General Notices, Vol. 28 Iss. 19 May 21, 2012

GENERAL NOTICES
Vol. 28 Iss. 19 - May 21, 2012

GENERAL NOTICES/ERRATA

STATE AIR POLLUTION CONTROL BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Air Pollution Control Board has conducted a small business impact review of 9VAC5-220, Variance for Rocket Motor Test Operations at Atlantic Research Corporation Orange County Facility, and determined that this regulation should be retained in its current form. The State Air Pollution Control Board is publishing its report of findings dated April 13, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

This regulation continues to be needed. It provides the source with the most cost-effective means of fulfilling ongoing state and federal requirements that protect air quality. The regulation's level of complexity is appropriate to ensure that the regulated entity is able to meet its legal mandates as efficiently and cost effectively as possible. This regulation does not overlap, duplicate, or conflict with any state law or other state regulation. This regulation was last reviewed in 2002. In that time, it has gotten generally less expensive to characterize, measure, and mitigate the regulated pollutants that contribute to poor air quality. This regulation continues to provide the most efficient and cost-effective means to determine the level and impact of excess emissions and to control those excess emissions. The department, through examination of the regulation, has determined that the regulatory requirements currently minimize the economic impact of emission control regulations on small businesses and thereby minimize the impact on existing and potential Virginia employers and their ability to maintain and increase the number of jobs in the Commonwealth.

Contact Information: Cindy Berndt, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4378, FAX (804) 698-4346, or email cindy.berndt@deq.virginia.gov.

BOARD FOR ARCHITECTS, PROFESSIONAL ENGINEERS, LAND SURVEYORS, CERTIFIED INTERIOR DESIGNERS AND LANDSCAPE ARCHITECTS

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects conducted a small business impact review of 18VAC10-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board for Architects, Professional Engineers, Land Surveyors and Landscape Architects is publishing its report of findings dated December 30, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

1. The current regulations are necessary for the board to comply with § 2.2-4007.02 of the Code of Virginia and Chapter 321 of the 2008 Acts of Assembly.

2. No public comments were received.

3. The regulations are not complex in nature.

4. The regulations do not overlap, duplicate, or conflict with federal or state laws or regulations.

5. The regulations were last effective on August 8, 2008, with the adoption of the Model Public Participation Guidelines pursuant to Chapter 321 of the 2008 Acts of Assembly.

No small business impact has been identified.

Contact Information: Mark N. Courtney, Deputy Director for Licensing and Regulation, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8537, FAX (804) 527-4403, or email mark.courtney@dpor.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects conducted a small business impact review of 18VAC10-20, Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects Regulations, and determined that this regulation should be retained in its current form. The Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects is publishing its report of findings dated December 30, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

1. The current regulations establish minimum licensing requirements for architects, professional engineers, land surveyors, and landscape architects. Minimum standards are necessary for these professions because these individuals design the very infrastructure of the country including buildings, bridges, and other important structures. Ensuring that these professionals meet minimum education, training, experience, and examination standards is crucial for the protection of the public health, safety, and welfare.

2. Only one public comment was received. The comment recommends allowing professionals, who originally authored plans, to be allowed to come back at any time and amend those plans. This is not consistent with the board's responsibility to ensure that only minimally qualified professionals edit plans. Minimal qualifications are, in part, established through a 16-hour continuing education requirement, along with requiring that an individual is currently licensed.

3. The regulations are not complex in nature.

4. The regulations do not overlap, duplicate, or conflict with federal or state laws or regulations but instead work in concert with them.

5. Apart from this periodic review, the regulations are currently under general review to amend the language to ensure that it is written clearly and is easily understandable. In the current general regulatory review, each profession-specific requirement was evaluated and the regulations were studied on a macro level to ensure consistent language in similarly themed areas of the regulations by implementing the simplest form of text to achieve the most clarity for all affected members of the public. The current proposed regulations were approved by the Secretary of Commerce and Trade on August 15, 2011, and are now being reviewed by the Governor.

No small business impact has been identified.

VIRGINIA BOARD FOR ASBESTOS, LEAD, MOLD, AND HOME INSPECTORS

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Board for Asbestos, Lead, Mold, and Home Inspectors conducted a small business impact review of 18VAC15-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Virginia Board for Asbestos, Lead, Mold, and Home Inspectors is publishing its report of findings dated November 21, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 2.2-4007.02 of the Code of Virginia mandates the board to solicit the input of interested parties in the formation and development of its regulations. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare by establishing Public Participation Guidelines that promote public involvement in the development, amendment, or repeal of an agency's regulation. By soliciting the input of interested parties, the board is better equipped to ensure that individuals licensed as asbestos, lead, mold, and home inspectors in Virginia have met minimum competencies. Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent periodic review of the regulation occurred in 2008 that resulted in the repeal of 18VAC15-10, the existing Public Participation Guidelines at that time, and adoption of 18VAC15-11, model Public Participation Guidelines. The board discussed and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form. Family impact

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Board for Asbestos, Lead, Mold, and Home Inspectors conducted a small business impact review of 18VAC15-20, Virginia Asbestos Licensing Regulations, and determined that this regulation should be retained in its current form. The Virginia Board for Asbestos, Lead, Mold, and Home Inspectors is publishing its report of findings dated November 21, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 54.1-501 of the Code of Virginia mandates the board to promulgate regulations and standards for the training and licensing of asbestos workers, supervisors, inspectors, management planners, project designers, and project monitors. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare and ensure that individuals licensed as asbestos workers, supervisors, inspectors, management planners, project designers, and project monitors have met minimum competencies. No complaints and only two comments were received during the public comment period. One comment was in support of the regulation and a mechanism is already in place to address the concern in the second comment received. Therefore, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent periodic review of the regulation occurred in 2008, which amended the asbestos contractor responsibilities section and established project monitor responsibilities. The board discussed and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in their current form.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Board for Asbestos, Lead, Mold, and Home Inspectors conducted a small business impact review of 18VAC15-30, Virginia Lead-Based Paint Activities Regulations, and determined that this regulation should be retained in its current form. The Virginia Board for Asbestos, Lead, Mold, and Home Inspectors is publishing its report of findings dated November 21, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 54.1-501 mandates the board to promulgate regulations and standards for the training and licensing of lead-abatement workers, supervisors, inspectors, project designers, and risk assessors. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare and ensure that individuals licensed as lead-abatement workers, supervisors, inspectors, project designers, and risk assessors in Virginia have met minimum competencies. Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent periodic review of the regulation occurred in 2010 that resulted in proposed amendments to the regulation, including the sections regarding qualifications for individual licensure; renewal required; qualifications for renewal; professional responsibility; and grounds for denial of application, denial of renewal, or discipline. This is being done to clarify training requirements upon entry and renewal and to reiterate that training must be kept current as well as the license. Currently the proposed amendments are undergoing Executive Branch Review. The board discussed and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in their current form.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Board for Asbestos, Lead, Mold, and Home Inspectors conducted a small business impact review of 18VAC15-40, Virginia Certified Home Inspectors Regulations, and determined that this regulation should be retained in its current form. The Virginia Board for Asbestos, Lead, Mold, and Home Inspectors is publishing its report of findings dated November 21, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 54.1-501 of the Code of Virginia mandates the board to promulgate regulations and standards for the training and licensing of certified home inspectors. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety and welfare and ensure that individuals licensed as certified home inspectors in Virginia have met minimum competencies. Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate or conflict with federal or state law or regulation. The most recent periodic review of the regulation occurred in 2007 which resulted in amendments to the regulation. Those amendments were to the definitions, the qualifications for certification, the certified home inspection contract provisions, the certified home inspection report provisions, the conflict of interest provisions, and the unworthiness and incompetence provisions. A continuing professional education requirement was added. Several sections were amended to conform to DPOR's Model Regulations and had no substantive impact. In addition, a fast-track amendment is currently undergoing executive branch review that removes the requirement that training courses have to be taken in a classroom setting to be accepted as meeting the Certified Home Inspector entry requirements. The current regulations allow Continuing Professional Education to be taken outside of a classroom setting, such as online courses, and this amendment will make the regulations regarding pre-certification training and continuing professional education requirements to be more consistent with each other. The Board discussed and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Board for Asbestos, Lead, Mold, and Home Inspectors conducted a small business impact review of 18VAC15-60, Mold Inspector and Mold Remediator Licensing Regulations, and determined that this regulation should be retained in its current form. The Virginia Board for Asbestos, Lead, Mold, and Home Inspectors is publishing its report of findings dated November 21, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 54.1-501 mandates the board to promulgate regulations and standards for the training and licensing of mold remediator workers, remediator supervisors, and inspectors. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare and ensure that individuals licensed as mold remediator workers, remediator supervisors, and inspectors in Virginia have met minimum competencies. Ten comments were received during the public comment period. Comments included support of the regulation as well as support for the repeal of the regulation. Given that licensure of mold inspectors and mold remediators is required by the Code of Virginia, rescission of the regulation would cause the board to be out of compliance with the enabling statute. Other comments received are addressed by the current regulations or are outside of the board's authority. A number of the comments were general and did not provide a specific way to address the expressed concern through regulation. Therefore, the board did not find a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The regulation was first effective July 1, 2011, and this periodic and small business review is the only periodic review of the regulation. The board discussed and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in their current form.

