Regulatory Alert
A Convenient Guide to Regulatory
Activity in the Commonwealth
July, 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.
|
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. in 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 will be held August 17, 2005, at 4 p.m. in Richmond, VA. Written
public comment may be submitted 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 emission
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 further information
contact: Karen G. Sabasteanski, Department of Environmental Quality, (804)
698-4426, or e-mail kgsabastea@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,
FAX (804) 371-9416, tollfree
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 comments 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
more information contact: David S. Lermond, Jr., Regulatory Coordinator,
Virginia Racing Commission, (804) 966-7404, or e-mail david.lermond@vrc.virginia.gov.
TITLE 12. HEALTH
STATE BOARD
OF HEALTH
12 VAC 5-480.
Radiation Protection Regulations (repealing 12 VAC 5-480-10 through 12
VAC 5-480-8920).
12 VAC 5-481.
Virginia Radiation Protection Regulations (adding 12 VAC 5-481-10 through
12 VAC 5-481-3670).
Written public comments
may be submitted until August 29, 2005.
The Virginia
Department of Health intends to abolish the existing Radiation Protection
Regulations (12 VAC 5-480) and promulgate new regulations (12 VAC 5-481)
that incorporate federal standards and state legislative requirements
including (i) radiation protection standards of the U.S. Nuclear Regulatory
Commission, (ii) requirements of the federal Mammography Quality Standards
Act of 1992, (iii) standards included in the Suggested State Regulations
of the Conference Radiation Control Program Directors, (iv) requirements
for mammography machines passed in the 2000 Acts of Assembly, and (v)
requirements authorizing civil penalties for violation of standards
passed in the 1999 Acts of Assembly.
For more information
contact: Les Foldesi, Director, Radiological Health Program, Department
of Health, (804) 864-8150, or e-mail les.foldesi@vdh.virginia.gov.
TITLE 14. INSURANCE
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. |
14
VAC 5-170. Rules Governing Minimum Standards for Medicare Supplement Policies
(amending 14 VAC 5-170-20 through 14 VAC 5-170-105, 14 VAC 5-170-120,
14 VAC 5-170-130, 14 VAC 5-170-150, 14 VAC 5-170-160, 14 VAC 5-170-190,
and Appendices A through D).
A public
hearing will be scheduled upon request. Written public comment was submitted
prior to July 8, 2005.
The purpose
of the amendments is to incorporate changes required by federal law
pursuant to the Medicare Prescription Drug, Improvement, and Modernization
Act of 2003 (MMA). The MMA provides prescription drug coverage through
Medicare Part D. Changes are made to incorporate the Part D coverage
and additional Medicare Supplement plans as authorized by the MMA. Revisions
were also made to reflect the 2005 deductible and co-payment amounts
under Medicare.
For
additional information contact: Ann Colley, Bureau of Insurance, State
Corporation Commission, (804) 371-9813, or e-mail ann.colley@scc.virginia.gov.
TITLE 18. PROFESSIONAL
AND OCCUPATIONAL LICENSING
BOARD FOR
BARBERS AND COSMETOLOGY
18 VAC 41-30.
Hair Braiding Regulations (adding 18 VAC 41-30-10 through 18 VAC 41-30-250).
A public hearing
will be held August 15, 2005, at 1 p.m. in Richmond, VA. Written public
comment may be submitted until August 26, 2005.
The proposed
regulations establish requirements for obtaining a hair braiding license,
and renewal and reinstatement of a license; safety and sanitation procedures;
standards of professional conduct to ensure competency and integrity
of all licensees and that the health and sanitary standards and safety
are adequate in shops, salons, schools, and other facilities where hair
braiding services are provided.
For additional information
contact: William H. Ferguson, II, Executive Director, Board for Barbers
and Cosmetology, (804) 367-8590, FAX (804) 367-6295, or e-mail william.ferguson.
@dpor.virginia.gov.
BOARD FOR
WASTE MANAGEMENT FACILITY OPERATORS
18
VAC 155-20. Waste Management Facility Operators Regulations (amending
18 VAC 155-20-10, 18 VAC 155-20-110, 18 VAC 155-20-120, 18 VAC 155-20-160,
18 VAC 155-20-220 and 18 VAC 155-20-280).
A public
hearing will be held August 11, 2005, at 10:30 a.m. in Richmond, VA. Written
public comment may be submitted until August 26, 2005.
