NOTICES OF INTENDED REGULATORY ACTION
Vol. 26 Iss. 4 - October 26, 2009

TITLE 2. AGRICULTURE
Regulations for the Enforcement of the Virginia Gasoline and Motor Fuel Law
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Agriculture and Consumer Services intends to consider repealing the following regulations: 2VAC5-420, Regulations for the Enforcement of the Virginia Gasoline and Motor Fuel Law. The purpose of the proposed action is to seek comments regarding the possible repeal of the regulation. The current regulation prescribes basic requirements for enforcement of the Virginia Motor Fuels and Lubricating Oils Law (Chapter 12 (§ 59.1-149 et seq.) of Title 59.1 of the Code of Virginia). The 2009 session of the Virginia General Assembly amended the Motor Fuels and Lubricating Oils Law by incorporating by reference certain national specifications for the inspection and testing of motor fuels. Given that the essential elements of the regulation have been incorporated into the statute, the regulation may no longer be needed and may be repealed.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 59.1-156 of the Code of Virginia.

Public Comment Deadline: November 25, 2009.

Agency Contact: Robert E. Bailey, Program Manager, Department of Agriculture and Consumer Services, P. O. Box 1163, Richmond, VA 23218, telephone (804) 786-1274, FAX (804) 786-1571, TTY 1-800-828-1120, or email robert.bailey@vdacs.virginia.gov.

VA.R. Doc. No. R10-2120; Filed October 6, 2009, 10:25 a.m.
TITLE 9. ENVIRONMENT
Existing Stationary Sources (Rev. C09)
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Air Pollution Control Board intends to consider amending the following regulations: 9VAC5-40, Existing Stationary Sources (Rev. C09). The purpose of the proposed action is to adopt new standards for the control of volatile organic compound (VOC) emissions from offset lithographic printing operations, and letterpress printing operations within the Northern Virginia VOC Emissions Control Area. This action is being taken to allow Virginia to meet its obligation to implement control measures in areas designated as nonattainment under the 0.08 parts per million (ppm) eight-hour ozone standard. It will contribute to the reduction of ozone air pollution, and thereby improve public health and welfare.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172 and 182); 40 CFR Parts 51 and 60.

Public Comment Deadline: November 30, 2009.

Agency Contact: Gary Graham, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4103, FAX (804) 698-4510, or email gary.graham@deq.virginia.gov.

VA.R. Doc. No. R10-2126; Filed October 6, 2009, 2:29 p.m.
TITLE 9. ENVIRONMENT
Existing Stationary Sources (Rev. D09)
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Air Pollution Control Board intends to consider amending the following regulations: 9VAC5-40, Existing Stationary Sources (Rev. D09). The purpose of the proposed action is to adopt new standards for the control of volatile organic compound (VOC) emissions from industrial solvent cleaning operations, and miscellaneous industrial adhesive application processes within the Northern Virginia VOC Emissions Control Area. This action is being taken to allow Virginia to meet its obligation to implement control measures in areas designated as nonattainment under the 0.08 parts per million (ppm) eight-hour ozone standard. It will contribute to the reduction of ozone air pollution, and thereby improve public health and welfare.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172 and 182); 40 CFR Parts 51 and 60.

Public Comment Deadline: November 30, 2009.

Agency Contact: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 698-4510, or email karen.sabasteanski@deq.virginia.gov.

VA.R. Doc. No. R10-2124; Filed October 6, 2009, 2:30 p.m.
TITLE 9. ENVIRONMENT
Existing Stationary Sources (Rev. E09)
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Air Pollution Control Board intends to consider amending the following regulations: 9VAC5-40, Existing Stationary Sources (Rev. E09). The purpose of the proposed action is to adopt new standards for the control of volatile organic compound (VOC) emissions from miscellaneous metal and plastic parts coating operations within the Northern Virginia VOC Emissions Control Area. This action is being taken to allow Virginia to meet its obligation to implement control measures in areas designated as nonattainment under the 0.08 parts per million (ppm) eight-hour ozone standard. It will contribute to the reduction of ozone air pollution, and thereby improve public health and welfare.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172 and 182); 40 CFR Parts 51 and 60.

Public Comment Deadline: November 30, 2009.

Agency Contact: Mary E. Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.

