Regulatory Alert

A Convenient Guide to Regulatory Activity in the Commonwealth

July, 2003

The Regulatory Alert is a new feature in the Legislative Record intended to assist General Assembly members as they keep up with the myriad regulations being proposed by agencies in the Commonwealth. The goal of this project is to provide a timely, simple, and accurate summary of the rules that are being proposed by agencies, boards, and commissions. Highlighting regulations when they are published as “proposed regulations” gives General Assembly members notice that the critical public participation phase of the rulemaking process is well underway—it is during the public participation process that the questions of an Assembly member or constituent may be most effectively communicated to the agency and examined by the individuals crafting the regulatory proposal.

The Regulatory Alert is not intended to be a substitute for the comprehensive information on agency rulemaking activity that is currently published biweekly in the Virginia Register of Regulations or the notification services offered by the Regulatory Town Hall Web site maintained by the Department of Planning and Budget. This addition to the Legislative Record is designed to assist all members as they monitor the development, modification, and repeal of administrative rules in the Commonwealth.

Access the Virginia Register of Regulations on-line at or contact or the Code Commission staff at (804) 786-3591 for further information.

Proposed Regulations Open to Public Comment


State Air Pollution Control Board (19:20 VA.R. 3139-3191)
General Provisions (Rev. G02 and C03) (amending 9 VAC 5-20-206).
Existing Stationary Sources (amending 9 VAC 5-40-300; 9 VAC 5-40-310, 9 VAC 5-40-5200, and 9 VAC 5-40-5220).
General Provisions (amending 9 VAC 5-20-21).
Existing Stationary Sources (amending 9 VAC 5-40-3260; adding 9 VAC 5-40-5700 through 9 VAC 5-40-5770, and 9 VAC 5-40-6820 through 9 VAC 5-40-7230).
Regulation for Emissions Trading (Rev. H02) (amending 9 VAC 5-140-550).

The proposed amendments remove the exemptions for sources in James City County, York County, Poquoson City, and Williamsburg City to render those sources subject to the volatile organic compounds (VOC) standards for existing sources, as is the case in the other jurisdictions within the Hampton Roads Emissions VOC Control Area. Further, the proposed amendments establish new emission standards and requirements for portable fuel containers, mobile equipment repair and refinishing operations, and architectural and industrial maintenance coatings and make more stringent emission standards for solvent metal cleaning operations. These amendments apply only to sources in the Northern Virginia VOC emissions control area designated in 9 VAC 5-20-206. The proposed regulatory action also amends the documents incorporated by reference to take into account the new standards being proposed and moves up by one year, to 2005, the flow control date established in the banking provisions.

Written public comment is being accepted by DEQ through September 12, 2003. A public hearing on the proposed regulations will be held in Richmond on August 26, 2003.


Virginia Housing Development Authority (19:21 VA.R. 3040-3055)

The Virginia Housing Development Authority is exempt from the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) pursuant to § 2.2-4002 A 4; however, under the provisions of § 2.2-4031, it is required to publish all proposed and final regulations.

Rules and Regulations — General Provisions for Programs of the Virginia Housing Development Authority (amending 13 VAC 10-10-10 and 13 VAC 10-10-20).
Rules and Regulations for Single Family Mortgage Loans to Persons and Families of Low and Moderate Income (amending 13 VAC 10-40-10, 13 VAC 10-40-30 through 13 VAC 10-40-70, 13 VAC 10-40-90, 13 VAC 10-40-100, 13 VAC 10-40-120, 13 VAC 10-40-130, 13 VAC 10-40-140, 13 VAC 10-40-160, 13 VAC 10-40-170, and 13 VAC 10-40-190 through 13 VAC 10-40-230).

The proposed amendments were originally published in 18:7 VA.R. 977-979 December 17, 2001, and are being republished for the purpose of receiving public comment. The proposed amendments (i) provide that one person or multiple persons are eligible to be a borrower or borrowers of a single family loan if such person or all such persons satisfy the criteria and requirements in such rules and regulations and (ii) delete the requirement that multiple borrowers be related by blood, marriage or adoption or by legal custodial relationship.

Written public comment is being accepted by VHDA through July 24, 2003. A public hearing on the proposed regulations will be held on July 24, 2003, at 3:00 p.m.


Department of Labor and Industry (19:22 VA.R. 3191-3194)
Safety and Health Codes Board
Safety Standards for Fall Protection in Steel Erection, Construction Industry (adding 16 VAC 25-145-10 through 16 VAC 25-145-50).

The proposed regulation requires steel erection employers to provide protection for certain steel erection workers from falls at or above 10 feet.

Written public comment is being accepted by the Department of Labor and Industry through September 12, 2003. A public hearing on the proposed regulation will be held on
August 12, 2003 in Richmond.


State Board of Social Services (19:22 VA.R. 3194-3214)
Regulation for Criminal Record Checks for Child Welfare Agencies (repealing 22 VAC 40-190-10 through 22 VAC 40-190-70).
Background Checks for Child Welfare Agencies (adding 22 VAC 40-191-10 through 22 VAC 40-191-150).

Pursuant to changes in the Code of Virginia, the proposed regulations (i) exempt certain persons working, volunteering at child welfare agencies, or operating one, from background check requirements; (ii) require child protection services central registry check as a part of the background check process; (iii) expand the list of barrier crimes for employment; and (iv) change the time frame to receive background checks from 21 days to 30 days. In addition to these, the proposed nonstatutory changes include (v) requiring repeat background checks every three years, (vi) establishing limited background check requirements for those teenagers living in family day homes, (vii) allowing child welfare agencies to accept background checks dated less than six months from when contract employees begin providing services at facilities, and (viii) allowing persons to take background check findings with them and use them for another application within 90 days.

Written public comment is being accepted by DDS through September 12, 2003.



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