PETITIONS FOR RULEMAKING
Vol. 25 Iss. 16 - April 13, 2009

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Initial Agency Notice

Title of Regulation: 9 VAC25-720. Water Quality Management Planning Regulation.

Statutory Authority: § 62.1-44.15 of the Code of Virginia.

Name of Petitioner: Brian K. McReynolds, City of Waynesboro Director of Public Works.

Nature of Petitioner's Request: Amend the Water Quality Management Planning Regulation (9VAC25-720-50 C, Shenandoah-Potomac Basin), to increase total nitrogen (TN) and total phosphorus (TP) waste load allocations (WLAs) for the Waynesboro wastewater plant (VPDES Permit No. 0025151).  Current nutrient WLAs are TN = 48,729 lb/yr; TP = 3,655 lb/yr, based on a design flow of four million gallons per day (MGD).  The city is expanding the plant to six MGD, and installing state-of-the-art nutrient reduction technology.  Construction is underway with work expected to be completed and the facility certified for operation by December 31, 2010.  Waynesboro requests the WLAs be amended to TN = 73,058 lbs/yr (a 24,329 lb/yr increase) and TP = 5,479 lbs/yr (a 1,824 lb/yr increase) to reflect the six MGD design flow.

Agency's Plan for Disposition of Request: Public-notice receipt of the petition and provide for a 21-day public comment period. Upon close of the public comment period, review any comments received and then make a decision to either initiate a rulemaking or place the petition on the board's next meeting agenda for their consideration.

Public Comments: Comments may be submitted until May 4, 2009.

Agency Contact: John M. Kennedy, Department of Environmental Quality, Chesapeake Bay Program Manager, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4312, toll free (800) 592-5482, or email jmkennedy@deq.virginia.gov.

VA.R. Doc. No. R09-15; Filed March 26, 2009, 12:25 p.m.

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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF DENTISTRY

Agency Decision

Title of Regulation: 18VAC60-20. Regulations Governing the Practice of Dentistry and Dental Hygiene.

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Name of Petitioner: Alden S. Anderson III.

Nature of Petitioner's Request: To amend 18VAC60-20-50 to allow the Roanoke Valley Dental Society to present continuing education programs without being affiliated with local organizations to be an approved sponsor.

Agency Decision: Request denied.

Statement of Reasons for Decision: The board did not choose to establish another category of approved sponsors for continuing education.  The Roanoke Valley Dental Society is one among a number of local dental societies and other dental-related organizations, so the board did not believe it was advisable to recognize one such group in regulation. Continuing education offerings by the Roanoke Valley Dental Society could be approved by the Academy of General Dentistry, the Virginia Dental Association, or other such bodies currently recognized as approved sponsors.

Agency Contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4688, FAX (804) 527-4434, or email elaine.yeatts@dhp.virginia.gov.

VA.R. Doc. No. R09-10; Filed March 13, 2009, 2:23 p.m.

BOARD OF MEDICINE

Initial Agency Notice

Title of Regulation: 18VAC85-20. Regulations Governing the Practice of Medicine, Osteopathic Medicine, Podiatry and Chiropractic.

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Name of Petitioner: Dag A. Gollopp.

Nature of Petitioner's Request: Amend 18VAC85-20-140 of the regulation that requires an applicant to pass Parts 1, 2 and 3 of the United States Medical Licensing Examination (USMLE) within 10 years or to hold board certification.

Agency's Plan for Disposition of Request: The board will receive public comment on the petition for rulemaking and will consider any public comment and the petition at a meeting of the board on June 25, 2009.

Public Comments: Comments may be submitted until May 13, 2009.

Agency Contact: William L. Harp, M.D., Executive Director, Board of Medicine, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4621, FAX (804) 527-4426, or email william.harp@dhp.virginia.gov.

VA.R. Doc. No. R09-13; Filed March 13, 2009, 2:23 p.m.

BOARD OF PHARMACY

Initial Agency Notice

Title of Regulation: 18VAC110-20. Regulations Governing the Practice of Pharmacy.

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Name of Petitioner: Eric D. Hampton.

Nature of Petitioner's Request: Amend regulations pertaining to automated devices for dispensing and administration of drugs to use the activity reports rather than having a nurse or other licensed person sign for the delivery.

Agency's Plan for Disposition of Request: The board will receive public comment on the petition for rulemaking until May 13, 2009, and will review the petition and any comments at its meeting on June 10, 2009, to make a decision on whether to initiate rulemaking.

Public Comments: Comments may be submitted until May 13, 2009.

Agency Contact: Elizabeth Scott Russell, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Richmond, VA 23233, telephone (804) 662-9911, FAX (804) 662-9313, or email scotti.russell@dhp.virginia.gov.

VA.R. Doc. No. R09-14; Filed March 13, 2009, 2:23 p.m.