Regulatory Alert
A Convenient Guide to Regulatory
Activity in the Commonwealth
November and December,
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 8. EDUCATION
STATE BOARD
OF EDUCATION
8
VAC 20-131. Regulations Establishing Standards for Accrediting Public
Schools in Virginia (amending 8 VAC 20-131-10, 8 VAC 20-131-20, 8 VAC
20-131-30, 8 VAC 20-131-50 through 8 VAC 20-131-110, 8 VAC 20-131-140,
8 VAC 20-131-150, 8 VAC 20-131-170 through 8 VAC 20-131-210, 8 VAC 20-131-240,
8 VAC 20-131-260 through 8 VAC 20-131-310, 8 VAC 20-131-325, 8 VAC 20-131-330,
and 8 VAC 20-131-340; adding 8 VAC 20-131-5; and repealing 8 VAC 20-131-40,
8 VAC 20-131-160, and 8 VAC 20-131-320).
A public
hearing will be held on January 17, 2006 at 7 p.m., Department of Education,
Richmond, VA. Written public comment may be submitted until January 31,
2006.
The proposed
amendments include additional options for students to meet the requirements
for graduation; changes to the methodology for calculating accreditation
ratings; greater flexibility for transfer students; more rigorous benchmarks
for accreditation; and better defined sanctions for schools, superintendents,
and school boards if a school loses its accreditation. In consideration
of the Governor's Healthy Virginians initiative, the Governor has asked
that the Board of Education consider two additional revisions to the
proposed accrediting regulations that will help promote the health and
physical fitness of elementary and middle school students. The recommended
revisions would require all elementary and middle schools to require
students to participate in a program of physical fitness during the
regular school year in accordance with guidelines established by the
Board of Education.
For
additional information contact: Anne Wescott, Assistant Superintendent,
Policy and Communications, Department of Education, (804) 225-2403, FAX
(804) 225-2524, or e-mail anne.wescott@doe.virginia.gov.
TITLE 9. ENVIRONMENT
STATE AIR
POLLUTION CONTROL BOARD
9
VAC 5-20. General Provisions (Rev. D04) (amending 9 VAC 5-20-206).
9
VAC 5-40. Existing Stationary Sources (Rev. D04) (amending 9 VAC 5-40-300,
9 VAC 5-40-5060, 9 VAC 5-40-5200, 9 VAC 5-40-5700, 9 VAC 5-40-5720, 9
VAC 5-40-5750, 9 VAC 5-40-6970, 9 VAC 5-40-7050, 9 VAC 5-40-7120, 9 VAC
5-40-7140, 9 VAC 5-40-7210, 9 VAC 5-40-7240, 9 VAC 5-40-7250, 9 VAC 5-40-7260,
9 VAC 5-40-7270, 9 VAC 5-40-7300, 9 VAC 5-40-7330, 9 VAC 5-40-7360, 9
VAC 5-40-7800, 9 VAC 5-40-7880).
A public
hearing will be held on January 12, 2006 at 10 a.m., Department of Environmental
Quality, Richmond, Va. Written public comment may be submitted until January
30, 2006.
Currently, Chapter
40 of the Regulations for the Control and Abatement of Air Pollution
contains a number of rules used to enforce control measures designed
to attain and maintain the ozone air quality standard. The geographic
applicability of these rules is defined by establishing VOC and NOX
emissions control areas (in a list located in 9 VAC 5-20-206 of Chapter
20).
These rules
are being expanded into the new eight-hour ozone nonattainment areas.
Accordingly, 9 VAC 5-20-206 is being amended to establish new Fredericksburg
NOx and VOC Emissions Control Areas and to expand the Richmond and Hampton
Roads VOC and NOx Emissions Control Areas to include those counties
and cities in the corresponding new eight-hour ozone nonattainment areas
that were not previously listed in 9 VAC 5-20-206.
Most of these
Chapter 40 rules contain, in the applicability section, the following
statement: "The provisions of this article apply to sources of
volatile organic compounds in volatile organic compound emissions control
areas designated in 9 VAC 5-20-206." Therefore the provisions of
these rules will automatically apply within all of the new VOC emissions
control areas.
