Regulatory Alert
A Convenient Guide to Regulatory
Activity in the Commonwealth
July, 2010
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 9.
ENVIRONMENT
STATE
WATER CONTROL BOARD
| 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 8 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.
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9VAC25-110.
Virginia Pollutant Discharge Elimination System (VPDES) General Permit
for Domestic Sewage Discharges of Less Than or Equal to 1,000 Gallons
Per Day (amending 9VAC25-110-10, 9VAC25-110-20, 9VAC25-110-60, 9VAC25-110-70,
9VAC25-110-80).
A public hearing
will be held on August 26, 2010, at 1 p.m. at the Department of Environmental
Quality, Richmond, Virginia. Written public comments may be submitted
until September 17, 2010.
In addition to any
other comments, the board is seeking comments on the costs and benefits
of the proposal, the potential impacts on the regulated community, and
any impacts of the regulation on farm and forest land preservation. Also,
the board is seeking information on impacts on small businesses as defined
in § 2.2-4007.1 of the Code of Virginia. Information may include
(i) projected reporting, recordkeeping, and other administrative costs,
(ii) probable effect of the regulation on affected small businesses, and
(iii) description of less intrusive or costly alternative methods of achieving
the purpose of the regulation.
Anyone wishing to
submit written comments for the public comment file may do so at the public
hearing or by mail, email, or fax to George Cosby, Office of Regulatory
Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond,
VA 23218, telephone (804) 698-4067, fax (804) 698-4032, email george.cosby@deq.virginia.gov.
Comments may also be submitted through the public forum feature of the
Virginia Regulatory Town Hall website at www.townhall.virginia.gov. Written
comments must include the name and address of the commenter. In order
to be considered, comments must be received by 11:59 p.m. on the date
established as the close of the comment period.
Summary:
The proposed
regulation amends and reissues the existing general permit for domestic
sewage discharges of less than or equal to 1,000 GPD (VAG40) that will
expire on August 1, 2011. The significant revisions to the regulation
are as follows:
1. Authorization
to Discharge (9VAC25-110-60). Added two reasons why the Department of
Environmental Quality (DEQ) would deny coverage under the general permit.
2. Registration
Statement (9VAC25-110-70). Added a provision that allows owners of treatment
works that were authorized under the expiring general permit, and who
intend to continue coverage under this general permit, to be automatically
covered without requiring the owner to submit a new registration statement.
Clarified that maintenance contracts are required for treatment works
serving individual single family dwellings.
3. General
Permit (9VAC25-110-80).
Part I - Effluent
Limitations, Monitoring Requirements, and Special Conditions. Identified
the two effluent limitation and monitoring requirements sections as
Part I.A (Receiving waters where the 7Q10 flows are < 0.2 MGD) and
Part I.B (Receiving waters where the 7Q10 flows are >= 0.2 MGD) and
made the following revisions: (i) modified the bacteria effluent limits
to address the recent changes to the Virginia Water Quality Standards;
and (ii) added clarifications to the footnotes for the effluent limits
table to explain where to find the classes of water and boundary designations
and the description of what are "shellfish waters" in the
Virginia Water Quality Standards. Renumbered the special conditions
section to Part I.C and made the following changes: (i) deleted the
schedule of compliance special condition; (ii) clarified the maintenance
contract special condition for treatment works serving individual single
family dwellings to indicate that maintenance contracts are required
for these treatment works; (iii) clarified that the previous permit
maintenance contract special condition applies to treatment works serving
nonsingle family dwellings; (iv) clarified that the operation and maintenance
plan special condition applies to treatment works serving nonsingle
family dwellings and added a requirement that all results of testing
and sampling must be kept with the maintenance log; (v) added compliance
recordkeeping special conditions containing recordkeeping instructions
for the permittee regarding quantification levels and significant digits;
and (vi) added a water quality standards special condition requiring
discharges authorized by the permit to meet water quality standards.
Part II -
Conditions Applicable To All VPDES Permits. Modified the duty to reapply
section to indicate that permittees that are required to submit a new
registration statement to reapply for permit coverage must submit the
new registration statement at least 60 days prior to the expiration
date of the permit. Added an explanation of automatic permit coverage
renewal and how a facility qualifies. Clarified that the automatic transfer
of permit provision applies when the current permittee notifies the
DEQ within 30 days of the transfer of property title.
