TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF CONSERVATION AND RECREATION
Agency Notice
Pursuant to §§ 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: 4VAC3-11, Public Participation Guidelines. The review will be guided by the principles in Executive Order 19 (2022). The purpose of this review is to determine whether the regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to the 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 14, 2025, and ends August 4, 2025.
Comments must include the commenter's name and address (physical or email) 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, fax (804) 786-6141, or email lisa.mcgee@dcr.virginia.gov.
DEPARTMENT OF CONSERVATION AND RECREATION
Agency Notice
Pursuant to §§ 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: 4VAC5-11, Public Participation Guidelines. The review will be guided by the principles in Executive Order 19 (2022). The purpose of this review is to determine whether the regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to the 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 14, 2025, and ends August 4, 2025.
Comments must include the commenter's name and address (physical or email) 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, fax (804) 786-6141, or email lisa.mcgee@dcr.virginia.gov.
VIRGINIA SOIL AND WATER CONSERVATION BOARD
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: 4VAC50-11, Public Participation Guidelines and 4VAC50-85, Nutrient Management Training and Certification Regulations. The reviews will be guided by the principles in Executive Order 19 (2022). The purpose of these reviews is to determine whether the 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 July 14, 2025, and ends August 4, 2025.
Comments must include the commenter's name and address (physical or email) 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, fax (804) 786-6141, or email lisa.mcgee@dcr.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 9VAC25-860, Virginia Pollutant Discharge Elimination System General Permit Regulation for Potable Water Treatment Plants, and determined that this regulation should be retained as is. The board is publishing its report of findings dated May 8, 2025, to support this decision.
This regulation governs the discharge of process wastewater from potable water treatment plants to surface waters and contains effluent limitations, monitoring requirements, and special conditions that are necessary for the protection of public health, safety, and welfare. The regulation is clearly written and easily understandable.
This regulation continues to be needed. The regulation covers point source discharges of process wastewater from potable water treatment plants. It establishes procedures for obtaining coverage under this general permit and the applicable limitations and monitoring requirements for point source discharges of wastewaters from potable water treatment plants. Repealing this regulation would require these dischargers to obtain individual Virginia Pollutant Discharge Elimination System (VPDES) permits to conduct these activities. No public comments were received during the comment period for this periodic review.
The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The board last amended this regulation in 2023. This regulation was evaluated and necessary changes were made to the regulation when the permit was reissued.
The regulation accomplishes the objectives of applicable law, minimizes the costs to small business owners, and simplifies the application process. Without the regulation, currently permitted facilities and new permittees would be required to obtain an individual VPDES permits, which would increase the complexity of the permit application and the costs to obtain permit coverage. Currently permitted water treatment plants are not classified as small businesses.
Contact Information: Azra Bilalagic, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219, telephone (804) 584-6674, or email azra.bilalagic@deq.virginia.gov.
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TITLE 16. LABOR AND EMPLOYMENT
SAFETY AND HEALTH CODES BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Safety and Health Codes Board conducted a periodic review and a small business impact review of 16VAC25-35, Regulation Concerning Certified Lead Contractors Notification, Lead Project Permits and Permit Fees, and determined that this regulation should be retained as is. The board is publishing its report of findings dated June 6, 2025, to support this decision.
The regulation provides for the identification of certain lead abatement projects and the tracking of active projects. Section 40.1-51.21 of the Code of Virginia requires that at least once a year, during an actual project, the Department of Labor and Industry (DOLI) conduct an on-site, unannounced inspection of each certified lead abatement contractor's procedures in regard to the removal of lead-based paint. This inspection ensures protection of the health of the workers and also the health of the general public by controlling the release of lead into the environment or residence. The regulation also provides a concise procedure for the notification and payment of fees associated with lead projects. The fees generated are designed to cover the costs associated with the compliance inspections conducted by the department.
This regulation is not overly complex and does not overlap, duplicate, or conflict with federal or state law or regulation. The regulation is clearly written and easily understandable. At the Safety and Health Codes Board meeting held on March 19, 2025, the board approved DOLI's recommendation to retain the regulation without change. This regulation has no real impact on small businesses.