AUCTIONEERS BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Auctioneers Board conducted a small business impact review of 18VAC25-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Auctioneers Board is publishing its report of findings dated January 19, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

1. The current regulations are necessary for the board to comply with § 2.2-4007.02 of the Code of Virginia and Chapter 321 of the 2008 Acts of Assembly.

2. No public comments were received.

3 The regulations are not complex in nature.

4. The regulations do not overlap, duplicate, or conflict with federal or state laws or regulations.

5. The regulations were last effective on December 24, 2008, with the adoption of the Model Public Participation Guidelines pursuant to Chapter 321 of the 2008 Acts of Assembly. No small business impact has been identified. Family impact

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Auctioneers Board conducted a small business impact review of 18VAC25-21, Regulations of the Virginia Auctioneers Board, and determined that this regulation should be retained in its current form. The Auctioneers Board is publishing its report of findings dated January 19, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

1. The current regulations establish minimum licensing requirements for auctioneers and auction firms. Ensuring that these individuals meet minimum education, training, and examination standards is crucial for the protection of the public health, safety, and welfare.

2. No public comments were received. Minimal qualifications are, in part, established through a 6-hour continuing education requirement, along with requiring that an individual is currently licensed.

3. The regulations are not complex in nature.

4. The regulations do not overlap, duplicate, or conflict with federal or state laws or regulations but instead work in concert with them.

5. Apart from this periodic review, the regulations are currently under general review to amend the language to ensure that it is written clearly and is easily understandable. The current proposed regulations were approved by the Secretary of Commerce and Trade on November 11, 2010, and are now being reviewed by the Governor.

No small business impact has been identified.

BOARD FOR BARBERS AND COSMETOLOGY

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Barbers and Cosmetology conducted a small business impact review of 18VAC41-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board for Barbers and Cosmetology is publishing its report of findings dated December 27, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 2.2-4007.02 of the Code of Virginia mandates the board to solicit the input of interested parties in the formation and development of its regulations. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare by establishing Public Participation Guidelines that promote public involvement in the development, amendment, or repeal of an agency's regulation. By soliciting the input of interested parties, the board is better equipped to ensure individuals and businesses licensed or certified by the board have met minimum competencies. Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent periodic review of the regulation occurred in 2008 which resulted in the repeal of 18VAC41-10, the existing Public Participation Guidelines at that time, and adoption of 18VAC41-11, model Public Participation Guidelines. The board discussed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Barbers and Cosmetology conducted a small business impact review of 18VAC41-30, Hair Braiding Regulations, and determined that this regulation should be retained in its current form. The Board for Barbers and Cosmetology is publishing its report of findings dated December 27, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 54.1-201.5 of the Code of Virginia mandates the Board for Barbers and Cosmetology to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The Board for Barbers and Cosmetology provides protection for the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals that meet specific criteria set forth in the statutes and regulations are eligible to receive a hair braiding, hair braider salon, or hair braider school license or temporary license. The board is also tasked with ensuring that its regulants meet standards of practice that are set forth in the regulations. No comments or complaints were received during the public comment period. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent evaluation occurred in 2006. The board discussed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Barbers and Cosmetology conducted a small business impact review of 18VAC41-40, Wax Technician Regulations, and determined that this regulation should be retained in its current form. The Board for Barbers and Cosmetology is publishing its report of findings dated December 27, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 54.1-201.5 of the Code of Virginia mandates the Board for Barbers and Cosmetology to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The Board for Barbers and Cosmetology provides protection for the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals that meet specific criteria set forth in the statutes and regulations are eligible to receive a wax technician, wax technician instructor, waxing salon, or waxing school license or temporary license. The board is also tasked with ensuring that its regulants meet standards of practice that are set forth in the regulations. No comments or complaints were received during the public comment period. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent evaluation occurred in 2004. The board discussed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Barbers and Cosmetology conducted a small business impact review of 18VAC41-50, Tattooing Regulations, and determined that this regulation should be retained in its current form. The Board for Barbers and Cosmetology is publishing its report of findings dated December 27, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 54.1-201.5 of the Code of Virginia mandates the Board for Barbers and Cosmetology to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The Board for Barbers and Cosmetology provides protection for the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals that meet specific criteria set forth in the statutes and regulations are eligible to receive a tattooer, tattooer apprentice, limited term tattooer, permanent cosmetic tattooer, master permanent cosmetic tattooer, tattooing instructor, permanent cosmetic tattooing instructor, tattoo parlor, limited term tattoo parlor, permanent cosmetic tattoo salon, tattooing school, or permanent cosmetic tattooing school license. The board is also tasked with ensuring that its regulants meet standards of practice that are set forth in the regulations. Comments received during the public comment period revolved around a select few points, mainly (i) the perceived lack of enforcement of the unlicensed practice of tattooing and (ii) the differentiation of permanent cosmetic tattooing from tattooing. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent evaluation occurred in 2006. The board discussed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Barbers and Cosmetology conducted a small business impact review of 18VAC41-60, Body-Piercing Regulations, and determined that this regulation should be retained in its current form. The Board for Barbers and Cosmetology is publishing its report of findings dated December 27, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 54.1-201.5 of the Code of Virginia mandates the Board for Barbers and Cosmetology to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The Board for Barbers and Cosmetology provides protection for the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals that meet specific criteria set forth in the statutes and regulations are eligible to receive a body piercer, body piercer salon, body piercer apprentice, body piercer ear only, or body piercer ear only salon license. The board is also tasked with ensuring that its regulants meet standards of practice that are set forth in the regulations. Comments received during the public comment period revolved around a select few points, mainly (i) the perceived lack of enforcement of safety and sanitation procedures and (ii) the differentiation of ear only body piercing from body piercing. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent evaluation occurred in 2007. The board discussed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form. Family impact

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Barbers and Cosmetology has conducted a small business impact review of 18VAC41-70, Esthetics Regulations, and determined that this regulation should be retained in its current form. The Board for Barbers and Cosmetology is publishing its report of findings dated December 27, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 54.1-201.5 of the Code of Virginia mandates the Board for Barbers and Cosmetology to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The Board for Barbers and Cosmetology provides protection for the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals that meet specific criteria set forth in the statutes and regulations are eligible to receive an esthetician, master esthetician, esthetics instructor, master esthetics instructor, esthetics spa, or esthetics school license or temporary license. The board is also tasked with ensuring that its regulants meet standards of practice that are set forth in the regulations. Comments received during the public comment period revolved around a select few points, mainly (i) the master esthetics practical exam and (ii) the desire for the board to require continuing education. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent evaluation occurred in 2007. The board discussed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

BOARD FOR BRANCH PILOTS

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Branch Pilots conducted a small business impact review of 18VAC45-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board for Branch Pilots is publishing its report of findings dated December 30, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

1. The current regulations are necessary for the board to comply with § 2.2-4007.02 of the Code of Virginia and Chapter 321 of the 2008 Acts of Assembly.

2. No public comments were received.

3. The regulations are not complex in nature.

4. The regulations do not overlap, duplicate, or conflict with federal or state laws or regulations.

5. The regulations were last effective on August 8, 2008, with the adoption of the model Public Participation Guidelines pursuant to Chapter 321 of the 2008 Acts of Assembly.

