Regulatory Alert
A Convenient Guide to Regulatory
Activity in the Commonwealth
August, 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 6. CRIMINAL
JUSTICE AND CORRECTIONS
CRIMINAL
JUSTICE SERVICES BOARD
6 VAC 20-240.
Regulations Relating to School Security Officers (adding 6 VAC 20-240-10
through 6 VAC 20-240-120).
A public hearing
will be held September 8, 2005, at 9 a.m., Center for School Safety, Richmond,
VA. Written public comment may be submitted until September 9, 2005.
The proposed
regulation requires all school security officers to be certified and
establishes minimum requirements for certification and recertification.
The proposed regulation also requires instructors providing school security
officer training to be approved by the department. It establishes minimum
requirements for obtaining and renewing approval as a school security
officer training instructor.
For additional information
contact: Donna Bowman, Manager, Center for School Safety, Department of
Criminal Justice Services, (804)371-6506, or e-mail donna.bowman@dcjs.virginia.gov.
TITLE 9. ENVIRONMENT
STATE AIR
POLLUTION CONTROL BOARD
9
VAC 5-50. New and Modified Stationary Sources (amending 9 VAC 5-50-250,
9 VAC 5-50-270, 9 VAC 5-50-280).
9
VAC 5-80. Permits for Stationary Sources (amending 9 VAC 5-80-1100, 9
VAC 5-80-1110, 9 VAC 5-80-2000 through 9 VAC 5-80-2020, 9 VAC 5-80-2040
through 9 VAC 5-80-2070, 9 VAC 5-80-2090, 9 VAC 5-80-2110, 9 VAC 5-80-2120,
9 VAC 5-80-2140, 9 VAC 5-80-2180, 9 VAC 5-80-2210 through 9 VAC 5-80-2240;
adding 9 VAC 5-80-1605 through 9 VAC 5-80-1865, 9 VAC 5-80-1925 through
9 VAC 5-80-1995, 9 VAC 5-80-2091, 9 VAC 5-80-2141 through 9 VAC 5-80-2144;
repealing 9 VAC 5-80-1310, 9 VAC 5-80-1700 through 9 VAC 5-80-1970).
A public
hearing was held August 17, 2005, at 4 p.m., Department of Environmental
Quality, Richmond, VA. Written public comment will be accepted until 5
p.m. on September 12, 2005.
Article 8 (9
VAC 5-80-1605 et seq.) of 9 VAC 5 Chapter 80 establishes a new source
review (NSR) permit program whereby owners of sources locating in prevention
of significant deterioration (PSD) areas are required to obtain a permit
prior to construction of a new facility or modification (physical change
or change in the method of operation) of an existing one. Article 9
(9 VAC 5-80-2000 et seq.) of 9 VAC 5 Chapter 80 establishes an NSR permit
program whereby owners of sources locating in
nonattainment areas are required to obtain a permit prior to construction
of a new facility or modification of an existing one.
Articles 8 and
9 apply to the construction or reconstruction of new major stationary
sources or major modifications to existing ones. The owner must obtain
a permit from the board prior to the construction or modification of
the source. The owner of the proposed new or modified source must provide
information as may be needed to enable the board to conduct a preconstruction
review in order to determine compliance with applicable control technology
and other standards, and to assess the impact of the emissions from
the facility on air quality. The regulation also provides the basis
for the board's final action (approval or disapproval) on the permit
depending on the results of the preconstruction review.
Article 8 requires
a facility to use the best available control technology (BACT) to control
emissions from the proposed facility and requires a facility to control
emissions from the proposed facility such that the air quality standards
or increments are not violated. Article 9 requires a facility to use
the lowest achievable emission rate (LAER) as the limit to control emissions
from the proposed facility and requires the facility to obtain emission
reductions from existing sources to offset the proposed project's emissions
increases.
