TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD
Agency Decision
Title of Regulation: 9VAC5-80. Permits for Stationary Sources.
Statutory Authority: § 10.1-1308 of the Code of Virginia.
Name of Petitioner: Virginia Manufacturers Association (VMA).
Nature of Petitioner's Request: The petitioner is requesting the board to amend Article 8 (9VAC5-80-1605 et seq.), Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas, and Article 9 (9VAC5-80-2000 et seq.), Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region, as follows:
1. Amend the definition of "baseline actual emissions" in 9VAC5-80-1615 C and 9VAC5-80-2010 C, and make any other regulatory changes necessary to make the Virginia regulation conform with the federal definition. This would allow VMA members and other facility owners in Virginia to use a 10-year lookback period, thus making the Virginia regulations no more stringent than federal requirements.
2. Amend subdivision b (4) of the definition of "baseline actual emissions" in 9VAC5-80-1615 C and 9VAC5-80-2010 C and amend 9VAC5-80-1865 E and 9VAC5-80-2144 E, and make any other regulatory changes necessary to make the Virginia regulation conform with the federal definition. This would allow VMA members and other facility owners in Virginia to use different lookback periods for different regulated NSR pollutants, thus making the Virginia regulations no more stringent than federal requirements.
3. Amend 9VAC5-80-1615 C, 9VAC5-80-1865 C 1 f, 9VAC5-80-2010 C, and 9VAC5-80-2144 C 1 f, and make any other regulatory changes necessary to make the Virginia regulation conform with the federal definition. This would allow VMA members and other facility owners in Virginia to obtain PALs for 10 years, rather than only five years, thus making the Virginia regulations no more stringent than federal requirements.
4. Amend the definition of "emissions unit," add a definition of "replacement unit" in 9VAC5-80-1615 C and 9VAC5-80-2010 C, and make any other regulatory changes necessary to make the Virginia regulation conform with the federal definition. This would allow VMA members and other facility owners in Virginia to use the baseline actual emissions of the unit being replaced and the projected actual emissions of the replacement unit, thus making the Virginia regulations no more stringent than federal requirements.
Agency's Decision: Request granted.
Statement of Reason for Decision: At the State Air Pollution Control Board meeting on April 4, 2014, the board granted the petitioner's request to initiate a rulemaking concerning major new source review regulations and authorized the department to initiate the associated regulatory action.
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, TDD (804) 698-4021, or email karen.sabasteanski@deq.virginia.gov.
VA.R. Doc. No. R14-03; Filed April 8, 2014, 1:24 p.m.
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TITLE 12. HEALTH
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Initial Agency Notice
Title of Regulation: 12VAC30-120. Waivered Services.
Statutory Authority: § 32.1-325 of the Code of Virginia.
Name of Petitioner: Michele Frances Jackson.
Nature of Petitioner's Request: Per this document http://townhall.virginia.gov/UM/chartpetitionpublic.pdf, I would like to use § 2.2-4007 of the Code of Virginia to request that the Department of Medical Assistance Services (DMAS) change the regulations relating to the Medicaid Elderly or Disabled with Consumer-Direction (EDCD) Waiver.
1) Repeal all Medicaid Elderly or Disabled with Consumer Direction Waiver regulations into one regulation that assertively promotes the home and community presence and participation of persons with disabilities. For example, the EDCD Waiver should seek to encourage disabled people eating in restaurants with wait staff and flying airplanes to national and international destinations. Repeal 12VAC30-120-900, 12VAC30-120-980, 12VAC30-120-930, 12VAC30-120-920, 12VAC30-110, 12VAC30-20-500 through 12VAC30-20-560, 12VAC30-120-758, 12VAC30-120-762, 12VAC30-120-2000, 12VAC30-120-2010 and any other regulation about the EDCD Waiver into one regulation that clearly and completely explains the program.
