Regulatory Alert
A Convenient Guide to Regulatory
Activity in the Commonwealth
November - December, 2007
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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TITLE 9. ENVIRONMENT
STATE
WATER CONTROL BOARD
Proposed
Regulation
| 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, if the board (i) provides a Notice of Intended Regulatory
Action in conformance with the provisions of §2.2-4007.01, (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 §2.2-4007.03, and (iv) conducts at least one public hearing
on the proposed general permit. |
9VAC25-193.
General Virginia Pollutant Discharge Elimination System (VPDES) Permit
for Concrete Products Facilities (amending 9VAC25-193-40, 9VAC25-193-70).
A public hearing
will be held January 7, 2008 at 4 p.m. at the Department of Environmental
Quality, Piedmont Regional Office ,Glen Allen, Virginia. Written public
comment may be submitted until 5 p.m. on January 25, 2008.
The proposed
amendments reissue the general permit that expires on September 30,
2008. The general permit establishes limitations and monitoring requirements
for wastewater discharges from concrete products facilities. As with
an individual VPDES permit, the effluent limits in the general permit
are set to protect the quality of the waters receiving the discharges.
The general
permit is amended to include new effective and expiration dates to correspond
with the new dates of the reissued permit. In special condition 1 in
Part I B a requirement for no solids deposition in surface water as
a result of the industrial activity in the vicinity of the outfall has
been added. Also, that the visual quality of the receiving stream (including
observations of solids deposition from the industrial activity) in the
vicinity of the outfall (including ditches and conveyances) should be
included in the quarterly visual examination reports of the storm water
management section (Part II D). These were added in response to staff
concerns about solids depositions (concrete product) entering the receiving
stream.
Special condition
10 in Part I B is amended such that where basins are operated in a series
mode of operation, the one foot freeboard requirement for the upper
basins may be waived provided the final basin will maintain the freeboard
requirements. This was added to reflect existing practice and design
of these basins and to ensure the lower basin will not overflow in high
flow rain events.
Special condition
13 in Part I B was modified to reflect liner requirements for settling
basins built after February 1998 set forth in §62.1-44.15:5.2 of
the Code of Virginia.
Special condition
15 in Part I B was modified to ensure that the permittee reports discharge
monitoring at two significant digits. The changes in this section were
done to conform to Guidance Memo 06-2016 (Significant Figures for Discharge
Monitoring Reports) for consistency within the VPDES program.
For more information
please contact Elleanore M. Daub, Department of Environmental Quality,
Richmond, Virginia (804) 698-4111, FAX (804) 698-4032, or email emdaub@deq.virginia.gov.
TITLE
22. SOCIAL SERVICES
DEPARTMENT
OF REHABILITATIVE SERVICES
Proposed
Regulation
22VAC30-10.
Public Participation Guidelines (amending 22VAC30-10-10, 22VAC30-10-20,
22VAC30-10-40, 22VAC30-10-50).
There are no public
hearings are scheduled. Written public comment may be submitted until
5 p.m. on February 8, 2008.
The proposed
amendments (i) add the Virginia Regulatory Town Hall as an option for
providing public notice and public comment; (ii) update references to
the Code of Virginia that have changed as a result of recodification
and other legislative changes; (iii) authorize the commissioner to purge
entries on the public participation notification list when the individual
or entity requests to be removed from the list, when notices are returned
as undeliverable, or when there is no response to a request from the
commissioner; (iv) provide that the failure of any person or entity
to receive any notice or any copies of documents provided under these
guidelines shall not affect the validity of any regulations otherwise
properly adopted under the Administrative Process Act (§2.2-4000
et seq. of the Code of Virginia); (v) require the department to consider
all input received within the established comment period; and (vi) provide
that any person or entity may petition the commissioner to develop a
new or amend an existing regulation, but the department shall have to
sole authority to dispose of the petition.
For additional information
please contact Vanessa S. Rakestraw, Policy Analyst, Department of Rehabilitative
Services, Richmond, (804) 662-7612, FAX (804) 662-7696, or email vanessa.rakestraw@drs.virginia.gov.
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