Some Chapter
40 rules (specifically, Articles 4, 36, 37 and 53) have provisions that
apply only to certain existing VOC and NOx emissions control areas.
Each of these rules are being amended individually in order to manage
the extension of applicability of these provisions to the additional
VOC and NOx emission control areas with coherence and consistency. Article
4 is being amended to ensure that VOC RACT is not required from large
VOC sources in the new areas within the expanded Richmond VOC Emissions
Control Area. Article 36 (Packaging and Publishing Rotogravure Printing,
and Flexographic Printing) is being amended to add appropriate exemptions
for small facilities in those VOC emissions control areas that currently
have no such exemptions. Article 37 (Storage or Transfer of Petroleum
Liquids) is being amended to remove applicability redundancies resulting
from this change and a previous amendment that added the Western VOC
Emissions Control Area. Article 53 (Lithographic Printing) is being
amended to apply in all VOC emissions control areas instead of just
in the Northern Virginia and Richmond VOC Emissions Control Areas. Article
53 is also being amended to provide appropriate exemptions for small
facilities in the newly applicable VOC emissions control areas.
Other Chapter
40 regulations were originally adopted to apply only within the Northern
Virginia VOC Emissions Control Area. Most of these rules will be expanded
to apply in the Richmond and Fredericksburg eight-hour ozone nonattainment
areas. Accordingly, the following Chapter 40 regulations are being amended
to apply within the Richmond and Fredericksburg VOC Emissions Control
Areas in addition to the Northern Virginia VOC Emissions Control Area:
Article 42 (Portable Fuel Containers), Article 48 (Mobile Equipment
Repair and Refinishing), Article 49 (Architectural and Industrial Maintenance
Coatings), and Article 50 (Consumer Products).
For most of
the facilities that will be subject to new or more stringent VOC emission
standards as a result of this amendment, compliance is automatically
required by 9 VAC 5-40-20 to be achieved either within 90 days or one
year after the effective date of the amendment, depending on whether
or not the source is required to make certain physical or process changes
to the facility to comply. For affected facilities that will be subject
to new or more stringent VOC emission standards under Article 53, compliance
will be required no later than one year after the effective date of
the amendment. Persons affected by the extension of the provisions of
Articles 42, 48, 49 and 50 to the Richmond and Fredericksburg VOC Emission
Control Areas must comply by January 1, 2008.
For
more information contact: Gary Graham, Department of Environmental Quality,
(804) 698-4103, FAX (804)698-4510,or e-mail gegraham@deq.virginia.gov.
STATE AIR
POLLUTION CONTROL BOARD
9
VAC 5-40. Existing Stationary Sources (amending 9 VAC 5-40-5600, 9 VAC
5-40-5610, 9 VAC 5-40-5630, 9 VAC 5-40-5631, and 9 VAC 5-40-5641).
A public
hearing will be held on January 12, 2006at- 10 a.m., Department of Environmental
Quality, Richmond, VA. Written public comment may be submitted until January
30, 2006.
The proposed
amendments provide for the control of open burning and use of special
incineration devices and specify the materials that may and may not
be burned, the conditions under which burning may occur, and the legal
responsibilities of the person conducting the burning. The proposed
amendments permit open burning or the use of special incineration devices
for disposal of clean-burning construction waste, debris waste, and
demolition waste but provides for a seasonal restriction during June,
July, and August in the Northern Virginia, Richmond, and Hampton Roads
volatile organic compound (VOC) emissions control areas. The proposed
amendments also provide a model local ordinance for cities and counties
that wish to adopt their own legally enforceable mechanisms to control
burning in lieu of relying on the state's regulatory program.
Modifications
have also been made to ensure the regulation is consistent with existing
incinerator regulations of the board and waste management regulations.
For
additional information contact: Mary L. Major, Department of Environmental
Quality, (804) 698-4423, FAX(804)698-4510,or e-mail mlmajor@deq.virginia.gov.
