Regulatory Alert
A Convenient Guide to Regulatory
Activity in the Commonwealth
June, 2009
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 or contact epalen@dls.virginia.gov
or the Code Commission staff at (804) 786-3591 for further information.
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TITLE 4. CONSERVATION
AND NATURAL RESOURCES
VIRGINIA
SOIL AND WATER CONSERVATION BOARD
4VAC50-60. Virginia Stormwater Management Program (VSMP) Permit Regulations
(amending 4VAC50-60-10, 4VAC50-60-20, 4VAC50-60-30, 4VAC50-60-40; adding
4VAC50-60-53, 4VAC50-60-56, 4VAC50-60-63, 4VAC50-60-65, 4VAC50-60-66,
4VAC50-60-72, 4VAC50-60-74, 4VAC50-60-76, 4VAC50-60-85, 4VAC50-60-93,
4VAC50-60-96, 4VAC50-60-102, 4VAC50-60-104, 4VAC50-60-106, 4VAC50-60-108,
4VAC50-60-112, 4VAC50-60-114, 4VAC50-60-116, 4VAC50-60-118, 4VAC50-60-122,
4VAC50-60-124, 4VAC50-60-126, 4VAC50-60-128, 4VAC50-60-132, 4VAC50-60-134,
4VAC50-60-136, 4VAC50-60-138, 4VAC50-60-142, 4VAC50-60-154, 4VAC50-60-156,
4VAC50-60-157, 4VAC50-60-158, 4VAC50-60-159; repealing 4VAC50-60-50, 4VAC50-60-60,
4VAC50-60-70, 4VAC50-60-80, 4VAC50-60-90, 4VAC50-60-100, 4VAC50-60-110,
4VAC50-60-120, 4VAC50-60-130, 4VAC50-60-140, 4VAC50-60-150).
Public Hearing
Information:
June 30, 2009 -
7 p.m. - Hungry Mother State Park, Hemlock Haven Conference Center, 380
Hemlock Haven Lane, Marion, VA
July 1, 2009 - 7
p.m. - Augusta County Government Center, Board of Supervisors Meeting
Room, 18 Government Center Lane, Verona, VA
July 7, 2009 - 7
p.m. - City of Manassas, City Council Chambers, 9027 Center Street, Manassas,
VA
July 9, 2009 - 7
p.m. - City of Hampton, City Council Chambers, 22 Lincoln Street, 8th
Floor, Hampton, VA
July 14, 2009 -
7 p.m. - Virginia General Assembly Building, 910 Capitol Street, Senate
Room B, Richmond, VA
Written public comment
may be submitted until 5 p.m. on August 21, 2009.
Summary:
The amendments
provide technical criteria applicable to stormwater discharges from
construction activities; establish minimum criteria for locality-administered
stormwater management programs (qualifying local programs) and Department
of Conservation and Recreation administered local stormwater management
programs, as well as authorization procedures and review procedures
for qualifying local programs; and revise the definitions section applicable
to all of the Virginia Stormwater Management Program (VSMP) regulations.
With regard
to technical criteria applicable to stormwater discharges from construction
activities, revised water quality and water quantity requirements are
proposed to be included in Part II of the regulations. Water quality
requirements include a 0.28 lbs/acre/year phosphorus standard for new
development, a requirement that total phosphorus loads be reduced to
an amount at least 20% below the predevelopment phosphorus load on prior
developed lands, and a requirement that control measures be installed
on a site to meet any applicable wasteload allocation are added. Water
quantity requirements include both channel protection and flood protection
criteria.
This action
would also establish the minimum criteria and ordinance requirements
(where applicable) for a Virginia Soil and Water Conservation Board
authorized qualifying local program (Part III A) or for a board-authorized
department-administered local stormwater management program (Part III
B) which include, but are not limited to, administration, plan review,
issuance of coverage under the General Virginia Stormwater Management
Program Permit for Discharges of Stormwater from Construction Activities,
inspection, enforcement, reporting, and recordkeeping. Part III D establishes
the procedures the board will utilize in authorizing a locality to administer
a qualifying local program. Part III C establishes the criteria the
department will utilize in reviewing a locality's administration of
a qualifying local program.
Finally, this
proposed action would make changes to definitions in Part I, which is
applicable to the full body of the VSMP regulations. Unnecessary definitions
are proposed to be deleted, needed definitions are proposed to be added,
and many existing definitions are proposed to be updated.
For additional information
please contact David C. Dowling, Policy, Planning, and Budget Director,
Department of Conservation and Recreation, Richmond, VA, telephone (804)
786-2291, FAX (804) 786-6141, or email david.dowling@dcr.virginia.gov.