EPA's new major
NSR reform rule incorporates five main elements: (i) changes to the
method for determining baseline actual emissions; (ii) changes to the
method for determining emissions increases due to operational change;
(iii) provisions to exclude pollution control projects (PCPs) from NSR;
(iv) provisions for determining applicability of NSR requirements for
units designated as Clean Units; and (v) provisions to allow for compliance
with plantwide applicability limits (PALs). The current state NSR regulations
have been amended in order to meet these new requirements; additionally,
the minor NSR regulation in Article 6 (9 VAC 5-80-1100 et seq.) of 9
VAC 5 Chapter 80 has been revised to remove provisions for PCPs that
will be covered by the changes to the major NSR regulations.
In addition,
Article 8 has been revised in order to be consistent with other NSR
regulations. This consists of (i) removing federal enforceability of
certain provisions that should be enforceable by the state (toxics and
odor) in order to prevent state-only terms and conditions from being
designated as federally enforceable in a permit; (ii) deleting provisions
covered elsewhere regarding circumvention and reactivation and permanent
shutdown; and (iii) adding provisions regarding changes to permits,
administrative permit amendments, minor permit amendments, significant
amendment procedures, and reopening for cause. Finally, Article 4 (9
VAC 5-50-240 et seq.) of 9 VAC 5 Chapter 50, which contains general
requirements for new and modified stationary sources, has been revised
to be consistent with the control technology provisions of Articles
8 and 9.
For additional information
contact: Karen G. Sabasteanski, Department of Environmental Quality, (804)698-4426,
or e-mail kgsabastea@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 25-115. General Virginia Pollutant Discharge Elimination System (VPDES)
Permit for Seafood Processing Facilities (amending 9 VAC 25-115-10 through
9 VAC
25-115-50).
A public
hearing was held on August 30, 2005, at 10 a.m., Department of Environmental
Quality, Richmond, VA. Written public comment will be accepted until September
23, 2005.
The State Water
Control Board propose to amend the VPDES Permit for Seafood Processing
Facilities in order to reissue the general permit for another five-year
term. The reissued general permit will replace current General Permit
VAG52, which will expire on July 24, 2006.
The existing
regulation sets forth guidelines for the permitting of wastewater discharges
from seafood processors and establishes limitations and monitoring requirements
and minimum information requirements for all requests for coverage under
the general permit.
For
additional information contact: Michael B. Gregory, Department of Environmental
Quality, (804)698-4065, or e-mail mbgregory@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 25-193. General Virginia Pollutant Discharge Elimination System (VPDES)
Permit for Concrete Products Facilities (amending 9 VAC 25-193-10, 9 VAC
25-193-20, 9 VAC 25-193-40 through 9 VAC 25-193-70).
A public
hearing was held August 30, 2005, at 10 a.m. Department of Environmental
Quality, Richmond, VA. Written public comment may be submitted until September
23, 2005.
The proposed
amendments will modify the existing general VPDES permit for ready-mixed
concrete plants to add coverage for facilities in SIC Codes 3271 (Concrete
Block and Brick) and 3272 (Concrete Products, Except Block and Brick);
change the title of the regulation; and modify the permit Special Condition
#4 to include a list of washdown and washout items that are specific
to concrete products facilities (taken directly from EPA's 2000 Multi-Sector
Storm Water General Permit.)
For
additional information contact: Burton Tuxford, Department of Environmental
Quality (804)698-4086, or e-mail brtuxford@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 25-810. General Virginia Pollutant Discharge Elimination System (VPDES)
Permit for Coin-Operated Laundry (adding 9 VAC 25-810-10 through 9 VAC
25-810-70).
A public
hearing was held August 30, 2005, at 10 a.m., Department of Environmental
Quality, Richmond, VA. Written public comment may be submitted until September
23, 2005.
The proposed
amendments establish appropriate and necessary permitting requirements
for discharge of wastewater from coin-operated laundries. The proposed
amendments set forth standard language for effluent limitations and
monitoring requirements necessary to regulate this category of dischargers.
For
additional information contact: George E. Cosby, Department of Environmental
Quality, (804)698-4067, or e-mail gecosby@deq.virginia.gov.