VIRGINIA
WASTE MANAGEMENT BOARD
9
VAC 20-85. Regulations Governing Management of Coal Combustion Byproducts
(amending 9 VAC 20-85-20, 9 VAC 20-85-30, 9 VAC 20-85-40, and 9 VAC 20-85-60
through 9 VAC 20-85-170).
A public
hearing will be held January 9, 2006 at 10 a.m., Department of Environmental
Quality, Richmond, VA. Written public comment may be submitted until January
27, 2006.
The proposed
amendments modify, add, and repeal definitions; establish procedures
for the use, reuse, and reclamation of coal combustion byproducts (CCB);
establish appropriate standards for siting, design, construction, and
operation of projects using CCB; and update the regulation to recognize
fossil fuel combustion products that will eliminate the need for a variance
petition without detrimental impact to human health or the environment.
For
additional information contact: Michael Dieter, Department of Environmental
Quality, Richmond, VA (804)698-4146,FAX (804)698-4327,or e-mail mjdieter@deq.virginia.gov.
TITLE 12. HEALTH
DEPARTMENT
OF MEDICAL ASSISTANCE SERVICES
12
VAC 30-120. Waivered Services: Home and Community-Based Services Mental
Retardation Waiver (amending 12 VAC 30-120-211, 12 VAC 30-120-213, 12
VAC 30-120-215, 12 VAC 30-120-217, 12 VAC 30-120-219, 12 VAC 30-120-221,
12 VAC 30-120-223, 12 VAC 30-120-225, 12 VAC 30-120-227, 12 VAC 30-120-229,
12 VAC 30-120-231, 12 VAC 30-120-233, 12 VAC 30-120-237, 12 VAC 30-120-241,
12 VAC 30-120-245, 12 VAC 30-120-247, 12 VAC 30-120-249; repealing 12
VAC 30-120-243).
Written
public comment may be submitted until January 27, 2006.
The Department
of Medical Assistance Services (DMAS) was directed by the 2004 Virginia
Appropriation Act to renew the Mental Retardation (MR) Waiver by submitting
a home and community-based waiver application to the Centers for Medicare
and Medicaid Services (CMS). DMAS formed an MR Waiver Advisory Committee
consisting of family members, advocates, providers and state agencies
to assist with completing the renewal state agencies to assist with
completing the renewal d criteria for prevocational services at an intensive
level.
For
more information contact: Teja Stokes, Project Manager, Department of
Medical Assistance Services, Richmond, VA (804) 786-0527, FAX (804) 786-1680,
or e-mail teja.stokes@dmas.virginia.gov.
TITLE 13. HOUSING
BOARD OF
HOUSING AND COMMUNITY DEVELOPMENT
Regulatory
Action Withdrawn
13
VAC 5-111. Virginia Enterprise Zone Program Regulation (amending 13 VAC
5-111-10, 13 VAC 5-111-50, 13 VAC 5-111-70, 13 VAC 5-111-80, 13 VAC 5-111-90,
13 VAC 5-111-100, 13 VAC 5-111-140, 13 VAC 5-111-160, 13 VAC 5-111-180,
13 VAC 5-111-190, 13 VAC 5-111-210, 13 VAC 5-111-290 through 13 VAC 5-111-330,
13 VAC 5-111-350, 13 VAC 5-111-360, 13 VAC 5-111-370, 13 VAC 5-111-390;
adding 13 VAC 5-111-95, 13 VAC 5-111-162, 13 VAC 5-111-172, 13 VAC 5-111-175,
13 VAC 5-111-245, 13 VAC 5-111-315; repealing 13 VAC 5-111-380).
The
Board of Housing and Community Development has WITHDRAWN the proposed
regulation entitled, 13 VAC 5-111. Virginia Enterprise Zone Program
Regulation, published in 20:25 VA.R. 3055-3073 August 23, 2004. The
board has approved a new Notice of Intended Regulatory Action for a new
Enterprise Zone Grant Program Regulation (13 VAC 5-112).
For
more information contact: Steve Calhoun, Regulatory Coordinator, Department
of Housing and Community Development, Richmond, VA (804) 371-7015, FAX
(804) 371-7090, or e-mail steve.calhoun@dhcd.virginia.gov.
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