TITLE
9. ENVIRONMENT
STATE
AIR POLLUTION CONTROL BOARD
REGISTRAR'S
NOTICE: Due to its length, the following regulation filed by
the State Air Pollution Control Board (9VAC5-45, Consumer and Commercial
Products) is not being published. However, in accordance with §
2.2-4031 of the Code of Virginia, the summary is being published
in lieu of the full text. The full text of the regulation is available
for public inspection at the office of the Registrar of Regulations
and at the State Air Pollution Control Board (see contact information
below) and is accessible on the Virginia Register of Regulations
website at http://register.dls.virginia.gov/
vol25/Welcome.htm. |
9VAC5-20.
General Provisions (amending 9VAC5-20-21).
9VAC5-45.
Consumer and Commercial Products (adding 9VAC5-45-10 through 9VAC5-45-850).
Public Hearing
Information:
July 22, 2009 -
10 a.m. - Department of Environmental Quality, Northern Regional Office,
Conference Room 1, 13901 Crown Court, Woodbridge, VA
Written public comment
may be submitted until 5 p.m. on August 10, 2009.
Summary:
A new chapter
(9VAC5-45) is established for the control of volatile organic compound
(VOC) emissions from various consumer and commercial products in the
Northern Virginia and Fredericksburg VOC Emissions Control Areas. The
new chapter consists of two parts. The first part of the new chapter
contains general requirements pertaining to all of the types of consumer
and commercial products regulated. The second part is composed of articles
that contain VOC content and emission standards for individual types
of consumer products and contain the control technology, testing, monitoring,
administrative, recordkeeping, and reporting requirements necessary
to determine compliance with each of the applicable standards.
The new chapter
includes two articles that control VOC emissions from portable fuel
containers and spouts. These articles implement design, performance,
and labeling standards for portable fuel container products before and
after January 1, 2009, and prohibit owners from manufacturing, distributing,
and selling noncompliant products.
The new chapter
includes two articles that control VOC emissions from certain types
of consumer products. These articles implement VOC content standards
for some individual product categories before and after January 1, 2009,
and prohibit owners from manufacturing, distributing, advertising, or
selling noncompliant products.
The new chapter
includes an article for the control of VOC emissions from architectural
and industrial maintenance coatings that implements VOC content standards
for all such coating products and prohibits owners from manufacturing,
distributing, selling, and using noncompliant products.
The new chapter
includes an article that controls VOC emissions from adhesives, adhesive
primers, sealants, and sealant primers that implements VOC content limits
for those products and prohibits owners from manufacturing, distributing,
selling, or applying noncompliant products.
Finally, the
new chapter includes an article that controls VOC emissions from asphalt
paving operations, which prescribes the use of emulsified asphalt coatings
except for the purpose of coating residential driveways and prohibits
the mixing, storage, and application of noncompliant products.
For more information,
please contact Gary E. Graham, Department of Environmental Quality, Richmond,
VA, telephone (804) 698-4103, FAX (804) 698-4510, or email gegraham@deq.virginia.gov.
TITLE
12. HEALTH
DEPARTMENT
OF MEDICAL ASSISTANCE SERVICES
12VAC30-80.
Methods and Standards for Establishing Payment Rates; Other Types of Care
(amending 12VAC30-80-30, 12VAC30-80-190).
No public hearings
are scheduled. Written public comment may be submitted until 5 p.m. on
August 7, 2009.
Summary:
Item
306 PP of Chapter 879 of the 2008 Acts of Assembly directed DMAS to
recalibrate its Resource Based Relative Value System (RBRVS) physician
reimbursement rates by implementing a site of service differential payment
policy.
12VAC30-80-190 is being amended to implement a site of service differential
for RBRVS physician rates. Payment for physician services in some cases
will be recalibrated to implement different rates for services depending
on the site of service based on the relative value units (RVUs) for
a procedure code published by the Centers for Medicare and Medicaid
Services (CMS). For procedures that can be performed in either a facility
or nonfacility, CMS has been publishing separate RVUs for several years
and Medicare rates are based on site of service. Different Medicaid
rates by site of service will be phased in over a four-year period.
12VAC30-80-30 is being amended to remove the long-standing payment reduction
applied to physician services when performed in hospital settings, as
compared to physicians’ offices.
For additional information
please contact Carla Russell, Health Care Reimbursement Manager, Department
of Medical Assistance Services, Richmond, VA, telephone (804) 225-4586,
FAX (804) 371-8892, or email carla.russell@dmas.virginia.gov.
DEPARTMENT
OF MEDICAL ASSISTANCE SERVICES
12VAC30-50.
