PETITIONS FOR RULEMAKING
Vol. 39 Iss. 26 - August 14, 2023

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Initial Agency Notice

Title of Regulation: 9VAC25-31. Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation.

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

Name of Petitioner: Andy Cortez.

Nature of Petitioner's Request: On July 12, 2023, the Department of Environmental Quality received Andy Cortez's petition to the State Water Control Board to regulate commercial fishing vessel pump water as a point source pollutant due to vacuum pump water containing dissolved organic matter, including nitrogen, phosphorous, suspended solids, and high biochemical oxygen demand (BOD). The petitioner asserts that the discharge is not in compliance with § 62.1-44.2 or 62.1-44.5.9 A 1 3 of the Code of Virginia or 9VAC25-31-50 A 1 or A 2 and formally requests that the board amend the existing Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulations (9VAC25-31) or develop a new regulation.

Agency Plan for Disposition of Request: A 21-day public comment period is being announced in the Virginia Register of Regulations. Upon completion of the public comment period, the State Water Control Board will consider the petition at a future meeting and decide whether or not to move forward with the rulemaking.

Public Comment Deadline: September 4, 2023.

Agency Contact: Allan Brockenbrough, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 836-2321, or email allan.brockenbrough@deq.virginia.gov.

VA.R. Doc. No. PFR23-38; Filed July 21, 2023, 1:03 p.m.

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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF COUNSELING

Agency Decision

Title of Regulation: 18VAC115-80. Regulations Governing the Registration of Qualified Mental Health Professionals.

Statutory Authority: §§ 54.1-2400, 54.1-3500, and 54.1-3505 of the Code of Virginia.

Name of Petitioner: Kathy Johnson.

Nature of Petitioner's Request: The petitioner requests that qualified mental health professionals (QMHPs) who are dually registered to work with both children and adults; who have been exempted from certain requirements; who hold a master's degree or higher in social work, human services, or psychology; and who have more than 10 years professional work experience in mental or behavioral health should be considered qualified supervisors for qualified mental health professional trainees.

The petitioner also requests that those who meet the requirements in this petition should be able to practice independently.

Agency Decision: Take no action.

Statement of Reason for Decision: The Board of Counseling considered this petition at its July 21, 2023, meeting. The board decided to take no action on this petition as the board is currently in the process of reviewing the role and requirements of QMPHs, including holding of a regulatory advisory panel in March. The board wishes to take action all at once on revisions of the regulation as opposed to addressing individual requirements separately. The board will consider the petitioner's requests as it continues the process of identifying all necessary changes for the practice group.

Agency Contact: Jaime Hoyle, Executive Director, Board of Counseling, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4406, or email jaime.hoyle@dhp.virginia.gov.

VA.R. Doc. No. PFR23-26; Filed July 21, 2023, 1:16 p.m.

Agency Decision

Title of Regulation: 18VAC115-80. Regulations Governing the Registration of Qualified Mental Health Professionals.

Statutory Authority: §§ 54.1-2400, 54.1-3500, and 54.1-3505 of the Code of Virginia.

Name of Petitioner: Kathy Johnson.

Nature of Petitioner's Request: The petitioner requests that the Board of Counseling license qualified mental health professionals (QMHPs) as licensed mental health professionals. The petitioner states that QMHPs are highly trained in the behavioral aspect of mental health and many hold master's degrees or higher.

Agency Decision: Request denied.

Statement of Reason for Decision: The Board of Counseling considered this petition at its July 21, 2023, meeting. The board decided to take no action on the petition as the requested action is outside of the board's jurisdiction. The General Assembly determines whether a practice group is licensed, certified, or registered.

Agency Contact: Jaime Hoyle, Executive Director, Board of Counseling, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4406, or email jaime.hoyle@dhp.virginia.gov.

VA.R. Doc. No. PFR23-25; Filed July 21, 2023, 1:17 p.m.