2) Change the EDCD Waiver regulation to increase $11.47 hourly personal attendant wage by multiples, so that the personal attendants who are often family of the disabled individual will have the freedom of choice to purchase their own charitable contributions, housing, utilities, car, food, clothing, medical, entertainment, travel and other needs and wants. Persons with disabilities and their caretakers should have the income to eat in restaurants with wait staff, to fly and to participate in other good and enjoyable things. This is a love, truth and disability rights issue. Many personal attendants are family members and friends of persons with disabilities who do not want their family and friends to end up in foster care, nursing facilities, assisted-living facilities, other mental health institutions, group homes, etc. Freedom of choice allows family and friends, the best people, the biggest lovers of persons with disabilities (after God and persons with disabilities), to be caregivers for persons with disabilities.
3) Change the EDCD Waiver regulation to include an annual cost of living increase for the personal attendants.
4) Change the EDCD Waiver regulation, so that personal attendants and the employer of record can be the same person. Single parents need to be able to be both the personal attendant and the employer of record. Many single parents go through obtaining custody and child support for the disabled child because the noncustodial parent refuses to provide for the disabled child financially and in other ways. Married couples also benefit when a personal attendant and the employer of record are the same person. For example, a husband who is primarily the employer of record and a wife who is primarily the personal attendant can switch roles allowing the husband to serve as the personal attendant. Some personal attendants work more than 40 hours weekly and need rest. All personal attendants should be paid. Some family have more than one elderly or disabled member and also need flexibility of personal attendants and the employer of record being the same person.
5) Change the EDCD Waiver regulation, so that an individual age 18 and older can be a personal attendant including parents of minor disabled children, spouses of disabled individuals, all biological/adoptive family members and others. Encourage family to be personal attendants.
6) Change EDCD Waiver regulation, so that an individual age 17 and younger who is the mother/father of a disabled individual can serve as a personal attendant/employer of record.
7) Repeal EDCD Waiver regulation implementing periodic authorization. There should be one evaluation to qualify for the EDCD Waiver and no further authorizations. Disabilities like autism and Down Syndrome are life-long. Also, institutions have a long history of discriminating against persons with disabilities.
8) Change EDCD Waiver regulation, so that disabled individuals have compliments or complaints handled by the EDCD program head. Disabled individuals or their representatives are not to go through the Medicaid appeals process. EDCD Waiver is to handle compliments/complaints as an opportunity to improve the EDCD Waiver service not as a way to reduce or deny benefits/income to disabled individuals and their personal attendants. EDCD Waiver should strive to ensure that personal attendants are continuously paid and providing service to elderly or disabled individual from day one of birth and older until end of disability or death.
9) Change EDCD Waiver regulation, so that service facilitators are visiting disabled individuals and their representatives once annually to inform them about the EDCD Waiver, check that the personal attendants are being paid continuously and trouble shoot payment problems.
10) Repeal EDCD Waiver regulation where service facilitator is collecting data on the disabled individual and their family/personal attendants as it relates to the periodic authorization. (See point 7 where the periodic authorization is repealed.)
11) Change EDCD Waiver regulation, so that service facilitators are responsible for informing local medical facilities, mental health facilities, schools and government agencies about the EDCD Waiver with the goal that these groups will tell persons with disabilities and their families and friends about the EDCD Waiver. One of the goals should be that when parents receive genetic counseling they are also told about the EDCD Waiver, so that from day one if a disabled individual is born, they are enrolled in the EDCD Waiver receiving personal attendant and other services. Another goal is to end situation where some family have disabled members in foster care, nursing facilities, assisted living facilities, group homes and other institutions not because they want them there but because they have no knowledge of or little knowledge of the EDCD Waiver.
12) Change EDCD Waiver regulation, so that service facilitators assist a disabled person holding a Virginia EDCD Waiver with a move to another state and his/her personal attendant not lose any income.
13) Change EDCD Waiver regulation, so that service facilitators work on problem of how to help a disabled person with an EDCD Waiver from another state to move to Virginia without his/her personal attendant losing income.
14) EDCD Waiver should be a tool to empower disabled person to live daily the best possible life.
Agency Plan for Disposition of Request: DMAS plans to post this petition for rulemaking as required by the Code of Virginia.
Public Comment Deadline: May 26, 2014.
Agency Contact: Brian McCormick, Regulatory Coordinator, Policy Division, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-8856, or email brianmccormick@dmas.virginia.gov.
VA.R. Doc. No. R14-26; Filed April 4, 2014, 2:01 p.m.