Amount, Duration, and Scope of Medical and Remedial Care Services (amending
12VAC30-50-130).
No public hearings
are scheduled. Written public comment may be submitted until 5 p.m. on
August 7, 2009.
Summary:
The proposed
amendment implements Item 306 OO of Chapter 879 of the 2008 Acts of
Assembly by requiring providers to obtain prior authorization in order
to be reimbursed for intensive in-home services to children and adolescents.
This requirement has been in effect since July 2, 2008, under emergency
regulations.
For further information,
please contact Catherine Hancock, Project Manager, Department of Medical
Assistance Services, Richmond, VA, telephone (804) 225-4272, FAX (804)
786-1680, or email catherine.hancock@dmas.virginia.gov.
STATE
BOARD OF HEALTH
12VAC5-612.
Regulations to Implement the Onsite Sewage Indemnification Fund (adding
12VAC5-612-10 through 12VAC5-612-100).
No public hearings
are scheduled. Written public comment may be submitted until 5 p.m. on
August 7, 2009.
Summary:
The regulations
administer § 32.1-164.1:01 of the Code of Virginia, which creates
the Onsite Sewage Indemnification Fund. The fund reimburses Virginia
real property owners whose onsite sewage systems fail within three years
of construction from the negligence of the Virginia Department of Health
(VDH). In order to receive assistance, the commissioner must find that
the Virginia real property owner (i) meets the statutory requirements
specified in the Code of Virginia (i.e., valid permit, failure of onsite
sewage system within three years from installation, negligent actions
by VDH caused failure); (ii) submits a complete application within one
year of the date of failure; (iii) follows the requirements to repair
or replace the failed system; and (iv) executes a release of claims
against the Commonwealth related to the failed system.
If the commissioner
finds that the onsite sewage system failed within three years from faulty
construction or other private party error, then the commissioner may
assist the owner in seeking redress from the system’s builder
or other private party.
For further information,
please contact Allen Knapp, Environmental Health Coordinator, Department
of Health, Richmond, VA, telephone (804) 864-7458, FAX (804) 864-7476,
or email allen.knapp@vdh.virginia.gov.
STATE
BOARD OF HEALTH
12VAC5-650.
State Board of Health Schedule of Civil Penalties (adding 12VAC5-650-10
through 12VAC5-650-100).
No public hearings
are scheduled. Written public comments may be submitted until 5 p.m. on
August 7, 2009.
Summary:
The proposed
amendment implements Item 306 OO of Chapter 879 of the 2008 Acts of
Assembly by requiring providers to obtain prior authorization in order
to be reimbursed for intensive in-home services to children and adolescents.
This requirement has been in effect since July 2, 2008, under emergency
regulations.
For further information,
please contact Catherine Hancock, Project Manager, Department of Medical
Assistance Services, Richmond, VA, telephone (804) 225-4272, FAX (804)
786-1680, or email catherine.hancock@dmas.virginia.gov.
TITLE
18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD
OF PHARMACY
18VAC110-20.
Regulations Governing the Practice of Pharmacy (amending 18VAC110-20-20).
18VAC110-50.
Regulations Governing Wholesale Distributors, Manufacturers, and Warehousers
(amending 18VAC110-50-20).
Public Hearing
Information:
June 10, 2009 -
9 a.m. - Perimeter Center, 9960 Mayland Drive, 2nd Floor, Richmond, VA
Written public comment
may be submitted until 5 p.m. on August 7, 2009.
Summary:
The proposed amendments
establish annual renewal dates for various licenses, permits, and registrations
under the Board of Pharmacy. The amendments are currently in effect under
emergency regulations that will expire September 22, 2009.
For more information,
please contact Elizabeth Scott Russell, RPh, Executive Director, Board
of Pharmacy, Richmond, VA, telephone (804) 367-4456, FAX (804) 527-4472,
or email scotti.russell@dhp.virginia.gov.
BOARD
OF MEDICINE
18VAC85-80.
Regulations Governing the Licensure of Occupational Therapists (amending
18VAC85-80-10, 18VAC85-80-26, 18VAC85-80-40, 18VAC85-80-45, 18VAC85-80-50,
18VAC85-80-65, 18VAC85-80-70, 18VAC85-80-72, 18VAC85-80-73, 18VAC85-80-80,
18VAC85-80-90, 18VAC85-80-100, 18VAC85-80-110; adding 18VAC85-80-111;
repealing 18VAC85-80-61).
Public Hearing
Information:
July 28, 2009 - 10
a.m. - Department of Health Professions, 9960 Mayland Drive, 2nd Floor,
Richmond, VA
Written public comment
may be submitted until 5 p.m. on August 7, 2009.