No small business impact has been identified.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Branch Pilots conducted a small business impact review of 18VAC45-20, Board for Branch Pilots Regulations, and determined that this regulation should be retained in its current form. The Board for Branch Pilots is publishing its report of findings dated December 30, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

1. The current regulations are necessary to ensure that only minimally qualified individuals operate large vessels in Virginia's waterways, which is crucial for the protection to the public health, safety, and welfare.

2. No public comments were received.

3. The regulations are not complex in nature.

4. The regulations do not overlap, duplicate, or conflict with federal or state laws or regulations.

5. Apart from this periodic review, the regulations are currently in the final stage of general review. The final regulations were approved by the Secretary of Commerce and Trade on October 3, 2011, and are currently being reviewed by the Governor.

No small business impact has been identified.

CEMETERY BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Cemetery Board conducted a small business impact review of 18VAC47-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Cemetery Board is publishing its report of findings dated March 1, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 2.2-4007.02 of the Code of Virginia mandates the board to solicit the input of interested parties in the formation and development of its regulations. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare by establishing Public Participation Guidelines that promote public involvement in the development, amendment, or repeal of an agency's regulation. By soliciting the input of interested parties, the board is better equipped to ensure licensed cemetery companies and registered sales personnel have met minimum competencies. Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent periodic review of the regulation occurred in 2008 that resulted in the repeal of 18VAC47-10, the existing Public Participation Guidelines at that time, and adoption of 18VAC47-11, model Public Participation Guidelines. The board discussed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Cemetery Board conducted a small business impact review of 18VAC47-20, Cemetery Board Rules and Regulations, and determined that this regulation should be retained in its current form. The Cemetery Board is publishing its report of findings dated March 7, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 54.1-201.5 of the Code of Virginia mandates the Cemetery Board to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The Cemetery Board provides protection to the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals who meet specific criteria set forth in the statutes and regulations are eligible to receive a cemetery company license and sales personnel registration. The board is also tasked with ensuring that its regulants meet standards of practice that are set forth in the regulations. No comments or complaints were received during the public comment period. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent evaluation occurred in 2007. The board discussed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

COMMON INTEREST COMMUNITY BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Common Interest Community Board conducted a small business impact review of 18VAC48-10, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Common Interest Community Board is publishing its report of findings dated December 8, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 2.2-4007.02 of the Code of Virginia mandates the board to solicit the input of interested parties in the formation and development of its regulations. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare by establishing Public Participation Guidelines that promote public involvement in the development, amendment, or repeal of an agency's regulation. By soliciting the input of interested parties, the board is better equipped to effectively regulate common interest communities. Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or contravene federal or state law or regulation. This is the first periodic review of the regulation since becoming effective in 2008. At its December 1, 2011, meeting, the board discussed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Common Interest Community Board conducted a small business impact review of 18VAC48-20, Condominium Regulations, and determined that this regulation should be retained in its current form. The Common Interest Community Board is publishing its report of findings dated December 8, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 55-79.98 of the Code of Virginia mandates the Common Interest Community Board to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation.

No comments or complaints were received during the public comment period. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or contravene federal or state law or regulation.

Through emergency and final regulations, which became effective on July 9, 2009, the regulations were transferred from the Real Estate Board to the Common Interest Community Board. The most recent action taken was through the fast-track process to promulgate regulations governing the return of bonds and letters of credit as authorized by § 55-79.84:1 of the Code of Virginia. This action became effective April 1, 2011. The regulation is currently undergoing a general review. At its December 1, 2011, meeting, the board discussed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Common Interest Community Board conducted a small business impact review of 18VAC48-40, Time-share Regulations, and determined that this regulation should be retained in its current form. The Common Interest Community Board is publishing its report of findings dated December 8, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 55-396 of the Code of Virginia authorizes the Common Interest Community Board to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation.

Through final regulations, which became effective on November 27, 2008, the regulations were transferred from the Real Estate Board to the Common Interest Community Board.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Common Interest Community Board conducted a small business impact review of 18VAC48-50, Common Interest Community Manager Regulations, and determined that this regulation should be retained in its current form. The Common Interest Community Board is publishing its report of findings dated December 8, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 54.1-2349 A of the Code of Virginia mandates the Common Interest Community Board to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation.

The initial regulations became effective on April 1, 2010. The regulation is currently undergoing executive branch review and is in the final stage of that process.

At its December 1, 2011, meeting, the board discussed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form. Contact Information: Mark N. Courtney, Deputy Director for Licensing and Regulation, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8537, FAX (804) 527-4403, or email mark.courtney@dpor.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Common Interest Community Board conducted a small business impact review of 18VAC48-60, Common Interest Community Board Management Information Fund Regulations, and determined that this regulation should be retained in its current form. The Common Interest Community Board is publishing its report of findings dated December 8, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 55-530.1 of the Code of Virginia authorizes the Common Interest Community Board to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation.

Through final regulations, which became effective on November 27, 2008, the regulations were transferred from the Real Estate Board to the Common Interest Community Board. A subsequent fast-track regulation amendment, effective May 15, 2009, standardized the renewal dates for association registrations.

BOARD FOR CONTRACTORS

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Contractors conducted a small business impact review of 18VAC50-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board for Contractors is publishing its report of findings dated December 21, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 2.2-4007.02 of the Code of Virginia mandates the board to solicit the input of interested parties in the formation and development of its regulations. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare by establishing Public Participation Guidelines that promote public involvement in the development, amendment, or repeal of an agency's regulation. By soliciting the input of interested parties, the board is better equipped to ensure contracting businesses and individuals certified or licensed as a tradesman, gas fitter, certified elevator mechanic, backflow prevention device worker, or water well systems provider have met minimum competencies. Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent periodic review of the regulation occurred in 2008 that resulted in the repeal of 18VAC50-10, the existing Public Participation Guidelines at that time, and adoption of 18VAC50-11, model Public Participation Guidelines. The board discussed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Contractors conducted a small business impact review of 18VAC50-22, Board for Contractors Regulations, and determined that this regulation should be retained in its current form. The Board for Contractors is publishing its report of findings dated December 21, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

1. Sections 54.1-201.5 and 54.1-1102 of the Code of Virginia mandate that the Board for Contractors promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The regulation does not have an adverse economic impact on small businesses. Rather, the regulation allows businesses that meet specific minimum competencies to become Virginia licensed contractors.

2. One comment was received during the public comment period that suggested changing the license term for tradesman.

3. The regulation is clearly written and easily understandable.

4. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation.

5. The most recent evaluation occurred in 2010 that resulted in amendments to increase fees in order to ensure that the Board for Contractors remains in compliance with § 54.1-113 of the Code of Virginia. The fee amendment went into effect April 1, 2010. A subsequent emergency regulation amendment, effective 2010, changed the existing regulation to include a provision to address temporary license requirements pursuant to an act of the 2010 General Assembly. Currently, an emergency amendment is pending executive branch review. The emergency amendment creates residential building energy analyst firm licensure for firms pursuant to the 2011 Acts of Assembly. No changes, including changes in technology and economic conditions, have been identified that would affect licensed contractors or firms seeking licensure as a contractor. The board discussed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Contractors conducted a small business impact review of 18VAC50-30, Individual License and Certification Regulations, and determined that this regulation should be retained in its current form. The Board for Contractors is publishing its report of findings dated December 21, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

1. Sections 54.1-201.5 and 54.1-1102 of the Code of Virginia mandate that the Board for Contractors promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The regulation does not have an adverse economic impact on small businesses nor individual licensure or certification. Rather, the regulation allows individuals who meet specific minimum competencies to become licensed or certified in Virginia.

2. One comment was received during the public comment period that suggested changing the license term for tradesman.

3. The regulation is clearly written and easily understandable.

4. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation.