The proposed
amendments (i) create a new license classification (Class V) for Municipal
Solid Waste (MSW) composting facilities and move MSW composting from
Class II to the new Class V; (ii) clarify that a waste management facility
for which the Board has not established training and licensure requirements
may be operated by a Class I licensee; (iii) require applicants using
experience to substitute for a high school diploma to have obtained
that experience during the seven years immediately preceding the date
of application; (iv) require applicants to document at least one year
of experience with a waste management facility in order to qualify for
licensure; (v) repeal language requiring facility specific training
to have been completed after January 1, 1989, and language concerning
the first renewal after May 1, 2000, that assigned a single expiration
date to all classes of license held by a single individual; (vi) require
license renewal applicants to state that they are in compliance with
all Virginia and federal laws and regulations; (vii) amend the training
course curriculum section to be more reflective of current technology
and training needs, to amend Class II training to remove MSW composting
requirements, and to create a new curriculum for Class V MSW composting;
and (viii) amend the "grounds for denial of application, denial
of renewal or discipline" section to make renewing a license through
fraudulent means or misrepresentation grounds for license denial and
disciplinary action and to cite the provisions of § 54.1-204 of
the Code of Virginia pertinent to applicants with criminal convictions.
For further information
contact: David Dick, Executive Director, Board for Waste Management Facility
Operators, (804) 367-0219, or e-mail wastemgt@dpor.virginia.gov.
BOARD FOR
WATERWORKS AND WASTEWATER WORKS OPERATORS
18
VAC 160-20. Board for Waterworks and Wastewater Works Operators Regulations
(amending 18 VAC 160-20-10, 18 VAC 160-20-74, 18 VAC 160-20-104, 18 VAC
160-20-106, 18 VAC 160-20-109 and 18 VAC 160-20-140; adding 18 VAC 160-20-95).
A public
hearing will be held August 11, 2005, at 9 a.m. in Richmond, VA. Written
public comment may be submitted until August 26, 2005.
The board proposes
to create a conditional license that will require the applicant to meet
all of the entry requirements for licensure except the requirement for
experience operating a waterworks classified by the Virginia Department
of Health or a wastewater works classified by the Virginia Department
of Environmental Quality. Experience obtained at comparable nonclassified
facilities would qualify an applicant to sit for the board's examination.
Those passing the examination would be issued a conditional license.
Upon completion and documentation to the board of one-half of the classified
facility work experience required by the regulations, those holding
a conditional license would be issued a license authorizing them to
operate a classified facility.
Those holding
conditional licenses will be required to pay the license renewal fee
to maintain their conditional license, to complete continuing professional
education (CPE) if they hold a waterworks conditional license, and to
be subject to the disciplinary provisions of the board's regulations.
For
additional information contact: David Dick, Executive Director, Board
for Waterworks and Wastewater Works Operators, (804) 367-2176, or e-mail
waterwasteoper@dpor.virginia.gov.
TITLE 22. SOCIAL
SERVICES
STATE BOARD
OF SOCIAL SERVICES
22
VAC 40-740. Adult Protective Services (amending 22 VAC 40-740-10, 22 VAC
40-740-40, 22 VAC 40-740-50, 22 VAC 40-740-60; repealing 22 VAC 40-740-20,
22 VAC 40-740-30; adding 22 VAC 40-740-21, 22 VAC 40-740-31, 22 VAC 40-740-70,
22 VAC 40-740-80).
Written
public comment may be submitted until August 26, 2005.
The proposed
amendments expand the scope of mandated reporters to include health
professions regulated by the Department of Health Professions, emergency
medical services personnel, and guardians. These changes allow the agency's
existing regulation to comply with changes to the Code of Virginia effective
July 1, 2004. Also, pursuant to Chapters 749 and 1011 of the 2004 Acts
of Assembly the proposed amendments authorize the Commissioner of Social
Services or his designee to assess civil penalties for nonreporting
by a mandated reporter of suspected abuse, neglect, or exploitation
of vulnerable adults. Finally, the proposed regulations include numerous
clarifications.
For
more information contact: Sue Murdock, Adult Services Programs Consultant,
Division of Family Services, Department of Social Services, (804) 726-7616,
or e-mail susan.murdock@dss.virginia.gov.
|