Summary:
The proposed
amendments establish requirements for the licensure of occupational
therapy assistants as mandated by Chapters 64 and 89 of the 2008 Acts
of Assembly. The regulations will replace existing emergency regulations
that will expire October 31, 2009.
The regulations
specify the national credential for licensure, the requirements for
continuing competency and renewal, fees for licensure as an occupational
therapy assistant (OTA), the provisions for supervision of OTAs, and
the perimeters for practice. In order to be licensed, an applicant must
pass the certification examination for an occupational therapy assistant
from the National Board for Certification in Occupational Therapy (NBCOT).
Practice by an OTA must be supervised by an occupational therapist (OT)
and include services that do not require the clinical decision or specific
knowledge, skills and judgment of a licensed OT nor the discretionary
aspects of the initial assessment, evaluation or development of a treatment
plan.
For more information,
please contact William L. Harp, M.D., Executive Director, Board of Medicine,
Richmond, VA, telephone (804) 367-4621, FAX (804) 527-4429, or email william.harp@dhp.virginia.gov.
VIRGINIA
BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS
18VAC15-40.
Virginia Certified Home Inspectors Regulations (amending 18VAC15-40-10,
18VAC15-40-30, 18VAC15-40-50, 18VAC15-40-80, 18VAC15-40-90, 18VAC15-40-100,
18VAC15-40-120, 18VAC15-40-130, 18VAC15-40-140, 18VAC15-40-190; adding
18VAC15-40-45, 18VAC15-40-48, 18VAC15-40-52, 18VAC15-40-72, 18VAC15-40-85,
18VAC15-40-105; repealing 18VAC15-40-70, 18VAC15-40-110).
Public Hearing
Information:
July 10, 2009 -
10 a.m. - Department of Professional and Occupational Regulation, 9960
Mayland Drive, Suite 200, Board Room 4, Richmond, VA
Written public comment
may be submitted until 5 p.m. on August 7, 2009.
Summary:
The amendments
(i) update the definitions, the qualifications for certification, the
certified home inspection contract provisions, the certified home inspection
report provisions, the conflict of interest provisions, and the unworthiness
and incompetence provisions; (ii) add continuing professional education
requirements; and (iii) change several sections to conform to DPOR’s
model regulations with no substantive impact.
For more information,
please contact Justin Garofalo, Board Administrator, Virginia Board for
Asbestos, Lead and Home Inspectors, Richmond, VA, telephone (804) 367-2567,
FAX (804) 527-4297, or email justin.garofalo@dpor.virginia.gov.
COMMON
INTEREST COMMUNITY BOARD
18VAC48-50.
Common Interest Community Manager Regulations (adding 18VAC48-50-10 through
18VAC48-50-290).
Public Hearing
Information:
August 3, 2009 -
10 a.m. - Department of Professional and Occupational Regulation, 9960
Mayland Drive, 2nd Floor, Board Room 1, Richmond, VA
Written public comment
may be submitted until 5 p.m. on August 21, 2009.
Summary:
This is a
new regulation that establishes the licensure requirements for common
interest community managers, as well as the standards of practice and
conduct for common interest community managers and requirements for
training programs. The regulation will ultimately replace emergency
regulations that were implemented as a result of the enactment of Chapters
851 and 871 of the Acts of the 2008 General Assembly, which were the
result of HB 516 and SB 301. These Acts required regulations to be effective
within 280 days of enactment, thus the implementation of emergency regulations
on November 13, 2008.
For additional information,
please contact Trisha Henshaw, Executive Director, Common Interest Community
Board, Richmond, VA, telephone (804) 367-8510, FAX (804) 527-4298, or
email cic@dpor.virginia.gov.
TITLE
22. SOCIAL SERVICES
STATE
BOARD OF SOCIAL SERVICES
22VAC40-630.
Disability Advocacy Project (repealing 22VAC40-630-10 through 22VAC40-630-50).
Written
public comment may be submitted until 5 p.m. on August 7, 2009.
Summary:
General
Relief is a program that provides assistance to individuals who are
not eligible for other forms of assistance and is an optional program
at the local level. The regulation provides procedures for referring
recipients to legal representation during an appeal of a Supplemental
Security Income (SSI) disability determination process and providing
information on how the appeal may affect their General Relief benefits.
This regulation is repealed and its provisions will be included in a
new comprehensive General Relief Program regulation (22VAC40-411).
For
more information, please contact Mark L. Golden, TANF Program Manager,
Department of Social Services, Division of Benefit Programs, Richmond,
VA, telephone (804) 726-7385, FAX (804) 726-7356, or email mark.golden@dss.virginia.gov.
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