5. The most recent evaluation occurred in 2010 that resulted in amendments to increase fees in order to ensure that the Board for Contractors remains in compliance with § 54.1-113 of the Code of Virginia. The fee amendment went into effect April 1, 2010. Currently, a proposed amendment to the regulation is pending executive branch review to include "Certified Accessibility Mechanics" among its regulant population pursuant to the 2010 Acts of Assembly. The proposed amendment also includes an endorsement for "limited use/limited application" elevators. There is also a fast-track amendment that is pending executive branch review. The emergency amendment creates residential building energy analysts licensure for individuals pursuant to the 2010 Acts of Assembly. No changes, including changes in technology and economic conditions, have been identified that would affect licensed individuals seeking licensure as a building energy analyst or certified accessibility mechanic.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Environmental Quality conducted a small business impact review of 9VAC15-30, Regulations for the Certification of Recycling Machinery and Equipment for Local Tax Exemption Purposes, and determined that this regulation should be retained in its current form. The Department of Environmental Quality is publishing its report of findings dated April 2, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

This regulation continues to be needed. It provides recycling facilities with criteria concerning equipment that is eligible for reduced tax rates. No complaints or comments were received concerning the regulation from the public during the comment period. The regulation's level of complexity is appropriate to ensure that the regulated entities are able to meet their legal mandates as efficiently and cost effectively as possible.

This regulation does not overlap, duplicate, or conflict with any state law or other state regulation. This regulation provides a means for persons (businesses) to claim a unique tax exemption for costs incurred for recycling equipment. This regulation was last reviewed in 2005. Technology, economic conditions, and other factors have not changed in ways that would make this regulation less efficient and cost-effective in terms of protecting human health and the environment or meeting legal mandates.

The department, through examination of the regulation and relevant public comments, has determined that the regulatory requirements currently minimize the economic impact of these regulations on small businesses and thereby minimize the impact on existing and potential Virginia employers and their ability to maintain and increase the number of jobs in the Commonwealth. If small businesses purchase eligible recycling equipment, their tax rates may be reduced.

Water Quality Restoration Study (TMDL) for the Chickahominy River - Headwaters to Rt. 33 Impaired for Aquatic Life Use in Hanover and Henrico Counties

Public meeting: Twin Hickory Branch Library, 5001 Twin Hickory Road, Glen Allen, Virginia 23059. Thursday, June 7, 2012, at 2 p.m. and 6 p.m. Both meetings are open to the public.

Purpose of notice: The Virginia Department of Environmental Quality and consultant, MapTech Inc, are presenting preliminary data for the initiation of a total maximum daily load (TMDL) study to restore water quality at two public meetings (same content), an opportunity for the public to share their knowledge of the watershed, and a public comment period following the meetings (June 8, 2012, through July 9, 2012).

Meeting description: Public meetings on a study to restore water quality along the Chickahominy River's headwaters to Rt. 33 in Hanover and Henrico counties. The watershed includes the communities of Wyndham, a portion of Short Pump (North of Broad Street), Meredith Woods, Twin Hickory, and Broad Meadows. Meeting will feature information gathered for the watershed including land use, water quality monitoring, and suspected cause(s) of impairment. Those attending are invited to ask questions and to contribute their knowledge of the watershed. Presentations will be posted following the meetings at: http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DocumentationforSelectTMDLs.aspx.

Description of study: Virginia agencies have been working to identify the potential cause(s) of the aquatic life use impairment in the waters of the Chickahominy River and in the following waterway:

Stream	County/City	Length (mi.)	Impairment
Chickahominy River	Hanover & Henrico	7.06	Aquatic Life Use

Biologists assess the presence, absence, and prevalence of aquatic species, and evaluate stream habitat and water quality to determine a score of overall stream health. The headwaters of the Chickahominy River are impaired for the aquatic life use based on assessments of the aquatic community that scored poorly. The study will report on the most probable stressor(s) of the aquatic community and will recommend TMDLs for the impaired waters based on the determination of most probable stressor(s). A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards (AKA "pollution diet"). In order to meet standards, pollutants should be reduced to the TMDL amount. DEQ must develop TMDLs for all impaired waterways per the Clean Water Act.

How a decision is made: The development of a TMDL includes two sets of public meetings and comment periods; one to initiate the study and another to present the final draft TMDL report. This meeting is the first for the Chickahominy River headwaters project for aquatic life use. After the final public meeting and all public comments have been considered and addressed, DEQ will submit the TMDL report to the U.S. Environmental Protection Agency and the State Water Control Board for approval.

How to comment: DEQ accepts written comments by email, fax or postal mail. Written comments should include the name, address and telephone number and be received by DEQ during the comment period, which will begin on Friday, June 8, 2012, and end on Monday, July 9, 2012.

Contact for additional information: Margaret Smigo, TMDL Coordinator, Department of Environmental Quality, Piedmont Regional Office, 4949 A Cox Road, Glen Allen, VA 23060, telephone (804) 527-5124, FAX (804) 527-5106, or email margaret.smigo@deq.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY AND
DEPARTMENT OF CONSERVATION AND RECREATION

Water Quality Restoration in the Clinch River

Announcement of an effort to restore water quality in the Clinch River from the Big Cedar Creek confluence downstream to the Dumps Creek confluence and the following tributaries: Maiden Spring Creek and Little River in Tazewell County, Virginia, and Indian Creek, Weaver Creek, Swords Creek, Lewis Creek, and Big Cedar Creek in Russell County, Virginia.

Public meeting location: Lebanon Town Hall, 405 West Main Street, Lebanon, Virginia, on May 24, 2012, from 6 p.m. to 8 p.m.

Purpose of notice: The Virginia Department of Environmental Quality and the Department of Conservation and Recreation are announcing the final study report to restore water quality, a public comment opportunity, and public meeting.

Meeting description: Final public meeting on a study to restore water quality and first public meeting to develop an implementation plan.

Description of study: DEQ has been working to identify sources of bacterial contamination in the Clinch River and tributaries including Maiden Spring Creek and Little River in Tazewell County, Virginia, and Indian Creek, Weaver Creek, Swords Creek, Lewis Creek, and Big Cedar Creek in Russell County, Virginia. The streams are impaired for failure to meet the recreational use because of fecal coliform bacteria violations and violation of the E. coli standard.

During the study, the sources of bacterial contamination have been identified and total maximum daily load (TMDL) developed for the impaired waters. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards.

How a decision is made: The development of a TMDL includes public meetings and a public comment period once the study report is drafted. After public comments have been considered and addressed, DEQ will submit the TMDL report to the U.S. Environmental Protection Agency for approval.

How to comment: DEQ accepts written comments by email, FAX, or postal mail. Written comments should include the name, address, and telephone number of the person commenting and be received by DEQ during the comment period, May 24, 2012, to June 25, 2012. DEQ also accepts written and oral comments at the public meeting announced in this notice.

To review fact sheets: Fact sheets are available on the impaired waters from the contacts below or on the DEQ website at www.deq.virginia.gov/tmdl.

Contact for additional information: Martha Chapman, TMDL Coordinator, Department of Environmental Quality, Southwest Regional Office, 355 A Deadmore Street, Abingdon, VA 24210, telephone (276) 676-4800, FAX (276) 676-4899, or email martha.chapman@deq.virginia.gov.

Total Maximum Daily Load Studies to Restore Water Quality in Portions of Holmes Run and Tripps Run

Purpose of notice: The Department of Environmental Quality (DEQ) and the Virginia Department of Conservation and Recreation (DCR) announce a public meeting to introduce the Holmes Run and Tripps Run benthic total maximum daily load (TMDL) studies to members of the community.

Public meeting: Thursday, May 31, 2012, 6:30 p.m. to 8:30 p.m., Woodrow Wilson Library, Meeting Room 1, 6101 Knollwood Drive, Falls Church, VA 22041.

Meeting description: This is the first public meeting for these TMDL projects. The purpose of the meeting is to introduce the projects and discuss the studies with community members.

Description of study: Portions of Holmes Run and Tripps Run have been identified as impaired on the Clean Water Act § 303(d) list for not supporting Virginia's water quality aquatic life use standard due to poor health of the benthic macroinvertebrate communities. Virginia agencies are working to identify the benthic stressors causing the aquatic life use impairments in Holmes Run and Tripps Run. Below is a description of the impaired portions of Holmes Run and Tripps Run that will be addressed in this study:

Stream Name	Location	Impairment	Area (miles)	Upstream Limit	Downstream Limit
Holmes Run	Fairfax County	Aquatic Life Use Benthic Macroin-vertebrates	5.78	Headwaters of Holmes Run	Start of Lake Barcroft
Tripps Run	Falls Church Fairfax County	Aquatic Life Use Benthic Macroin-vertebrates	2.24	Headwaters of Tripps Run	Start of Lake Barcroft

During this study DEQ will develop a total maximum daily load (TMDL) for each of the impaired stream segments. A TMDL is the total amount of a pollutant a water body can receive and still meet water quality standards. To restore water quality, pollutant levels have to be reduced to the TMDL allocated amount.

