TITLE 1. ADMINISTRATION
DEPARTMENT OF GENERAL SERVICES
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of General Services conducted a periodic review and a small business impact review of 1VAC30-41, Regulation for the Certification of Laboratories Analyzing Drinking Water, and determined that this regulation should be retained as is. The board is publishing its report of findings dated May 30, 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. This regulation satisfies the provisions of the law and legally binding state and federal requirements and is effective in meeting its goals. The regulation therefore is being retained without amendment.
1VAC30-41 became effective on May 1, 2014. This is the second periodic review of 1VAC30-41. The regulation continues to be needed to meet the requirements of federal and state law and regulations concerning the certification of laboratories analyzing drinking water samples. Drinking water laboratories that analyze drinking water samples for compliance purposes under federal and state law must be certified to do so under federal law. No complaints or comments have been received concerning the content of the regulation or its complexity. The regulation is written clearly and sets out the federal and state requirements for certifying laboratories analyzing drinking water. The regulation does not overlap, duplicate, or conflict with federal or state laws or regulations.
Contact Information: Rhonda Bishton, Office Manager and Executive Assistant, Department of General Services, 1100 Bank Street, Suite 420, Richmond, VA 23219, telephone (804) 786-3311, email rhonda.bishton@dgs.virginia.gov.
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TITLE 9. ENVIRONMENT
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 9VAC25-91, Facility and Aboveground Storage Tank (AST) Regulation, and determined that this regulation should be retained as is. The board is publishing its report of findings dated May 8, 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 protects the environment and public health and safety from discharges of oil by providing procedures and requirements for registering tanks, developing facility and tank vessel oil discharge contingency plans, and establishing pollution prevention standards. The regulation incorporates standards recommended by the National Fire Protection Association or other industry practices or standards. The industry practices and standards are technical in nature; however, the regulated community is familiar with the technical requirements and industry standards. The regulation continues to be needed and is being retained without changes.
This regulation is required by § 62.1-44.34:15.1 of the Code of Virginia. No public comments were received during the public comment period. There is no direct mandate for aboveground storage tank regulations in federal law; however, federal regulations (e.g., 40 CFR Part 112 (Oil Pollution Prevention) and 29 CFR 1910.106 (Occupational Safety and Health Regulations)) and industry standards (e.g., API 653 and API 570) contain a number of requirements related to AST construction and operation. Many of those federal requirements are similar in purpose or effect to the requirements envisioned by Virginia's Pollution Prevention Law and Oil Discharge Contingency Plan mandates. Every attempt has been made to make the requirements of the state's aboveground storage tank regulations consistent with requirements already contained in those federal regulations and industry standards. This regulation was last reviewed in 2022.
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, email renee.hooper@deq.virginia.gov.
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 9VAC25-101, Tank Vessel Oil Discharge Contingency Plan and Financial Responsibility Regulation, and determined that this regulation should be retained as is. The board is publishing its report of findings dated May 15, 2023, to support this decision.
This regulation continues to be needed to protect public health, safety, and welfare since it requires operators of tank vessels transporting or transferring oil as cargo upon state waters to develop contingency plans to address spills of oil. The regulation is clearly written and easily understandable. The regulation is being retained without changes. No comments were received during the periodic review.
This is not a state specific requirement, and vessels are required to develop these plans to meet federal requirements found in the Oil Pollution Control Act of 1990. Virginia's regulation has been written to minimize the regulatory burden on the regulated community by maintaining consistency with the requirements of federal regulations. By complying with specific provisions of the Oil Pollution Control Act of 1990, a vessel operator is complying with Virginia's regulation, and no additional action is required by the vessel operator.
This regulation was last amended in 2022. The regulation remains consistent with federal laws and regulation and state statute.
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, email renee.hooper@deq.virginia.gov.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY
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: 18VAC30-11, Public Participation Guidelines. 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 September 11, 2023, and ends October 11, 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: Leslie L. Knachel, Executive Director, Board of Audiology and Speech-Language Pathology, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 597-4130, email audbd@dhp.virginia.gov.
