Regulatory Alert
A Convenient Guide to Regulatory
Activity in the Commonwealth
May, 2005
The Regulatory
Alert is 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 website maintained
by the Department of Planning and Budget. It is hoped that the Legislative
Record will assist all members as they monitor the development,
modification and repeal of administrative rules in the Commonwealth.
Access the
Virginia Register of Regulations online at http://legis.state.va.us/codecomm/register/issfiles.htm
or contact epalen@leg.state.va.us
or the Code Commission staff at (804) 786-3591 for further information.
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Proposed Regulations
Open to Public Comment:
TITLE 4. CONSERVATIVE
AND NATURAL RESOURCES
BOARD OF GAME AND
INLAND FISHERIES
| REGISTRAR'S
NOTICE: The Board of Game and Inland Fisheries is exempt from
the Administrative Process Act pursuant to subdivision A 3 of §
2.2-4002 of the Code of Virginia when promulgating regulations regarding
the management of wildlife. The department is required by § 2.2-4031
of the Code of Virginia to publish all proposed and final wildlife
management regulations, including length of seasons and bag limits
allowed on the wildlife resources within the Commonwealth of Virginia. |
4 VAC 15-40. Game:
In General (amending 4 VAC 15-40-20; adding 4 VAC 15-40-21).
The proposed
amendments (i) legalize the use of a crossbow by any person in all hunting
seasons in which archery equipment may be used; (ii) establish a special
crossbow license for persons using a crossbow during the special archery
hunting seasons, to be required in addition to the basic hunting license;
and (iii) establish the fees for such special crossbow license at $12
for a resident of Virginia and $25 for a nonresident plus a $.50 issuance
fee.
A public hearing
will be held on June 23, 2005, at 9 a.m. at the Department of Inland Fisheries,
Richmond, Virginia.
Written public
comment is being accepted by the Department of Game and Inland Fisheries
and may be submitted until June 23, 2005.
For additional Information
contact: Phil Smith, Policy Analyst and Regulatory Coordinator, Department
of Game and Inland Fisheries, (804) 367-1000, or e-mail regcomments@dgif.state.va.us.
BOARD OF GAME
AND INLAND FISHERIES
| REGISTRAR'S
NOTICE: The Board of Game and Inland Fisheries is exempt from
the Administrative Process Act pursuant to § 29.1-701 E of the
Code of Virginia, which provides that proposal and adoption of regulations
implementing Chapter 7 of Title 29.1 shall take place as described
in Article 1 (§ 29.1-500 et seq.) of Chapter 5 of Title 29.1
of the Code of Virginia. The department is required by § 2.2-4031
of the Code of Virginia to publish all proposed and final regulations. |
4 VAC 15-380.
Watercraft: Motorboat Numbering (readopting 4 VAC 15-380-120).
The proposed
action changes the statutory authority for the establishing of watercraft
registration fees, adding § 29.1-701.1 of the Code of Virginia
to that authority, and removing Item 392 of the 2002 Appropriation Act
from it, but does not change the language of the regulation section
establishing the fees.
A public hearing
will be held on June 23, 2005, at 9 a.m. at the Department of Inland Fisheries,
Richmond, Virginia.
Written public
comment is being accepted by the Department of Game and Inland Fisheries
and may be submitted until June 23, 2005.
For additional Information
contact: Phil Smith, Policy Analyst and Regulatory Coordinator, Department
of Game and Inland Fisheries, (804) 367-1000, or e-mail regcomments@dgif.state.va.us.
DEPARTMENT OF
CONSERVATION AND RECREATION
4 VAC 5-15. Nutrient
Management Training and Certification Regulations (amending 4 VAC 5-15-10,
4 VAC 5-15-40, 4 VAC 5-15-60, 4 VAC 5-15-80, 4 VAC 5-15-100, 4 VAC 5-15-110,
4 VAC 5-15-140, 4 VAC 5-15-150; repealing 4 VAC 5-15-130).
The proposed
amendments (i) modify phosphorous and nitrogen management criteria for
nutrient management plans; (ii) expand training requirements for individuals
seeking certification and individuals seeking to renew their certification
as a nutrient management planner; (iii) modify the nutrient management
plan content and procedures in areas other than phosphorous and nitrogen
management; (iv) provide additional options to satisfy the education
and experience requirements for certification or renewal of certification
as a nutrient management planner; (v) modify recordkeeping and reporting
requirements for certified nutrient management planners; (vi) expand
conditions under which certification may be denied, suspended, or revoked;
(vii) require nutrient management planners to sign all nutrient management
plans prepared by them; (viii) restrict nutrient management plans for
croplands to a maximum of three years; (ix) update documents incorporated
by reference; and (x) specify the conditions under which nutrient management
plans need to be modified immediately. The proposed regulations also
add new language, modify existing language, and delete redundant language
for the sake of clarity. Other changes such as requiring NMPs for industrial
wastes containing nutrients and requiring soil analyses included in
NMPs to be conducted by DCR-approved laboratories are intended to make
the regulations consistent with current practice and with the Code of
Virginia.