How to comment: The public comment period on the materials presented at the public meeting will extend from May 31, 2012, to June 30, 2012. DEQ accepts written comments by email, FAX, or postal mail. Written comments should include the name, address, and telephone number of the person commenting, and be received by DEQ during the comment period. Please send all comments to the contact listed below.

Contact for additional information: Jennifer Carlson, Department of Environmental Quality, 13901 Crown Court, Woodbridge, VA 22193, telephone (703) 583-3859, or email jennifer.carlson@deq.virginia.gov.

FAIR HOUSING BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Fair Housing Board conducted a small business impact review of 18VAC62-10, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Fair Housing Board is publishing its report of findings dated March 1, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 2.2-4007.02 of the Code of Virginia mandates the board to solicit the input of interested parties in the formation and development of its regulations. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare by establishing Public Participation Guidelines that promote public involvement in the development, amendment, or repeal of an agency's regulation. By soliciting the input of interested parties, the board is better equipped to ensure that individuals certified by the board have met minimum competencies. Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent periodic review of the regulation occurred in 2008 that resulted in the adoption of 18VAC62-10, model Public Participation Guidelines. The board discussed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Fair Housing Board conducted a small business impact review of 18VAC62-20, Fair Board Certification Regulations, and determined that this regulation should be retained in its current form. The Fair Housing Board is publishing its report of findings dated March 8, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 54.1-201.5 of the Code of Virginia mandates the Fair Housing Board to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. Moreover, fair housing certification is voluntary, not mandatory. The regulation does not preclude uncertified individuals from being in the business of selling or renting dwellings as defined in the chapter nor does it have an adverse economic impact on small businesses. Rather, the regulation allows individuals who meet specific minimum competencies to receive fair housing certification. No complaints were received during the public comment period. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent evaluation occurred in 2005. The board discussed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

BOARD FOR GEOLOGY

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Geology conducted a small business impact review of 18VAC70-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board for Geology is publishing its report of findings dated November 9, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 2.2-4007.02 of the Code of Virginia mandates the board to solicit the input of interested parties in the formation and development of its regulations. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare by establishing Public Participation Guidelines that promote public involvement in the development, amendment, or repeal of an agency's regulation. By soliciting the input of interested parties, the board is better equipped to ensure individuals certified as professional geologists have met minimum competencies. Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent periodic review of the regulation occurred in 2008 that resulted in the repeal of 18VAC70-10, the existing Public Participation Guidelines at that time, and adoption of 18VAC70-11, model Public Participation Guidelines. The board discussed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Geology conducted a small business impact review of 18VAC70-20, Rules and Regulations for the Virginia Board for Geology, and determined that this regulation should be retained in its current form. The Board for Geology is publishing its report of findings dated November 18, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 54.1-201.5 of the Code of Virginia mandates the Board for Geology to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. Moreover, certification as a Virginia professional geologist is voluntary, not mandatory. The regulation does not preclude uncertified individuals from the practice of geology in Virginia nor does it have an adverse economic impact on small businesses. Rather, the regulation allows individuals who meet specific minimum competencies to become Virginia certified professional geologists. No comments or complaints were received during the public comment period. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with federal or state law or regulation.

The most recent evaluation occurred in 2006 that resulted in amendments that went into effect August 1, 2006. A subsequent fast-track regulation amendment, effective November 1, 2006, reduced fees for initial and renewal certifications. Currently, a fast-track amendment is pending executive branch review. The fast-track amendment extends the eligibility to take the Fundamentals of Geology exam to qualifying individuals and creates a Geologist-in-Training designation.

No changes, including changes in technology and economic conditions, have been identified that would affect certified professional geologists or individuals seeking certification as professional geologists. The board discussed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form. Family impact

BOARD OF HEALTH PROFESSIONS

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board of Health Professions conducted a small business impact review of 18VAC75-20, Regulations Governing Practitioner Self-Referral, and determined that this regulation should be retained in its current form. The Board of Health Professions is publishing its report of findings dated February 28, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

The prohibitions on practitioner self-referral are set forth in Chapter 24.1 of Title 54.1 of the Code of Virginia. Regulations in Chapter 20 provide a process by which an entity can receive an advisory opinion on whether a business arrangement would constitute a violation of the law. Regulations also provide a process by which a violation can be found and a disciplinary action imposed. No such actions have been taken since passage of the law in 1993. Therefore, there is no economic impact of regulations on small businesses.

Contact Information: Elaine J. Yeatts, Senior Policy Analyst, Department of Health Professions, Perimeter Center, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4688, FAX (804) 527-4434, or email elaine.yeatts@dhp.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board of Health Professions conducted a small business impact review of 18VAC75-30, Regulations Governing Standards for Dietitians and Nutritionists, and determined that this regulation should be retained in its current form. The Board of Health Professions is publishing its report of findings dated February 22, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

There is no impact on small businesses, since the regulation is permissive and only applies to persons who are working for a federal agency or under contract with a federal agency and who need to be able to use the protected titles of dietitian or nutritionist. Family impact

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Health Professions conducted a small business impact review of 18VAC75-40, Regulations Governing the Criteria for Certification of Dialysis Technicians, and determined that this regulation should be retained in its current form. The Board of Health Professions is publishing its report of findings dated February 22, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Since certification is a requirement of law in order for dialysis care technicians to practice and since the regulation is inclusive of all credentialing organizations available for certification, there is no impact on small businesses. Renal dialysis facilities would not be able to function without dialysis technicians, and technicians are not able to practice unless they are certified in accordance with board regulations.

BOARD FOR HEARING AID SPECIALISTS

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Hearing Aid Specialists conducted a small business impact review of 18VAC80-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board for Hearing Aid Specialists is publishing its report of findings dated December 27, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 2.2-4007.02 of the Code of Virginia mandates the board to solicit the input of interested parties in the formation and development of its regulations. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare by establishing Public Participation Guidelines that promote public involvement in the development, amendment, or repeal of an agency's regulation. By soliciting the input of interested parties, the board is better equipped to ensure individuals licensed as hearing aid specialists have met minimum competencies. Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent periodic review of the regulation occurred in 2008 that resulted in the repeal of 18VAC80-10, the existing Public Participation Guidelines at that time, and adoption of 18VAC80-11, model Public Participation Guidelines. The board discussed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

COMMISSION ON LOCAL GOVERNMENT

Schedule for the Assessment of State and Federal Mandates on Local Governments

Pursuant to the provisions of §§ 2.2-613 and 15.2-2903(6) of the Code of Virginia, the following schedule, established by the Commission on Local Government and approved by the Secretary of Commerce and Trade and Governor McDonnell, represents the timetable that the listed executive agencies will follow in conducting their assessments of certain state and federal mandates that they administer that are imposed on local governments. Such mandates are either new (in effect for at least 24 months) or newly identified. In conducting these assessments, agencies will follow the process established by Executive Order 58 which became effective October 11, 2007. These mandates are abstracted in the Catalog of State and Federal Mandates on Local Governments published by the Commission on Local Government.

For further information contact Zachary Robbins, Senior Policy Analyst, Commission on Local Government (email zachary.robbins@dhcd.virginia.gov or telephone (804) 371-8010) or visit the Commission's website at www.dhcd.virginia.gov.

