TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
Agency Notice
Pursuant to §§ 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: 8VAC20-441, Regulations Governing the Employment of Professional Personnel; 8VAC20-460, Regulations Governing Sick Leave Plan for Teachers; 8VAC20-510, Regulations Governing Superintendent of Public Instruction; 8VAC20-560, Regulations Governing Reporting of Acts of Violence and Substance Abuse in Schools; 8VAC20-620, Regulations Regarding School Guidance and Counseling Programs in the Public Schools of Virginia; 8VAC20-630, Standards for State-Funded Remedial Programs; 8VAC20-650, Regulations Governing the Determination of Critical Teacher Shortage Areas; 8VAC20-660, Regulations Governing the Reenrollment of Students Committed to the Department of Juvenile Justice; and 8VAC20-740, Regulations Governing Nutritional Standards for Competitive Foods Available for Sale in the Public Schools. The reviews will be guided by the principles in Executive Order 19 (2022). The purpose of this review is to determine whether these regulations should be repealed, amended, or retained in their current forms. Public comment is sought on the review of any issue relating to the 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 7, 2025, and ends April 28, 2025.
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: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.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 9VAC25-900, Certification of Nonpoint Source Nutrient Credits, and determined that this regulation should be amended. The board is publishing its report of findings dated December 17, 2024, to support this decision.
This regulation effectively establishes a state-wide free market for nonpoint source (NPS) nutrient reductions. Through Department of Environmental Quality (DEQ) certification of NPS nutrient credits, these credits can be generated and transferred to construction general permit (CGP) holders for offsetting phosphorus loads from new development or redevelopment cost-effectively. NPS nutrient credits may also be utilized for meeting nutrient total maximum daily load (TMDL) wasteload allocations and Chesapeake Bay TMDL special conditions in municipal separate storm sewer system and industrial stormwater permits, providing a cost-effective strategy for meeting Virginia's Chesapeake Bay TMDL watershed implementation plan obligations.
Virginia's NPS nutrient trading program is the most robust NPS trading program in the country, with hundreds of credit transactions made annually to achieve compliance with Virginia Pollutant Discharge Elimination System (VPDES) permits. In 2023, approximately 2,123 pounds of phosphorus were sold. The estimated 2023 market value of the NPS nutrient trading program was over $30 million. This market would not exist without 9VAC25-900 and the implementation of the NPS nutrient trading program. This regulation is necessary for the protection of economic welfare for both NPS nutrient credit generators and NPS nutrient credit users. This regulation establishes a state strategy for achieving cost-effective NPS nutrient reductions in order to protect state water quality and enhance Chesapeake Bay restoration efforts. This regulation is clearly written and easily understandable.
This regulation continues to be necessary; however, ambiguities regarding the responsibilities of the entities implementing NPS nutrient credit-generating activities for perpetual NPS nutrient credits (i.e., nutrient bank sponsors) have led to compliance issues related to certain individual credit-generating activities. The regulation will be amended to clarify the roles and responsibilities of nutrient bank sponsors and designated long-term stewards for properties containing NPS nutrient credit-generating activities. The amendments will also consider adopting a more recent baseline date for land use conversions.
No public comments were received during the periodic review.
This regulation establishes procedures for obtaining NPS credit certification, and portions of the regulation may be viewed as complex due to the technical requirements included in the regulation. This regulation lacks necessary provisions for determining roles and responsibilities for long-term stewardship of credit-generating activities, but it is otherwise clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The board first issued this regulation in 2020. This is the first periodic review of this regulation since the regulation was enacted.
Technical criteria for NPS nutrient credit-generating practices, including stream restoration and shoreline stabilization, continue to be evaluated and clarified by DEQ through the issuance of guidance memoranda, such as GM23-2004 – Accelerated Release of Nonpoint Source Nutrient Credits for Stream Restoration Projects, in order to facilitate consistent implementation of practices. DEQ has seen a significant increase in NPS credit certification applications utilizing stream restoration and shoreline stabilization practices.
This regulation is consistent with § 62.1-44.19:20 of the Code of Virginia, as well as the U.S. Environmental Protection Agency Water Quality Trading Policy established January 13, 2003. Proposed amendments are intended to provide clarification on NPS nutrient credit certification requirements and, where applicable, ensure NPS nutrient credit certification meets the appropriate temporal basis of perpetual NPS credit certification pursuant to § 62.1-44.19:20 B 3 of the Code of Virginia. NPS nutrient credit generators include both large and small businesses alike. NPS nutrient credit-generating activities, such as land use conversions or stream restorations, may be voluntarily implemented on unregulated lands with higher nutrient pollution loads, such as agricultural lands, to achieve cost-effective nutrient reductions. These reductions can be transferred or sold to regulated entities within nutrient source sectors, such as new development, where the cost per pound of nutrient reduction for stormwater best management practices is often much higher than the cost per pound of typical credit-generating activities. The use of NPS nutrient credits for CGP compliance can provide small businesses with cost savings for CGP compliance.
Contact Information: Derick Winn, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219, telephone (804) 965-4875, or email derick.winn@deq.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 small business impact review of 22VAC40-730, Investigation of Child Abuse and Neglect in Out of Family Complaints. The fast-track rulemaking action, which is published in this issue of the Virginia Register, serves as the report of findings.
Agency Contact: Nicole Shipp, Department of Social Services, 801 East Main Street, Richmond, VA 23229, telephone (804) 726-7574, or email e.shipp@dss.virginia.gov.
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TITLE 24. TRANSPORTATION AND MOTOR VEHICLES
COMMONWEALTH TRANSPORTATION BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commonwealth Transportation Board conducted a periodic review and small business impact review of 24VAC30-151, Land Use Permit Regulations. The proposed regulation, which is published in this issue of the Virginia Register, serves as the report of findings.
Agency Contact: Jo Anne P. Maxwell, Agency Regulatory Coordinator, Governance and Legislative Affairs Division, Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-1830, FAX (804) 225-4700, or email joanne.maxwell@vdot.virginia.gov.