Written public
comment is being accepted by the Department of Conservation and Recreation
and may be submitted until 5 p.m. on July 1, 2005.
For more information
contact: David C. Dowling, Policy, Planning, and Budget Director, Department
of Conservation and Recreation, (804) 786-2291, or e-mail regcord@dcr.virginia.gov.
TITLE 9. ENVIRONMENT
STATE WATER
CONTROL BOARD
9 VAC 25-720. Water
Quality Management Planning Regulation (amending 9 VAC 25-720-50).
The General Assembly
authorizes the State Water Control Board in § 62.1-44.15 of the Code
of Virginia to adopt regulations deemed necessary to enforce the general
water quality management program of the board. Water quality management
plans are required under § 303 (e) of the federal Clean Water Act.
The proposed
regulation amends the section of the existing water quality planning
regulation that deals with the Potomac-Shenandoah River Basin. It establishes
a standard format for the presentation of data, removes outdated and
antiquated information and requirements, and updates waste load allocations
to reflect the current waste load allocation in a discharger's Virginia
Pollution Discharge Elimination System (VPDES) permit.
Public hearings
will be held on June 6, 2005, at 2 p.m. (Harrisonburg) and June 8, 2005,
at 1:30 p.m. (Roanoke).
Written public
comment will be accepted by the Department of Environmental Quality until
July 1, 2005.
For additional information
contact: Bryant Thomas, Department of Environmental Quality, (703) 583-3843,
or e-mail bhthomas@deq.virginia.gov.
STATE WATER CONTROL
BOARD
9 VAC 25-720.
Water Quality Management Planning Regulation (amending 9 VAC 25-720-80).
The proposed
regulation amends the section of the existing water quality planning
regulation that deals with the Roanoke River Basin. It establishes a
standard format for the presentation of data, removes outdated and antiquated
information and requirements, and updates waste load allocations to
reflect the current waste load allocation in a discharger's Virginia
Pollution Discharge Elimination System (VPDES) permit.
Public hearings
will be held on June 6, 2005, at 2 p.m. (Harrisonburg) and June 8, 2005,
at 1:30 p.m. (Roanoke).
Written public
comment will be accepted by the Department of Environmental Quality until
July 1, 2005.
For more information
contact: Jason R. Hill, Department of Environmental Quality, (540) 562-6724,
or e-mail jrhill@deq.virginia.gov.
STATE WATER CONTROL
BOARD
9 VAC 25-720.
Water Quality Management Planning Regulation (amending 9 VAC 25-720-90).
The proposed
regulation amends the section of the existing water quality planning
regulation that deals with the Tennessee-Big Sandy River Basin. It establishes
a standard format for the presentation of data, removes outdated and
antiquated information and requirements, and updates waste load allocations
to reflect the current waste load allocation in a discharger's Virginia
Pollution Discharge Elimination System (VPDES) permit.
Public hearings
will be held on June 6, 2005, at 2 p.m. (Harrisonburg) and June 8, 2005,
at 1:30 p.m. (Roanoke).
Written public
comment will be accepted by the Department of Environmental Quality until
July 1, 2005.
For additional information
contact: Nancy T. Norton, Department of Environmental Quality, (276) 676-4807,
or e-mail ntnorton@deq.virginia.gov.
STATE WATER CONTROL
BOARD
9 VAC 25-720.
Water Quality Management Planning Regulation (amending 9 VAC 25-720-130).
The proposed
regulation amends the section of the existing water quality planning
regulation that deals with the New River Basin. It establishes a standard
format for the presentation of data, removes outdated and antiquated
information and requirements, and updates waste load allocations to
reflect the current waste load allocation in a discharger's Virginia
Pollution Discharge Elimination System (VPDES) permit.
Public hearings
will be held on June 6, 2005, at 2 p.m. (Harrisonburg) and June 8, 2005,
at 1:30 p.m. (Roanoke).
Written public
comment will be accepted by the Department of Environmental Quality until
July 1, 2005.
For more information
contact: Jason R. Hill, Department of Environmental Quality, (540) 562-6724,
or e-mail jrhill@deq.virginia.gov.