STATE AND FEDERAL MANDATES ON LOCAL GOVERNMENTS

Approved Schedule of Assessment Periods
July 2012 through June 2013 for Executive Agency Assessment of Cataloged Mandates

AGENCY Mandate Short Title	CATALOG NUMBER	ASSESSMENT PERIOD
CRIMINAL JUSTICE SERVICES, DEPARTMENT OF
Residential Substance Abuse Treatment Program	SPS.DCJS031	7/1/12 to 9/30/12
EDUCATION, DEPARTMENT OF
Classroom Placement of Twins and Other Multiples	SOE.DOE128	7/1/12 to 8/31/12
Single-Sex Education	SOE.DOE130	7/1/12 to 8/31/12
School Year to begin after Labor Day	SOE.DOE132	8/1/12 to 9/30/12
Pesticide Application Reporting	SOE.DOE136	10/1/12 to 11/30/12
Absences to Observe a Religious Holiday	SOE.DOE137	10/1/12 to 11/30/12
ELECTIONS, STATE BOARD OF
Vacancies to be Filled by Special Election	SOA.SBE004	4/1/13 to 6/30/13
EMERGENCY MANAGEMENT, DEPARTMENT OF
State Homeland Security Grant Program	SPS.VDEM014	10/1/12 to 11/30/12
HEALTH, DEPARTMENT OF
Virginia Indoor Clean Air Act	SHHR.VDH029	9/1/12 to 10/31/12
Disposition of Dead Bodies	SHHR.VDH030	7/1/12 to 9/30/12
SOCIAL SERVICES, DEPARTMENT OF
Child Abuse Records Retention	SHHR.DSS073	8/1/12 to 10/31/12
TRANSPORTATION PUBLIC-PRIVATE PARTNERSHIPS
Public-Private Transportation Act (PPTA)	STO.VDOT039	7/1/12 to 9/30/12

STATE LOTTERY DEPARTMENT

Director's Orders

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on April 26, 2012, and April 30, 2012. The orders may be viewed at the State Lottery Department, 900 East Main Street, Richmond, VA, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, VA.

Director's Order Number Thirty-Two (12)

Virginia Lottery's "$50,000 Summer Escape Promotion" Final Rules for Game Operation (effective April 18, 2012, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number Fifty-Three (12)

Virginia Lottery's "Grilling Season Text To Win Promotion" Official Rules (effective April 25, 2012, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number Fifty-Four (12)

Virginia Lottery's "Grilling Season Text Sign Up Promotion" Official Rules (effective April 25, 2012, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

BOARD FOR OPTICIANS

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Opticians conducted a small business impact review of 18VAC100-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board for Opticians is publishing its report of findings dated December 27, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 2.2-4007.02 of the Code of Virginia mandates the board to solicit the input of interested parties in the formation and development of its regulations. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare by establishing Public Participation Guidelines that promote public involvement in the development, amendment, or repeal of an agency's regulation. By soliciting the input of interested parties, the board is better equipped to ensure individuals licensed as opticians have met minimum competencies. Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent periodic review of the regulation occurred in 2008 that resulted in the repeal of 18VAC100-10, the existing Public Participation Guidelines at that time, and adoption of 18VAC100-11, model Public Participation Guidelines. The board discussed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Opticians conducted a small business impact review of 18VAC100-20, Board for Opticians Regulations, and determined that this regulation should be retained in its current form. The Board for Opticians is publishing its report of findings dated December 27, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 54.1-201.5 of the Code of Virginia mandates the Board for Opticians to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The Board for Opticians provides protection for the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals that meet specific criteria set forth in the statutes and regulations are eligible to receive an optician license. The board is also tasked with ensuring that its regulants meet standards of practice that are set forth in the regulations. No comments or complaints were received during the public comment period. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent evaluation occurred in 2005. The board discussed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Professional and Occupational Regulation conducted a small business impact review of 18VAC120-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Department of Professional and Occupational Regulation is publishing its report of findings dated December 9, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 2.2-4007.02 of the Code of Virginia mandates the department to solicit the input of interested parties in the formation and development of its regulations. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare by establishing Public Participation Guidelines that promote public involvement in the development, amendment, or repeal of an agency's regulation. By soliciting the input of interested parties, the department is better equipped to ensure individuals regulated by the department have met minimum competencies. Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent periodic review of the regulation occurred in 2008 that resulted in the repeal of 18VAC120-10, the existing Public Participation Guidelines at that time, and adoption of 18VAC120-11, model Public Participation Guidelines. The director of the department reviewed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form. Family impact

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Professional and Occupational Regulation conducted a small business impact review of 18VAC120-30, Regulations Governing Polygraph Examiners, and determined that this regulation should be retained in its current form. The Department of Professional and Occupational Regulation is publishing its report of findings dated March 19, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

1. Sections 54.1-201.5 and 54.1-1802 of the Code of Virginia mandate the Director of the Department of Professional and Occupational Regulation to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The regulation does not have an adverse economic impact on small businesses nor individual licensure or registration. Rather, the regulation allows individuals who meet specific minimum competencies to become licensed or obtain intern registration in Virginia.

2. The regulation is clearly written and is easily understandable.

3. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation.

4. The most recent evaluation occurred in 2005 that resulted in amendments to increase fees to comply with § 54.1-113 of the Code of Virginia. The fee amendment went into effect August 1, 2007. Currently, a proposed amendment to the regulation is pending executive branch review. The proposed amendments (i) change the size of the Polygraph Examiners Advisory Board, (ii) allow an applicant to take portions of the examination at different dates within a one year period, (iii) clarify renewal and reinstatement requirements, and (iv) provide for a procedure to be used in the event that an examiner supervising an intern is unable to provide verification of experience. No changes, including changes in technology and economic conditions, have been identified that would affect licensed individuals seeking registration as a polygraph examiner intern or licensure as a polygraph examiner. The director, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form. Family impact

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Professional and Occupational Regulation conducted a small business impact review of 18VAC120-40, Virginia Professional Boxing and Wrestling Event Regulations, and determined that this regulation should be retained in its current form. The Department of Professional and Occupational Regulation is publishing its report of findings dated December 9, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Sections 54.1-201.5 and 54.1-831 of the Code of Virginia mandate the department to promulgate regulations that implement the federal Professional Boxing Safety Act of 1996 (15 USC § 6301 et seq.) and protect the public against incompetent, unqualified, unscrupulous, or unfit persons engaging in the activities regulated by this chapter. The regulations must include requirements for (i) initial and renewal licensure; (ii) licensure and conduct of events; (iii) standards of practice for persons arranging, promoting, conducting, supervising, and participating in events; (iv) grounds for disciplinary actions against licensees; (v) records to be kept and maintained by licensees; (vi) manner in which fees are to be accounted for and submitted to the department; and (vii) minimum health coverage for injuries sustained in a boxing match. The department has direct oversight of events to assure the safety and well-being of boxers and wrestlers.

The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. Moreover, this licensure program is mandatory per the Code of Virginia. Nor does it have an adverse economic impact on small businesses. Rather, the regulation allows individuals who meet specific minimum competencies to become a promoter or participant in the professional boxing or wrestling industry.

No comments or complaints were received during the public comment period. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with federal or state law or regulation.

The most recent evaluation occurred in 2007 that resulted in amendments that went into effect September 5, 2007. A subsequent fast-track regulation amendment was promulgated, effective May 14, 2009, which added a blood testing requirement, with negative results, for hepatitis and HIV for boxers. No changes, including changes in technology and economic conditions, have been identified that would affect this regulatory program.

The director reviewed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

BOARD FOR PROFESSIONAL SOIL SCIENTISTS AND WETLAND PROFESSIONALS

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Professional Soil Scientists and Wetland Professionals conducted a small business impact review of 18VAC145-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board for Professional Soil Scientists and Wetland Professionals is publishing its report of findings dated January 19, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

1. The current regulations are necessary for the board to comply with § 2.2-4007.02 of the Code of Virginia and Chapter 321 of the 2008 Acts of Assembly.

2. No public comments were received.

3. The regulations are not complex in nature.

4. The regulations do not overlap, duplicate, or conflict with federal or state laws or regulations.

5. The regulations were last effective on December 24, 2008, with the adoption of the model Public Participation Guidelines pursuant to Chapter 321 of the 2008 Acts of Assembly.

No small business impact has been identified.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Professional Soil Scientists and Wetland Professionals conducted a small business impact review of 18VAC145-20, Professional Soil Scientists Regulations, and determined that this regulation should be retained in its current form. The Board for Professional Soil Scientists and Wetland Professionals is publishing its report of findings dated January 19, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

1. The current regulations establish minimum requirements for the certification of soil scientists. However, because the regulations establish requirements for a certificate program (not a licensure program), the regulations do not affect the practice of soil science by noncertified individuals.

2. Only one public comment was received. The comment did not offer any specific recommendations aside from supporting the transition of the soil scientists program from certification to licensure, a change resulting from the 2011 session of the Virginia General Assembly. The program will transition from certification to licensure on July 1, 2013.

3. The regulations are not complex in nature.

4. The regulations do not overlap, duplicate, or conflict with federal or state laws or regulation.

5. The regulations were last reviewed in 2009 to conform them to HB 2759 of the 2003 Session of the Virginia General Assembly.

