Division of Legislative Services > Legislative Record > 2007

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.



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.



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.

Division of Legislative Services > Legislative Record > 2007

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