For more information,
please contact George Cosby, Department of Environmental Quality, Richmond,
VA, telephone (804) 698-4067, FAX (804) 698-4032, or email george.cosby@deq.virginia.gov.
| 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 8 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.
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9VAC25-115.
General Virginia Pollutant Discharge Elimination System (VPDES) Permit
for Seafood Processing Facilities (amending 9VAC25-115-10 through 9VAC25-115-50).
A public hearing
will be held on August 26, 2010, at 1 p.m. at the Department of Environmental
Quality, Richmond, Virginia. Written public comments may be submitted
until September 17, 2010.
In addition to any
other comments, the board is seeking comments on the costs and benefits
of the proposal, the potential impacts on the regulated community, and
any impacts of the regulation on farm and forest land preservation. Also,
the board is seeking information on impacts on small businesses as defined
in § 2.2-4007.1 of the Code of Virginia. Information may include
(i) projected reporting, recordkeeping, and other administrative costs,
(ii) probable effect of the regulation on affected small businesses, and
(iii) description of less intrusive or costly alternative methods of achieving
the purpose of the regulation.
Anyone wishing to
submit written comments for the public comment file may do so at the public
hearing or by mail, email, or fax to George Cosby, Office of Regulatory
Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond,
VA 23218, telephone (804) 698-4067, fax (804) 698-4032, email george.cosby@deq.virginia.gov.
Comments may also be submitted through the public forum feature of the
Virginia Regulatory Town Hall website at www.townhall.virginia.gov. Written
comments must include the name and address of the commenter. In order
to be considered, comments must be received by 11:59 p.m. on the date
established as the close of the comment period.
Summary:
The proposed
changes amend and reissue the general permit that expires on July 23,
2011. The general permit that establishes limitations and monitoring
requirements for wastewater discharges from seafood processing facilities
is continued. 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 proposed changes (i) add two reasons authorization
to discharge cannot be granted, (ii) add language to allow for administrative
continuances of coverage, (iii) add three new special conditions, (iv)
update the stormwater pollution prevention plan section, and (v) modify
due dates in the conditions applicable to all permits section.
For more information,
please contact George Cosby, Department of Environmental Quality, Richmond,
VA, telephone (804) 698-4067, FAX (804) 698-4032, or email george.cosby@deq.virginia.gov.
TITLE
11. GAMING
CHARITABLE
GAMING BOARD
11VAC15-22.
Charitable Gaming Rules and Regulations (amending 11VAC15-22-10, 11VAC15-22-40,
11VAC15-22-50, 11VAC15-22-80).
11VAC15-31. Supplier Regulations (amending 11VAC15-31-10).
Notice
is hereby given that the Charitable Gaming Board has WITHDRAWN the proposed
regulations entitled 11VAC15-22, Charitable Gaming Rules and Regulations,
and 11VAC15-31, Supplier Regulations, which were published in 25:22
VA.R. 4051 and 4059 July 6, 2009. In lieu of moving forward with this
action, the board approved a motion to promulgate a new regulation consisting
of three parts. Part I will deal with the conduct of charitable gaming
as currently provided in 11VAC15-22, Part II will deal with supplier
issues as currently provided in 11VAC15-31, and Part III will deal with
electronic pull-tab regulations.
For
more information, please contact Betty Bowman, Director, Division of Charitable
Gaming, Richmond, VA, telephone (804) 786-3015, FAX (804) 786-1079, or
email betty.bowman@dcg.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.
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14VAC5-211.
Rules Governing Health Maintenance Organizations (amending 14VAC5-211-70,
14VAC5-211-160).
A public hearing
will be held upon request. Written public comments may be submitted until
August 16, 2010.
Summary:
This action
conforms the regulation to amendments made to (i) § 38.2-3541 of
the Code of Virginia regarding group health insurance continuation and
conversion requirements and (ii) § 38.2-3412.1 of the Code of Virginia
regarding mental health parity.
For more information,
please contact Althelia Battle, Chief Insurance Market Examiner, Bureau
of Insurance, State Corporation Commission, Richmond, VA, telephone (804)
371-9154, FAX (804) 371-9944, or email al.battle@scc.virginia.gov.
Division
of Legislative Services > Legislative
Record > 2010
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