No small business impact has been identified.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Professional Soil Scientists and Wetland Professionals conducted a small business impact review of 18VAC145-30, Regulations Governing Certified Professional Wetland Delineators, and determined that this regulation should be retained in its current form. The Board for Professional Soil Scientists and Wetland Professionals is publishing its report of findings dated January 19, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

1. The regulations establish minimum requirements for the practice of wetland delineation by certified individuals. However, because the regulations establish requirements for a certificate program (not a licensure program), the regulations do not affect the practice of wetland delineation by noncertified individuals.

2. No public comments were received.

3. The regulations are not complex in nature.

4. The regulations do not overlap, duplicate, or conflict with federal or state laws or regulation.

5. The regulations were last reviewed in 2007 to conform to HB 2839 of the 2007 Session of the Virginia General Assembly.

No small business impact has been identified.

REAL ESTATE APPRAISER BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Real Estate Appraiser Board conducted a small business impact review of 18VAC130-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Real Estate Appraiser Board is publishing its report of findings dated March 1, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 2.2-4007.02 of the Code of Virginia mandates the board to solicit the input of interested parties in the formation and development of its regulations. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare by establishing Public Participation Guidelines that promote public involvement in the development, amendment, or repeal of an agency's regulation. By soliciting the input of interested parties, the board is better equipped to ensure that individuals licensed as appraisers have met minimum competencies. Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent periodic review of the regulation occurred in 2008 that resulted in the repeal of 18VAC135-10, the existing Public Participation Guidelines at that time, and adoption of 18VAC135-11, model Public Participation Guidelines. The board discussed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Real Estate Appraiser Board conducted a small business impact review of 18VAC130-20, Real Estate Appraiser Board Rules and Regulations, and determined that this regulation should be retained in its current form. The Real Estate Appraiser Board is publishing its report of findings dated March 1, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 54.1-201.5 of the Code of Virginia mandates the Real Estate Appraiser Board to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The Real Estate Appraiser Board provides protection to the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals that meet specific criteria set forth in the statutes and regulations are eligible to receive a real estate appraiser trainee license, licensed residential real estate appraiser license, certified residential real estate appraiser license, and certified general real estate appraiser license. The board is also tasked with ensuring that its regulants meet standards of practice that are set forth in the regulations. No comments or complaints were received during the public comment period. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent evaluation occurred in 2011. The board discussed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

REAL ESTATE BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Real Estate Board conducted a small business impact review of 18VAC135-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Real Estate Board is publishing its report of findings dated March 1, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 2.2-4007.02 of the Code of Virginia mandates the board to solicit the input of interested parties in the formation and development of its regulations. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare by establishing Public Participation Guidelines that promote public involvement in the development, amendment, or repeal of an agency's regulation. By soliciting the input of interested parties, the board is better equipped to ensure that individuals licensed as real estate salespersons and brokers have met minimum competencies. Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent periodic review of the regulation occurred in 2008 that resulted in the repeal of 18VAC135-10, the existing Public Participation Guidelines at that time, and adoption of 18VAC135-11, model Public Participation Guidelines. The board discussed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Real Estate Board conducted a small business impact review of 18VAC135-20, Virginia Real Estate Board Licensing Regulations, and determined that this regulation should be retained in its current form. The Real Estate Board is publishing its report of findings dated March 7, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 54.1-201.5 of the Code of Virginia mandates the Real Estate Board to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The Real Estate Board provides protection to the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals who meet specific criteria set forth in the statutes and regulations are eligible to receive a real estate license. The board is also tasked with ensuring that its regulants meet standards of practice that are set forth in the regulations. No complaints were received during the public comment period. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent evaluation occurred in 2008. The board discussed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Real Estate Board conducted a small business impact review of 18VAC135-50, Fair Housing Regulations, and determined that this regulation should be retained in its current form. The Real Estate Board is publishing its report of findings dated March 6, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 54.1-201.5 of the Code of Virginia mandates the Real Estate Board to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The Real Estate Board and the Fair Housing Board provide protection to the safety and welfare of the citizens of the Commonwealth by ensuring enforcement of the Fair Housing Law. The boards are also tasked with ensuring that their regulants meet standards of practice that are set forth in the regulations. No comments or complaints were received during the public comment period. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent evaluation occurred in 2009. As a result of this evaluation, the board filed a Notice of Intended Regulatory Action and the proposed regulations are under review in the Governor's office. The board discussed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

STATE BOARD OF SOCIAL SERVICES

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Board of Social Services conducted a small business impact review of 22VAC40-470, Exemptions Applicable to Public Assistance Programs, and determined that this regulation should be retained in its current form. The State Board of Social Services is publishing its report of findings dated December 14, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

There is no impact on small businesses. Small businesses may benefit from this regulation as the disposable income of the individual receiving these payments will be increased, giving the individual more money to spend in the local economy. There were no comments received during the comment period. The regulation does not duplicate or overlap other regulations promulgated by the department. The regulation was last reviewed in 2007. It provides instructions for local eligibility staff relative to income to disregard in the determination of eligibility for federally funded, need-based public assistance programs. There is no emerging technology that could alone determine if income should be counted or disregarded; the eligibility worker must enter the correct coding so the system will know if the income will be disregarded. Because the federal statute has not been repealed, this regulation should not be amended or repealed.

Contact Information: Karin Clark, Agency Policy Advisor, Department of Social Services, 801 East Main Street, Room 1507, Richmond, VA 23219, telephone (804) 726-7017, or email karin.clark@dss.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Board of Social Services conducted a small business impact review of 22VAC40-685, Virginia Energy Assistance Program - Home Energy Assistance Program, and determined that this regulation should be retained in its current form. The State Board of Social Services is publishing its report of findings dated December 14, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

The regulation grants authority to the department to receive and disburse Home Energy Assistance Program (HEAP) funds. Since the inception of the fund, total contributions including interest is just over $350,000. These funds are used to supplement the Low-Income Home Energy Assistance Program (LIHEAP) federal funding used to administer the Energy Assistance Program (EAP). In addition, HEAP funds are used to leverage additional federal funds. The regulation makes additional revenue available to over 700 vendors; as such, the impact of this regulation on small businesses is positive. The regulation is not complex and does not overlap, duplicate, or conflict with other federal or state laws or regulations. The regulation was last evaluated in 2007. In 2009, the regulation was amended in response to action taken by the General Assembly to change the time frame for reporting to the General Assembly on the overall effectiveness of energy assistance programs in the Commonwealth from an annual to biennial reporting cycle. Business entities that provide EAP goods and services are eligible to participate in the EAP. Payments to vendors are determined by their respective products, self designated service areas, and customer selection. Since the last review of this regulation, enhancements in technology have provided a more streamlined automated payment process for participating vendors. There is no need to amend or repeal the regulation to minimize the impact on small businesses.

VIRGINIA WASTE MANAGEMENT BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Waste Management Board conducted a small business impact review of 9VAC20-20, Schedule of Fees for Hazardous Waste Facility Site Certification, and determined that this regulation should be retained in its current form. The Virginia Waste Management Board is publishing its report of findings dated February 6, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

This regulation does not overlap, duplicate, or conflict with any state law or other state regulation. This regulation is part of a set of four related regulations mandated by Virginia statutes that establish a procedure for siting of hazardous waste management facilities including certification of the site, investigation of the site, resolution of issues between the applicant and the host community, and funding the process. This regulation was last reviewed in 2005. This regulation continues to provide the most efficient and cost-effective means to protect human health and the environment.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Waste Management Board conducted a small business impact review of 9VAC20-30, Technical Assistance Fund Administrative Procedures, and determined that this regulation should be retained in its current form. The Virginia Waste Management Board is publishing its report of findings dated February 6, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Waste Management Board conducted a small business impact review of 9VAC20-40, Administrative Procedures for Hazardous Waste Facility Site Certification, and determined that this regulation should be retained in its current form. The Virginia Waste Management Board is publishing its report of findings dated February 6, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

This regulation continues to be needed. It provides regulated entities with the most cost-effective means of fulfilling ongoing state and federal requirements that protect human health and the environment. The regulation's level of complexity is appropriate to ensure that the regulated entities are able to meet their legal mandates as efficiently and cost effectively as possible. This regulation does not overlap, duplicate, or conflict with any state law or other state regulation. It amplifies and supplements Article 6 (§ 10.1-1433 et seq.) of Chapter 14 of Title 10.1 of the Code of Virginia. This regulation is part of a set of four related regulations mandated by Virginia statutes that establish a procedure for siting of hazardous waste management facilities including certification of the site, investigation of the site, resolution of issues between the applicant and the host community, and funding the process This regulation was last reviewed in 2005. This regulation continues to provide the most efficient and cost-effective means to protect human health and the environment.

