TITLE 3. ALCOHOLIC BEVERAGES
    ALCOHOLIC BEVERAGE CONTROL BOARD
    Initial Agency Notice
    Title of Regulation:  3VAC5-40. Requirements for Product Approval.
    Statutory Authority: §§ 4.1-103 and 4.1-111 of the  Code of Virginia.
    Name of Petitioner: W. R. Moore.
    Nature of Petitioner's Request: The petitioner has  requested that the board allow the use of growlers, reusable containers for the  sale of beer, by gourmet shop licensees. Currently, only persons licensed to  sell beer for both on-premises and off-premises consumption may sell beer in  growlers, under the provisions of 3VAC5-40-40.
    Agency's Plan for Disposition of Request: Following the  public comment period, the board will consider amending 3VAC5-40-40 to allow  the sale of beer in growlers by gourmet shop licensees.
    Public Comment Deadline: October 31, 2011.
    Agency Contact: W. Curtis  Coleburn, III, Chief Operating Officer, Department of Alcoholic Beverage  Control, P.O. Box 27491, Richmond, VA 23261, telephone (804) 213-4409, or email  curtis.coleburn@abc.virginia.gov.
    VA.R. Doc. No. R12-05; Filed September 12, 2011, 10:57 a.m.
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    TITLE 9. ENVIRONMENT
    STATE AIR POLLUTION CONTROL BOARD
    Agency Decision
    Title of Regulation: None  specified.
    Statutory Authority: § 10.1-1308 of the Code of  Virginia.
    Name of Petitioner: Emma Serrels, Alec Loorz, and  Victoria Loorz (Kids vs. Global Warming).
    Nature of Petitioner's Request: The petitioner is  requesting the State Air Pollution Control Board to adopt regulations to:
    1. Ensure that carbon dioxide emissions from fossil fuels peak  in the year 2012;
    2. Adopt a carbon dioxide emissions reduction plan that,  consistent with the best available science, reduces statewide fossil fuel  carbon dioxide emissions by at least 6.0% annually until at least 2050 and  expands Virginia's capacity for carbon sequestration;
    3. Establish a statewide greenhouse gas emissions accounting,  verification and inventory and issue annual progress reports so that the public  has access to accurate data regarding the effectiveness of Virginia's efforts  to reduce fossil fuel carbon dioxide emissions; and
    4. Adopt any necessary policies or regulations to implement the  greenhouse gas emissions reduction plan, as detailed in 1 and 2 above.
    Agency Decision: Request  denied.
    Statement of Reason for Decision: The board at its  meeting on September 9, 2011, adopted the following motion on a vote of 5 to 2:
    That the board denies the Petition for the following reasons:
    1. While the board has the legal authority to take the action  sought by the petition, the board has undertaken such major regulatory actions  in the past only when mandated by federal law or directed to do so by the  General Assembly. The board should not change this practice with respect to the  petition.
    2. There is no Virginia authority supporting the application of  the public trust doctrine to the regulation of air pollution.
    3. The Commonwealth, through the Attorney General, is  challenging the authority of EPA to regulate greenhouse gases. The board,  following the lead of the Governor, supports the Attorney General's litigation.  Prudence would dictate that to the extent possible any regulatory action of the  type sought by the petition await judicial resolution of this matter.
    4. On the merits of the petition, while temperature increases  and changes in climate are well documented, their causes - as well as the  nature and efficacy of any regulatory efforts necessary or appropriate to  control or reverse them - are not.
    5. Any major regulation of greenhouse gases should be carried  out through coordination among the federal government and all the states.
    6. For the Commonwealth to act alone on a matter of this nature  would place Virginia and its regulated businesses at a disadvantage with  respect to those of other states and would thereby jeopardize Virginia jobs and  pose a serious threat to the economy of the state.
    7. Since any program regulating greenhouse gases would have to  be carefully designed by the Department of Environmental Quality (DEQ) to be  enforceable and to produce the results requested, implementation of the petition  will require significant new resources of staff time and money from DEQ. These  resources are not currently available and current resources are best used to meet  the requirements already in place or on the way.
    Agency Contact: Karen  Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O.  Box 1105, Richmond, VA 23218, telephone (804) 698-4426, or email  karen.sabasteanski@deq.virginia.gov.
    VA.R. Doc. No. R11-47; Filed September 12, 2011, 2:33 p.m.
    STATE WATER CONTROL BOARD
    Agency Decision
    Title of Regulation:  9VAC25-260. Water Quality Standards.
    Statutory Authority: § 62.1-44.15 of the Code of  Virginia.
    Name of Petitioner: National Park Service.
    Nature of Petitioner's Request: The petitioner has  requested that the State Water Control Board amend the Water Quality Standards  to designate Bull Run from the northern end of Manassas National Battlefield  Park boundary, at the confluence of Little Bull Run, south to where it crosses  Route 66 as a Tier III exceptional state water.
    Agency Decision: Request  granted.
    Statement of Reason for Decision:  The petition for rulemaking was granted by the State Water Control Board at its  meeting on August 4, 2011, based on the staff presentation and conclusion that  the petitioned segment of Bull Run met sufficient eligibility criteria, set  forth in the State Water Quality Standards regulation, for consideration as a  Tier III exceptional state water.
    Agency Contact: David C.  Whitehurst, Department of Environmental Quality, 629 East Main Street, P.O. Box  1105, Richmond, VA 23218, telephone (804) 698-4121, or email  david.whitehurst@deq.virginia.gov.
    VA.R. Doc. No. R11-42; Filed September 12, 2011, 1:32 p.m.
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    TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
    BOARD OF DENTISTRY
    Agency Decision
    Title of Regulation:  18VAC60-20. Regulations Governing Dental Practice.
    Statutory Authority: § 54.1-2400 and Chapter 27 of  Title 54.1 of the Code of Virginia.
    Name of Petitioner: Ann Bruhn.
    Nature of Petitioner's Request: To amend regulations to  permit accredited dental hygiene schools to offer radiation safety course for  unlicensed persons to be certified in radiation safety.
    Agency Decision: Request  granted.
    Statement of Reason for Decision:   The board is unable to reconsider the  elimination of a board approved course and examination because it does not have  statutory authority to approve such program. However, the board acted to  interpret the "course or examination recognized by the Commission on  Dental Accreditation of the American Dental Association" to include a  "course with examination provided by a dental assisting, dental hygiene or  dentistry program accredited by the Commission on Dental Accreditation of the  American Dental Association." This interpretation will allow  CODA-accredited programs to offer a dental radiation course in order to certify  persons to place or expose dental x-ray film in dental offices. In addition,  the board intends to amend its regulations to clarify the requirements  accordingly.
    Agency Contact: Elaine J.  Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960  Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4468, or  email elaine.yeatts@dhp.virginia.gov.
    VA.R. Doc. No. R11-40; Filed September 12, 2011, 4:03 p.m.