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 9VAC25-580, Underground Storage Tanks: Technical Standards and Corrective Action Requirements, and determined that this regulation should be retained as is. The board is publishing its report of findings dated July 25, 2023, to support this decision.
The regulation is necessary to protect public health, safety, and welfare. This regulation contains technical standards that set forth compliance (i) requirements designed to prevent and reduce the number of releases of petroleum and hazardous substances from underground storage tanks (USTs), (ii) measures to quickly detect any releases from USTs, and (iii) measures to ensure cleanup of contamination from releases from USTs. This regulation is clearly written and easily understandable. The regulation is effective and is being retained as is without making changes. The regulation continues to be needed to protect human health and the environment.
Two comments were received during the public comment period for the periodic review. The Department of Environmental Quality's response is provided in the public comment forum of the Virginia Regulatory Town Hall.
The regulation is complex and technical in nature and is based on federal regulatory language. The regulation incorporates both federal requirements for USTs and state building code requirements for USTs. By maintaining consistency with the federal UST and state building code requirements, confusion within the regulated community is minimized.
This regulation was last amended in 2022 to accommodate a change in the statute transferring certain authorities from the State Water Control Board to the Department of Environmental Quality. The regulation is consistent with current federal requirements applicable to USTs. The regulation is written to be only as stringent as the federal UST requirements that sought to minimize where possible the economic impact of regulations on small businesses.
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, or 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 9VAC25-590, Petroleum Underground Storage Tank Financial Responsibility Requirements, and determined that this regulation should be retained as is. The board is publishing its report of findings dated July 1, 2023, to support this decision.
The regulation is necessary to protect public health, safety, and welfare. This regulation contains methods owners and operators may utilize to demonstrate financial assurance and includes the use of the Virginia Petroleum Storage Tank Fund. The regulation is clearly written and easily understandable. The regulation continues to be needed to protect the human health and the environment and is being retained without changes. No comments were received during the public comment period for the periodic review.
The regulation is complex and technical in nature due to the fact the regulation addresses financial assurance requirements for underground storage tanks (USTs) and the various mechanisms that may be used to demonstrate financial assurance. Virginia's regulation is similar to the federal regulation concerning the financial assurance mechanisms available to owners and operators; however, the state regulation provides an additional financial assurance mechanism not mentioned in the federal regulation and allows owners and operators the ability to use the Virginia Petroleum Storage Tank Fund to assist owners and operators with demonstrating financial assurance.
This regulation was last amended in 2022 to accommodate a statutory change. The regulation is consistent with current federal requirements applicable to USTs. The regulation, as currently written, minimizes the impact on small businesses, and Virginia's regulation is less obtrusive on small governments than the applicable federal regulation.
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, or email renee.hooper@deq.virginia.gov.
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TITLE 12. HEALTH
STATE BOARD OF HEALTH
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: 12VAC5-115, Virginia Immunization Information System. 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 October 23, 2023, and ends November 13, 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: Karen Mask, Senior Policy Analyst, Office of Epidemiology, Virginia Department of Health, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 654-9351, or email karen.mask@vdh.virginia.gov.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF LONG-TERM CARE ADMINISTRATORS
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: 18VAC95-11, 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 October 23, 2023, and ends November 13, 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: Corie Tillman Wolf, Executive Director, Board of Long-Term Care Administrators, 9960 Mayland Drive, Suite 300, Henrico, VA 23233-1463, telephone (804) 367-4595, or email corie.wolf@dhp.virginia.gov.
BOARD OF PHARMACY
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: 18VAC110-11, 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 October 23, 2023, and ends November 13, 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: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4456, or email caroline.juran@dhp.virginia.gov.