STATE WATER CONTROL
BOARD
| REGISTRAR'S
NOTICE: The following regulation filed by the State Water Control
Board is exempt from the Administrative Process Act in accordance
with § 2.2-4006 A 9 of the Code of Virginia, which exempts general
permits issued by the State Water Control Board pursuant to the State
Water Control Law (§ 62.1-44.2 et seq.), Chapter 24 (§ 62.1-242
et seq.) of Title 62.1 and Chapter 25 (§ 62.1-254 et seq.) of
Title 62.1 of the Code of Virginia if the board (i) provides a Notice
of Intended Regulatory Action in conformance with the provisions of
§ 2.2-4007 B, (ii) following the passage of 30 days from the
publication of the Notice of Intended Regulatory Action forms a technical
advisory committee composed of relevant stakeholders, including potentially
affected citizens groups, to assist in the development of the general
permit, (iii) provides notice and receives oral and written comment
as provided in § 2.2-4007 F, and (iv) conducts at least one public
hearing on the proposed general permit. |
9 VAC 25-110. Virginia Pollutant Discharge Elimination System (VPDES)
General Permit for Domestic Sewage Discharges of Less Than or Equal to
1,000 Gallons Per Day (amending 9 VAC 25-110-10, 9 VAC 25-110-20, 9 VAC
25-110-60, 9 VAC 25-110-70, and 9 VAC 25-110-80).
The proposed
amendments reissue the existing general VPDES permit for domestic sewage
discharges of less than or equal to 1,000 gallons per day that will
expire on August 1, 2006. The permit sets forth guidelines for the permitting
of discharges of treated wastewater from small volume sources of domestic
sewage. These plants are typically installed at individual homes, duplexes,
churches, gas stations, etc., when central sewer is not available and
the soil conditions prohibit the use of onsite disposal methods such
as septic tanks and drainfields. The significant revisions to the regulation
are as follows:
The effluent
limitations have been revised to recognize changes in the Water Quality
Standards (9 VAC 25-260) regarding bacteria standards and disinfection
policy. Recent study results indicate that chlorine appears to be an
appropriate surrogate for E. coli when the discharge is into freshwater.
When methods other than chlorine are used and the discharge is into
freshwater, the E. coli standard applies. When the discharge is into
saltwater or a transition zone, the enterococci standard applies. For
discharges into shellfish waters, in addition to the appropriate chlorine,
E. coli or enterococci limits, the general permit will continue to limit
fecal coliform because the Virginia Department of Health, Bureau of
Shellfish Sanitation, still uses fecal coliform as an indicator for
determining the quality of shellfish waters.
The submittal
of a copy of the maintenance contract along with the registration statement
is no longer required for existing facilities. However, the name of
the contract provider and the expiration date of the current contract
must be provided.
The submittal
of an operation and maintenance plan for existing facilities will not
be required if the operation and maintenance plan has been approved
previously and remains current and complete. Also, installation of an
electric timer is no longer included as part of the operation and maintenance
plan.
Deadlines for
submitting a registration statement have been expanded to cover both
new and existing facilities.
A public hearing
will be held June 9, 2005, at 10 a.m. at the Department of Environmental
Quality, Richmond, Virginia.
Written public
comment may be submitted to the Department of Environmental Quality until
5 p.m. on July 15, 2005.
For additional information
contact: Burton Tuxford, Department of Environmental Quality, (804) 698-4086,
or e-mail brtuxford@deq.virginia.gov.
TITLE 13. HOUSING
BOARD OF HOUSING
AND COMMUNITY DEVELOPMENT
Notice of Additional
Public Comment Period
13 VAC 5-21. Virginia
Certification Standards (amending 13 VAC 5-21-10 through 13 VAC 5-21-70;
adding 13 VAC 5-21-45).
13 VAC 5-31. Virginia
Amusement Device Regulations (amending 13 VAC 5-31-20, 13 VAC 5-31-40
and 13 VAC 5-31-50).
13 VAC 5-51. Virginia
Statewide Fire Prevention Code (amending 13 VAC 5-51-21, 13 VAC 5-51-31,
13 VAC 5-51-130 and 13 VAC 5-51-135; repealing 13 VAC 5-51-136 and 13
VAC 5-51-155).
13 VAC 5-62. Virginia
Uniform Statewide Building Code (USBC) (repealing 13 VAC 5-62-10 through
13 VAC 5-62-480).
13 VAC 5-63. Virginia
Uniform Statewide Building Code (USBC) (adding 13 VAC 5-63-10 through
13 VAC 5-63-540).
13 VAC 5-91. Virginia
Industrialized Building Safety Regulations (amending 13 VAC 5-91-10, 13
VAC 5-91-20, 13 VAC 5-91-40, 13 VAC 5-91-50, 13 VAC 5-91-70, 13 VAC 5-91-80,
13 VAC 5-91-90, 13 VAC 5-91-110 through 13 VAC 5-91-220, and 13 VAC 5-91-245
through 13 VAC 5-91-270).