BOARD OF SOCIAL WORK
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: 18VAC140-11, Public Participation Guidelines. 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 September 11, 2023, and ends October 2, 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: Jaime Hoyle, Executive Director, Board of Social Work, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4441, email jaime.hoyle@dhp.virginia.gov.
BOARD FOR WASTE MANAGEMENT FACILITY OPERATORS
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: 18VAC155-11, Public Participation Guidelines, and 18VAC155-20, Waste Management Facility Operators 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 September 11, 2023, and ends October 2, 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: Marjorie King, Executive Director, Board for Waste Management Facility Operators, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8511, email wastemgt@dpor.virginia.gov.
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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 22VAC40-35, Virginia Independence Program, and determined that this regulation should be amended. The board is publishing its report of findings dated August 16, 2023, to support this decision.
The regulation is necessary for the protection of public health, safety, and welfare because it provides the framework for public assistance for the citizens of the Commonwealth who are eligible for Temporary Assistance for Needy Families (TANF). The regulation is clearly written and easily understandable. Despite the fact that no comments were received during the public comment period, the agency is recommending that the regulation be amended based on a thorough review of the regulation.
Chapter 209 of the 2021 Acts of Assembly, Special Session I, amended the amount of the subsidy in the Full Employment Program (FEP), which must be reflected by amending 22VAC40-35-100. Chapter 298 of the 2022 Acts of Assembly added an additional exemption from participation in the Virginia Initiative for Education and Work (VIEW) program, which must be reflected by amending 22VAC40-35-80.
The regulation is necessary to govern the Virginia Independence Program. No public complaints or comments have been received about this regulation. The regulation is concise and understandable. The regulation does not overlap or duplicate any other federal or state laws or regulations. The regulation was last reviewed in 2018 and subsequently amended in 2020. There are no changes in technology or other factors since that time that impact this regulation. The regulation has no impact on small businesses as it does not include any language that prescribes limitations or requirements on small businesses.
Contact Information: Mark Golden, TANF Program Manager, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 840-8370, email mark.golden@dss.virginia.gov.
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 22VAC40-295, Temporary Assistance for Needy Families (TANF), and determined that this regulation should be retained as is. The board is publishing its report of findings dated August 16, 2023, to support this decision.
The regulation is necessary for the protection of public health, safety, and welfare because it provides a vital safety net for vulnerable citizens of the Commonwealth who are eligible for Temporary Assistance for Needy Families (TANF). The regulation is clearly written and easily understandable. Based on a thorough review of the regulation and the fact that no comments were received, the agency recommends that the regulation be retained as is without making any changes.
The regulation is necessary to govern the TANF program. No public complaints or comments have been received about this regulation. The regulation is concise and understandable. The regulation does not overlap or duplicate any other federal or state laws or regulations. The regulation was last reviewed in 2019 and subsequently amended in 2020. There are no changes in technology or other factors since that time that impact this regulation. The regulation has no impact on small businesses as it does not include any language that prescribes limitations or requirements on small businesses.
Contact Information: Mark Golden, TANF Program Manager, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 840-8730, email mark.golden@dss.virginia.gov.
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 22VAC40-400, Funding Limitations for the Refugee Resettlement Program, and determined that this regulation should be retained as is. The board is publishing its report of findings dated August 7, 2023, to support this decision.
The regulation is necessary for the protection of public health, safety, and welfare of newly arrived refugees who are eligible for temporary cash and medical assistance while becoming self-sufficient in their new communities. The regulation is brief, clearly written, and easily understandable.
The agency will retain the regulation without making changes as there have been no changes to the federal law or regulation on which it is based. This regulation was promulgated in 1986 for the purpose of limiting refugee cash and medical assistance to the amount allotted annually by the United States Congress and is still needed. The regulation is only two sections, and it is not complex. It was last reviewed in 2019. This regulation has no impact on small businesses.
Contact Information: Seyoum Berhe, State Refugee Coordinator, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7927, email seyoum.berhe@dss.virginia.gov.