Contact Information: Cristin Bernhardt, Regulatory Coordinator and Staff Attorney, Department of Labor and Industry, Main Street Centre, 600 East Main Street, Richmond, VA 23219, telephone (804) 786-2392, fax (804) 786-2641, or email cristin.bernhardt@doli.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Safety and Health Codes Board conducted a periodic review and a small business impact review of 16VAC25-55, Financial Requirements for Boiler and Pressure Vessel Contract Fee Inspectors, and determined that this regulation should be retained as is. The board is publishing its report of findings dated June 6, 2025, to support this decision.
By requiring contract fee inspectors to provide annual proof of indemnification, this regulation protects small business owners of boiler and pressure vessels by providing proof that contract fee inspectors have indemnified these owners against losses caused by negligent inspection and certification. Although contract fee inspectors will have to invest a small portion of time in copying and mailing a certificate of insurance or proof of other indemnification, the regulation is not overly complex and does not overlap, duplicate, or conflict with federal or state law or regulation. Contract fee inspectors must also pay related copy and postage costs, but these costs are relatively small. This regulation provides flexible options for contract fee inspectors and minimizes, to the greatest extent possible, the impact on the regulated community. The regulation is clearly written and easily understandable.
At the Safety and Health Codes Board meeting held on March 19, 2025, the board approved the Department of Labor and Industry's recommendation to retain the regulation without change. This regulation has no real impact on small businesses.
Contact Information: Cristin Bernhardt, Regulatory Coordinator and Staff Attorney, Department of Labor and Industry, Main Street Centre, 600 East Main Street, Richmond, VA 23219, telephone (804) 786-2392, fax (804) 786-2641, or email cristin.bernhardt@doli.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Safety and Health Codes Board conducted a periodic review and a small business impact review of 16VAC25-73, Regulation Applicable to Tree Trimming Operations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated June 6, 2025, to support this decision.
The current regulation is the least burdensome alternative for the protection of employees working in tree trimming occupations. This regulation closely tracks the industry approved American National Standards Institute (ANSI) standard Z133.1-2006 and does not overlap, duplicate, or conflict with federal or state law or regulation. The regulation is based on ANSI Z133.1-2006; therefore, the regulated community is very familiar with the requirements and procedures designed to eliminate or reduce injuries, illnesses, and fatalities associated with tree trimming hazards.
At the Safety and Health Codes Board meeting held on March 19, 2025, the board approved the Department of Labor and Industry's recommendation to retain the regulation without change. This regulation has no real impact on small businesses.
Contact Information: Cristin Bernhardt, Regulatory Coordinator and Staff Attorney, Department of Labor and Industry, Main Street Centre, 600 East Main Street, Richmond, VA 23219, telephone (804) 786-2392, fax (804) 786-2641, or email cristin.bernhardt@doli.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Safety and Health Codes Board conducted a periodic review and a small business impact review of 16VAC25-75, General Industry Standard for Telecommunications, General, Approach Distances and determined that this regulation should be retained as is. The board is publishing its report of findings dated June 6, 2025, to support this decision.
This regulation is not overly complex. It has no negative impact on the regulated community and does not overlap, duplicate, or conflict with federal or state law or regulation. In the past, the establishment of less stringent compliance requirements directly resulted in fatal electrocution hazards for employees, so no alternatives for the regulation were considered by the board. This regulation is the least burdensome alternative available for achieving the purpose of the regulation.
At the Safety and Health Codes Board meeting held on March 19, 2025, the board approved the Department of Labor and Industry's recommendation to retain the regulation without change. This regulation has no real impact on small businesses.
Contact Information: Cristin Bernhardt, Regulatory Coordinator and Staff Attorney, Department of Labor and Industry, Main Street Centre, 600 East Main Street, Richmond, VA 23219, telephone (804) 786-2392, fax (804) 786-2641, or email cristin.bernhardt@doli.virginia.gov
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF LONG-TERM CARE ADMINISTRATORS
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Long-Term Care Administrators conducted a periodic review and a small business impact review of 18VAC95-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The board is publishing its report of findings dated June 24, 2025, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare because it sets forth procedures for participation of the public in the development of board regulations. Additionally, the regulation is required by statute, and the board has no discretion not to maintain this regulation. The board has reviewed the regulation and determined that it is clearly written and understandable.
The board has decided to retain this regulation as is. Public participation chapters are required to be reviewed every four years; however, the regulation does not change unless new model regulations are adopted by the Department of Planning and Budget. Since there are no new model regulations to adopt, no changes need to be made. The regulation does not impact small businesses.
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, fax (804) 527-4413, or email corie.wolf@dhp.virginia.gov.