VA.R. Doc. No. R10-2125; Filed October 6, 2009, 2:34 p.m.
TITLE 12. HEALTH
Regulations for Disease Reporting and Control
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health intends to consider amending the following regulations: 12VAC5-90, Regulations for Disease Reporting and Control. The purpose of the proposed action is to identify additional measures relating to healthcare-associated infections that acute care hospitals would have to report to the U.S. Centers for Disease Control and Prevention (CDC) and to the Department of Health.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 32.1-35 of the Code of Virginia.

Public Comment Deadline: November 25, 2009.

Agency Contact: Diane Woolard, Ph.D., Director, Disease Surveillance, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-8124, or email diane.woolard@vdh.virginia.gov.

VA.R. Doc. No. R10-2109; Filed October 5, 2009, 2:44 p.m.
TITLE 12. HEALTH
Administration of Medical Assistance Services
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Medical Assistance Services intends to consider promulgating the following regulations: 12VAC30-20, Administration of Medical Assistance Services. The purpose of the proposed action is to address the factor of family coverage as an element of the cost effectiveness determination methodology for entrance into the Health Insurance Premium Payment program of Medicaid.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 32.1-324 and 32.1-325 of the Code of Virginia.

Public Comment Deadline: November 25, 2009.

Agency Contact: Patricia Taylor, Program Operations Division, Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA 23219, telephone (804) 371-6333, FAX (804) 786-1680, or email patricia.taylor@dmas.virginia.gov.

VA.R. Doc. No. R10-2021; Filed October 5, 2009, 3:59 p.m.
TITLE 12. HEALTH
Waivered Services
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Medical Assistance Services intends to consider amending the following regulations: 12VAC30-120, Waivered Services. The purpose of the proposed action is to update the waiver regulations to conform to current industry standards and remove conflicting, confusing requirements.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 32.1-325 of the Code of Virginia.

Public Comment Deadline: November 25, 2009.

Agency Contact: William Butler, Long Term Care Division, Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA 23219, telephone (804) 371-8886, FAX (804) 786-1680, or email william.butler@dmas.virginia.gov.

VA.R. Doc. No. R10-2177; Filed October 2, 2009, 2:23 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Dentistry and Dental Hygiene
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Dentistry intends to consider amending the following regulations: 18VAC60-20, Regulations Governing the Practice of Dentistry and Dental Hygiene. The purpose of the proposed action is to amend the regulation by adding a provision pursuant to Chapter 89 of the 2009 Acts of Assembly for recovery of costs associated with investigating and monitoring licensees for whom disciplinary action has been imposed.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: Chapter 27 (§ 54.1-2700 et seq.) of Title 54.1 of the Code of Virginia.

Public Comment Deadline: November 25, 2009.

Agency Contact: Sandra Reen, Executive Director, Board of Dentistry, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4538, FAX (804) 527-4428, or email sandra.reen@dhp.virginia.gov.

VA.R. Doc. No. R10-2178; Filed October 5, 2009, 8:48 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Licensed Midwives
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Medicine intends to consider amending the following regulations: 18VAC85-130, Regulations Governing the Practice of Licensed Midwives. The purpose of the proposed action is to amend the regulation by adding a provision pursuant to Chapter 646 of the 2009 Acts of Assembly for disclosure on options for consultation and referral and information on health risks associated with certain high-risk pregnancies.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 54.1-2400 and 54.1-2957.9 of the Code of Virginia.

Public Comment Deadline: November 25, 2009.

Agency Contact: William L. Harp, M.D., Executive Director, Board of Medicine, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4621, FAX (804) 527-4429, or email william.harp@dhp.virginia.gov.

VA.R. Doc. No. R10-2179; Filed October 5, 2009, 8:52 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Pharmacy
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Pharmacy intends to consider amending the following regulations: 18VAC110-20, Regulations Governing the Practice of Pharmacy. The purpose of the proposed action is to revise the rule on signing for drugs placed in an automated dispensing device.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 54.1-2400 and Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.

Public Comment Deadline: November 25, 2009.

Agency Contact: Elizabeth Scott Russell, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4456, FAX (804) 527-4472, or email scotti.russell@dhp.virginia.gov.

VA.R. Doc. No. R10-2180; Filed October 5, 2009, 8:55 a.m.