen Kirschner, Deputy Director for Licensing and Regulation, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8510.
REAL ESTATE 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: 18VAC135-11, Public Participation Guidelines; 18VAC135-20, Virginia Real Estate Board Licensing Regulations; and 18VAC135-50, Fair Housing Regulations. 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 July 31, 2023, and ends August 21, 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: Stephen Kirschner, Deputy Director for Licensing and Regulation, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Suite 400, Richmond, VA 23233, telephone (804) 367-8552.
BOARD FOR PROFESSIONAL SOIL SCIENTISTS, WETLAND PROFESSIONALS, AND GEOLOGISTS
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: 18VAC145-11, Public Participation Guidelines; 18VAC145-20, Professional Soil Scientists Regulations; 18VAC145-30, Regulations Governing Certified Professional Wetland Delineators; and 18VAC145-40, Regulations for the Geology Certification Program. 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 July 31, 2023, and ends August 21, 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: Kathleen R. Nosbisch, Executive Director, Board for Professional Soil Scientists, Wetland Professionals, and Geologists, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514.
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TITLE 24. TRANSPORTATION AND MOTOR VEHICLES
COMMONWEALTH TRANSPORTATION 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: 24VAC30-401, Change of Limited Access Control; 24VAC30-580, Guidelines for Considering Requests for Restricting Through Trucks on Primary and Secondary Highways; and 24VAC30-620, Rules, Regulations, and Rates Concerning Toll and Bridge Facilities. 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 July 31, 2023, and ends August 21, 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: 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.