The Board of Housing
and Community Development noticed a public comment period on the above-referenced
proposed regulations in the February 7, 2005, issue of the Virginia Register
of Regulations (21:11 VA.R. 1280-1348 February 7, 2005). The board seeks
written comments from interested persons on code change proposals received
in response to the proposed regulations.
The board has developed
a compilation document containing all proposed changes and supporting
documentation received during the comment period on the proposed regulations
that ended April 11, 2005. The compilation document is available on the
Department of Housing and Community Development's website (http://www.dhcd.virginia.gov)
and on other selected websites.
Public comments on
the code change proposals may be submitted through June 2, 2005, to Steve
Calhoun, Regulatory Coordinator, Department of Housing and Community Development,
501 N. 2nd St., Richmond, VA 23219, telephone (804)371-7015, FAX (804)371-7090,
or e-mail steve.calhoun@dhcd.virginia.gov.
For additional information
or assistance in obtaining the compilation document, contact the department's
Division of Building and Fire Regulation at (804) 371-7150.
TITLE 15. JUDICIAL
VIRGINIA STATE
BAR
| REGISTRAR'S
NOTICE: The Virginia State Bar is exempt from the Administrative
Process Act in accordance with § 2.2-4002 A 2 of the Code of
Virginia, which exempts courts, any agency of the Supreme Court, and
any agency which by the Constitution is expressly granted any of the
powers of a court of record. |
15 VAC 5-50. Rules
of Disciplinary Procedures for Virginia State Bar Staff and District Committees
(repealing 15 VAC 5-50-10 through 15 VAC 5-50-210).
This regulation
was superseded by the adoption of revised Paragraph 13, § IV
of Part 6 of the Rules of the Virginia Supreme Court by order dated
September 18, 2002; therefore, the regulation is being repealed.
For additional information
contact: Mary Yancey Spencer, Deputy Executive Director, Virginia State
Bar, (804) 775-0575, or e-mail spencer@vsb.org.
15 VAC 5-60. Disciplinary
Board Rules of Procedure (repealing 15 VAC 5-60-10 through 15 VAC 5-60-240).
This regulation was
superseded by the adoption of revised Paragraph 13, § IV of Part
6 of the Rules of the Virginia Supreme Court by order dated September
18, 2002; therefore, the regulation is being repealed.
For additional information
contact: Mary Yancey Spencer, Deputy Executive Director, Virginia State
Bar, (804) 775-0575, or e-mail spencer@vsb.org.
TITLE 22.
SOCIAL SERVICES
STATE
BOARD OF SOCIAL SERVICES
22 VAC 40-770.
Standards and Regulations for Agency Approved Providers (REPEAL) (WITHDRAWN).
22 VAC 40-771.
Local Department Approved Provider Standards (WITHDRAWN).
The State Board of
Social Services has WITHDRAWN the proposed repeal of 22 VAC 40-770, Standards
and Regulations for Agency Approved Providers, and adoption of 22 VAC
40-771, Local Department Approved Provider Standards, that were published
in 20:24 VA.R. 2872-2891, August 9, 2004.
For additional information
contact: L. Richard Martin, Jr., Policy and Planning Manager, Department
of Social Services, Office of Legislative and Regulatory Affairs, (804)
726-7902, toll-free (800) 828-1120/TTY, or e-mail richard.martin@dss.virginia.gov.
TITLE 24. TRANSPORTATION AND
MOTOR VEHICLES
COMMONWEALTH TRANSPORTATION
BOARD
24 VAC 30-121.
Comprehensive Roadside Management Program (adding 24 VAC 30-121-10 through
24 VAC 30-121-40).
The proposed
regulation sets forth the requirements applicable to all individuals
or community groups that wish to work through local governments to landscape
portions of highway rights-of-way. This regulation includes procedures
for approval and criteria used to evaluate each proposal, and is intended
to serve as a reference resource for parties involved in the planning,
design, development, and maintenance of corridors and gateways into
localities.
A public hearing
will be held May 27, 2005, at 9 a.m. Department of Transportation, Richmond,
Virginia.
Written public
comment is being accepted by the Department of Transportation until July
15, 2005.
For more information
contact: Jacob Porter, Roadside Operations Program Manager, Department
of Transportation, Asset Management Division, (804) 786-7218, or e-mail
jacob.porter@vdot.virginia.gov.
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