The board, through examination of the regulation and relevant public comments, has determined that the regulatory requirements currently minimize the economic impact of these regulations on small businesses and thereby minimize the impact on existing and potential Virginia employers and their ability to maintain and increase the number of jobs in the Commonwealth.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Waste Management Board conducted a small business impact review of 9VAC20-50, Hazardous Waste Facility Siting Criteria, and determined that this regulation should be retained in its current form. The Virginia Waste Management Board is publishing its report of findings dated February 6, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

This regulation continues to be needed. It provides regulated entities with the most cost-effective means of fulfilling ongoing state and federal requirements that protect human health and the environment. The regulation's level of complexity is appropriate to ensure that the regulated entities are able to meet their legal mandates as efficiently and cost effectively as possible. This regulation does not overlap, duplicate, or conflict with any state law or other state regulation. This regulation is part of a set of four related regulations mandated by Virginia statutes that establish a procedure for siting of hazardous waste management facilities including certification of the site, investigation of the site, resolution of issues between the applicant and the host community, and funding the process. This regulation was last reviewed in 2005. This regulation continues to provide the most efficient and cost-effective means to protect human health and the environment.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Waste Management Board conducted a small business impact review of 9VAC20-190, Litter Receptacle Regulations, and determined that this regulation should be retained in its current form. The Virginia Waste Management Board is publishing its report of findings dated April 2, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

This regulation continues to be needed. It provides sources with the most cost-effective means of fulfilling ongoing state requirements that protect human health and the environment. No complaints or comments were received from the public during the comment period. The regulation's level of complexity is appropriate to ensure that the regulated entities are able to meet their legal mandates as efficiently and cost effectively as possible. This regulation does not overlap, duplicate, or conflict with any state law or other state regulation. This regulation was last reviewed in 2006. Technology, economic conditions, and other factors have not changed in ways that would make this regulation less efficient and cost effective in terms of protecting human health and the environment or meeting legal mandates.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Waste Management Board conducted a small business impact review of 9VAC20-200, Mercury Switch Regulations, and determined that this regulation should be retained in its current form. The Virginia Waste Management Board is publishing its report of findings dated April 2, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

This regulation continues to be needed. It provides sources with the most cost-effective means of fulfilling ongoing state requirements that protect human health and the environment. No complaints or comments were received from the public during the comment period. The regulation's level of complexity is appropriate to ensure that the regulated entities are able to meet their legal mandates as efficiently and cost effectively as possible. This regulation does not overlap, duplicate, or conflict with any state law or other state regulation. This regulation became effective in 2007 after the final regulation was adopted by the board on January 8, 2007. This regulation continues to provide the most efficient and cost-effective means to protect human health and the environment.

BOARD FOR WASTE MANAGEMENT FACILITY OPERATORS

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Waste Management Facility Operators conducted a small business impact review of 18VAC155-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board for Waste Management Facility Operators is publishing its report of findings dated January 11, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 2.2-4007.02 of the Code of Virginia mandates the board to solicit the input of interested parties in the formation and development of its regulations. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare by establishing Public Participation Guidelines that promote public involvement in the development, amendment, or repeal of an agency's regulation. By soliciting the input of interested parties, the board is better equipped to ensure individuals licensed as waterworks operators, waste waterworks operators, onsite soil evaluators, onsite sewage system installers, or onsite sewage system installers in Virginia have met minimum competencies. Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent periodic review of the regulation occurred in 2008 that resulted in the repeal of 18VAC155-10, the existing Public Participation Guidelines at that time, and adoption of 18VAC155-11, model Public Participation Guidelines. The board discussed and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Waste Management Facility Operators conducted a small business impact review of 18VAC155-20, Waste Management Facility Operators Regulations, and determined that this regulation should be retained in its current form. The Board for Waste Management Facility Operators is publishing its report of findings dated November 21, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 54.1-2211 of the Code of Virginia mandates the board to promulgate regulations and standards for the training and licensing of waste management facility operators. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare and ensure that individuals licensed as waste management facility operators in Virginia have met minimum competencies. Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent periodic review of the regulation occurred in 2010 that resulted in no change to the regulation. In addition, fast-track amendments became effective April 1, 2011, which included the removal of language referencing the bad check and examination fees as well as correcting two citations. The fees are still required, but established by § 2.2-614.1 C of the Code of Virginia and in compliance with the Virginia Public Procurement Act, § 2.2-4300 et seq. of the Code of Virginia. The board discussed and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in their current form.

STATE WATER CONTROL BOARD

Proposed Consent Order for Mr. David LeSeur

An enforcement action has been proposed for Mr. David LeSeur for violations in Buckingham County. A proposed consent order describes a settlement to resolve unpermitted discharge of fill material to a wetland. A description of the proposed action is available at the Department of Environmental Quality (DEQ) office named below or online at www.deq.virginia.gov. Robert Steele will accept comments by email at robert.steele@deq.virginia.gov, FAX at (540) 562-6725, or postal mail at Department of Environmental Quality, 3019 Peters Creek Road, Roanoke, VA 24019, from May 22, 2012, to June 21, 2012.

BOARD FOR WATERWORKS AND WASTEWATER WORKS OPERATORS AND ONSITE SEWAGE SYSTEM PROFESSIONALS

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals conducted a small business impact review of 18VAC160-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Virginia Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals is publishing its report of findings dated January 11, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Section 2.2-4007.02 of the Code of Virginia mandates the board to solicit the input of interested parties in the formation and development of its regulations. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare by establishing Public Participation Guidelines that promote public involvement in the development, amendment, or repeal of an agency's regulation. By soliciting the input of interested parties, the board is better equipped to ensure individuals licensed as waterworks operators, wastewater works operators, onsite soil evaluators, onsite sewage system installers, and onsite sewage system operators in Virginia have met minimum competencies. Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent periodic review of the regulation occurred in 2008 that resulted in the repeal of 18VAC160-10, the existing Public Participation Guidelines at that time, and adoption of 18VAC160-11, model Public Participation Guidelines. The board discussed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals conducted a small business impact review of 18VAC160-20, Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals Regulations, and determined that this regulation should be retained in its current form. The Virginia Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals is publishing its report of findings dated January 11, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

The continued need for the regulation is established in §§ 54.1-201 and 54.1-2301 of the Code of Virginia. The regulation is necessary to protect the health, safety, and welfare of the public and to ensure that individuals licensed as waterworks operators, wastewater works operators, onsite soil evaluators, onsite sewage system installers, and onsite sewage system operators have met minimum competencies. No comments or complaints were received during the public comment period. Consequently, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent evaluation of the regulation resulted in amendments, effective January 1, 2010, that (i) reduced redundancy in the regulation, (ii) clarified language regarding license entry and renewal requirements, (iii) initiated continuing professional education requirements for wastewater works operators, and (iv) repealed the restricted Class 6 waterworks operator license. Currently, fast-track amendments are pending executive branch review. The proposed amendments modify the definitions of "direct supervisor" and "direct supervision;" the experience requirements for licensure as an onsite sewage system installer; and documentary evidence required to satisfy onsite sewage system installer entry experience requirements. The board discussed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219; Telephone: Voice (804) 786-3591; FAX (804) 692-0625; Email: varegs@dls.virginia.gov.

Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at http://www.virginia.gov/cmsportal3/cgi-bin/calendar.cgi .

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/cumultab.htm.

Filing Material for Publication in the Virginia Register of Regulations: Agencies use the Regulation Information System (RIS) to file regulations and related items for publication in the Virginia Register of Regulations. The Registrar's office works closely with the Department of Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent regulatory information.

GENERAL NOTICESVol. 28 Iss. 19 - May 21, 2012

GENERAL NOTICES
Vol. 28 Iss. 19 - May 21, 2012