TITLE 10. FINANCE
AND FINANCIAL INSTITUTIONS
STATE CORPORATION
COMMISSION
REGISTRAR'S
NOTICE: The State Corporation Commission 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 that by the Constitution is expressly
granted any of the powers of a court of record. |
10
VAC 5-20. Banking and Savings Institutions (adding 10 VAC 5-20-50).
A public
hearing will be scheduled upon request. Written public comment may be
submitted until July 28, 2005.
The regulation
provides for conversion of a Virginia state-chartered mutual savings
association to a stock savings association by board of director approval,
filing of an
application, plan of conversion, and amended corporate articles and
other documents with the Commissioner of Financial Institutions, together
with a $1,000 application fee. After preliminary approval is obtained,
the conversion must be approved by the association's members after due
notice. Final approval is obtained by making proof of proper member
approval, commitment for FDIC insurance, and other legal compliance.
For
additional information contact: Nicholas Kyrus, Deputy Commissioner, Bureau
of Financial Institutions, State Corporation Commission, (804)371-9657,
toll free 1-800-552-7945, or e-mail nick.kyrus@scc.virginia.gov.
TITLE 11. GAMING
VIRGINIA
RACING COMMISSION
REGISTRAR'S
NOTICE: The Virginia Racing Commission is exempt from the Administrative
Process Act pursuant to subdivision A 18 of § 2.2-4002 of the
Code of Virginia (i) when acting by and through its duly
appointed stewards or in matters related to any specific race meeting
or (ii) in promulgating technical rules regulating actual live horse
racing at race meetings licensed by the commission. |
11
VAC 10-70. Stewards (amending 11 VAC 10-70-20, 11 VAC 10-70-30, 11 VAC
10-70-40, 11 VAC 10-70-60, 11 VAC 10-70-70, 11 VAC 10-70-80, 11 VAC 10-70-90,
and 11 VAC 10-70-170; repealing 11 VAC 10-70-50).
11
VAC 10-90. Appeals to the Commission (amending 11 VAC 10-90-10, 11 VAC
10-90-30, and 11 VAC 10-90-50).
Written
public comment may be submitted until 5 p.m. on September 9, 2005.
The amendments
clarify the authority of the stewards appointed by the Virginia Racing
Commission to enforce and interpret the commission's regulations. The
definition of "participant" has been added, which provides
that certain individuals associated with a horse that is entered to
run in Virginia shall be considered as participants and come under the
jurisdiction of the commission. Additionally, the amendments provide
the authority of the commission to take disciplinary actions through
stewards or at a meeting at which a quorum is present and clarify that
such disciplinary actions must be determined by a preponderance of the
evidence. These amendments are made to conform the regulation to Chapter
700 of the 2005 Acts of Assembly.
For
additional information contact: David S. Lermond, Jr., Regulatory Coordinator,
Virginia Racing Commission, New Kent, VA 23024, (804)966-7404, or e-mail
david.lermond@vrc.virginia.gov.
TITLE 12. HEALTH
DEPARTMENT
OF MEDICAL ASSISTANCE SERVICES
12 VAC 30-80.
Methods and Standards for Establishing Payment Rates; Other Types of Care
(amending 12 VAC 30-80-40).
Written public comment
will be accepted until September 23, 2005.
The proposed
amendments modify the regulations setting out reimbursement methodology
for multiple source generic drugs to implement the revised Virginia
Maximum Allowable Cost (VMAC). The rate will be the higher of either
(i) the lowest Wholesale Acquisition Cost (WAC) plus 10% or (ii) the
second lowest WAC plus 6.0%. Criteria are established for the pricing
methodology, posting of prices, maintaining a procedure for dispute
of the DMAS prices, and expediting dispute resolution.
For additional information
contact: Katina Goodwyn, Department of Medical Assistance Services, (804)371-0428,
or e-mail katina.goodwyn@dmas.virginia.gov.
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